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
HIMACHAL PRADESH HIGH COURT JUSTICE Sandeep Sharma Indu Bala Vs. State of Himachal Pradesh On 22 May 2018 Law Point: Sections 498A, 304B, 34 — Normal rule is of bail and not jail — Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment, character of accused, […]
Court: Chhattisgarh High Court Bench: JUSTICE Pritinker Diwaker Sanjay Kumar Manwani (Dr) Vs. State of Chhattisgarh On 21 May 2018 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Section 4 — Anticipatory Bail — Cruelty — Common Intention — […]
Gauhati High Court JUSTICE Rumi Kumari Phukan Lakhan Deka & Anr. Vs. State Of Assam On 11 July 2017 Law Point: Sections 498A, 34 – Independent witnesses have not supported prosecution case — No complaint/FIR made at relevant point of time regarding torture — Prosecution not able to prove cruelty as embodied under Section 498A, […]
Court: Bombay High Court Bench: JUSTICE Naresh H. Patil & T.V. Nalawade Ramesh & Ors. Vs. State Of Maharashtra On 27 March 2012 Law Point: Indian Penal Code, 1860 — Sections 302, 498A, 34 — Murder — Cruelty — Common Intention — Benefit of doubt — Dying declarations do not inspire confidence to convict all […]
Court: Calcutta High Court Bench: JUSTICE Kanchan Chakraborty Sambhunath Das & Ors. Vs. State Of West Bengal On 3 December 2013 Law Point: Indian Penal Code, 1860 — Sections 306, 498A — Evidence Act, 1872 — Section 113A — Abetment of Suicide — Cruelty — Common intention — Death of deceased by hanging in matrimonial […]
Court: Bombay High Court Bench: JUSTICE T.V. Nalawade State Of Maharashtra Vs. Sahebrao Ramrao Muthe & Ors. On 18 January 2013 Law Point: Indian Penal Code, 1860 — Sections 498A, 306 r/w Section 34 — Cruelty — Abetment to suicide — Common intention — Suicide committed by jumping into well along with one year old […]
Court: Bombay High Court Bench: JUSTICE V.L. Achliya Datta & Ors. Vs. State Of Maharashtra On 13 October 2016 Law Point: Indian Penal Code, 1860 — Sections 306, 498A, 34 — Abetment of Suicide — Cruelty — Common intention — Benefit of doubt — Suicidal death of deceased by burning herself — No cogent, convincing […]
Court: Patna High Court Bench: JUSTICE Rajendra Kumar Mishra Jagbandhu Bin & Ors. Vs. State Of Bihar On 12 December 2013 Law Point: Indian Penal Code, 1860 — Sections 304B, 201, 34 — Dowry Death — Disappearance of Evidence — Common intention — Benefit of doubt — Ingredients of offence under Section 304B, IPC — […]
Court: Karnataka High Court Bench: JUSTICE N. Ananda State by Jayanagar Police Station Vs. B.G. Raghu & Ors. On 3 March 2014 Law Point: Criminal Procedure Code, 1973 — Section 378(3) — Indian Penal Code, 1860 — Sections 498A, 109, 313, 34 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Appeal Against Acquittal […]
Court: Patna High Court Bench: JUSTICE Navaniti Prasad Singh SK. Reyaz @ SK. Reyazuddin & Anr., SK. Shabbu @ Sahnawaz Akhtar Vs. State Of Bihar On 6 April 2016 Law Point: Indian Penal Code, 1860 — Sections 304B, 34 — Evidence Act, 1872 — Section 113B — Dowry Death — Common Intention — Presumption — […]