Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Supreme Court of India Bench: JUSTICE K.G. Balakrishnan & Dr. AR. Lakshmanan State Of Rajasthan Vs. Teg Bahadur And Ors. On 29 September 2004 Law Point: Witnesses gave different versions regarding demand of dowry : Lack of evidence to prove demand of dowry : Evidence led by prosecution bristle with discrepancies and contradictions : […]
Court: Supreme Court Of India Bench: JUSTICES S. Ratnavel Pandian And K. Jayachandra Reddy Akula Ravinder and others Vs. The State of Andhra Pradesh On 11 January 1991. Law Point: Sections 498A, 302, 201 and 304B – In a case of this nature where the prosecution has failed to establish that it was an unnatural […]
Court: Orissa High Court Bench: JUSTICE S.K. Sahoo State Of Odisha Vs. Kumuda Chandra Chinara & Ors. On 8 January 2018 Law Point: Sections 304B, 498A, 34 — Appeal against acquittal — Dowry death — Cruelty — Common intention — No direct evidence on record to show respondents were subjecting deceased to cruelty demanding dowry […]
Court: Supreme Court Of India Bench: JUSTICE J. Chelameswar & A.K. Sikri Ramaiah @ Rama Vs. State Of Karnataka On 7 August 2014 Law Point: Sections 304B, 498A – No explanation for delay in lodging FIR — No suitable justification given by High Court for overturning verdict of acquittal of trial Court — Judgment of […]
Court: Allahabad High Court Bench: JUSTICE Rekha Dikshit Awadhesh Awasthi Vs. State Of U.P. On 19 February 2018 Law Point: Sections 304B, 498A — Prosecution could not prove that deceased was ever subjected to cruelty or harassment by accused appellant which resulted in her death — In absence of proof of such ingredients presumption for […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & S.H. Kapadia BISWAJIT HALDER @ BABU HALDER & ORS. Vs. STATE OF WEST BENGAL On 19 March 2007 Law Point: Section 304B – No evidence to show any cruelty or harassment for or in connection with demand of dowry — This deficiency in evidence […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain M. Srinivasulu Vs. State Of A.P. On 10 September 2007 Law Point: Dowry Death — Presumption — Essentials to be proved to raise presumption — Meaning of expression “soon before” is present with idea of proximity test — No definite period indicated […]
Court: Supreme Court Of India Bench: JUSTICE R.P. Sethi and B.P. Singh State of Haryana Vs. Inder Singh and Ors. On 29 January 2002 Law Point: Indian Penal Code, 1860 – Sections 304B and 498A–Dowry death–Conviction and sentence by trial court–But acquittal by High Court–Validity–Conviction based on sole testimony of P.W. 4, father of deceased–P.W. […]