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 Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
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 Umesh C. Banerjee & Shivaraj V. Patil Sunil Bajaj Vs. State Of M.P. On 11 October 2001 Law Point: Dowry Death, Abetment of Suicide: Necessary Ingredient of Deceased being Subjected to Cruelty or Harassment by Appealant soon before her Death for or in Connection with Demand of Dowry […]
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. […]
Court: Supreme Court Of India Bench: JUSTICE M.M. Punchhi and K.T. Thomas Sham Lal Vs. State of Haryana On 20 February 1997 Law Point: Criminal – dowry death – Section 304-B of Indian Penal Code, 1860 – wife of appellant died of burning injury – no proof to show that wife subjected to cruelty soon […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Varma Shaik China Buda Vs. State Of A.P. Law Point: Section 498-A — Cruelty : No Corroboration in Evidence of P.Ws. 1 to 4 on Material Aspects : All Co-accused Acquitted of Offence under Sections 304-B and 498-A, I.P.C. : No Specific Evidence Against A1 for Offence […]
Court: Punjab and Haryana High Court Bench: JUSTICE Jitendra Chauhan Prem Singh Vs. State Of Haryana Law Point: Section 304B — Dowry Death — Benefit of doubt — Ingredients of dowry death not fulfilled — No allegation of harassment or torture of deceased on account of dowry demand — No complaint prior to death about […]
Court: Supreme Court Of India Bench: JUSTICE Ranjana Prakash Desai & J. Chelameswar Chhotan Sao & Anr. Vs. State Of Bihar On 17 December 2013 Law Point: Section 304B — Dowry Death — Unnatural death of deceased by consuming poison — Acquittal of accused — Conclusion recorded by Courts below is not based on any […]