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: JUSTICES Altamas Kabir & H.L. Gokhale Durga Prasad & Anr. Vs. State Of M.P. On 14 May 2010 Law Point: Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, Adarsh Kumar Goel & R. Banumathi Jagdish & Ors. Vs. State Of Uttaranchal On 25 November 2014 Law Point: Mere demand of dowry at one or two instances may not attract provisions of Section 304B IPC. No material to show there was persistent demand of dowry […]
Court: High Court of Delhi Bench: JUSTICES Sanjiv Khanna and R.K. Gauba Dhani Ram and Ors. Vs. State Law Point: Dowry death – Acquittal – Benefit of doubt – Appeal filed against conviction and order on sentence for offences of cruelty and dowry death of wife of first Appellant – Whether Appellants entitled for acquittal […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Mohd. Aslam and Ors. vs. State (NCT of Delhi) On 11 September 2017 Law Point: Recently tendency had developed for roping in all relations of in-laws as accused persons and this appears to be case here too – Prosecution had failed to prove either any dowry demand […]
Court: Delhi High Court Bench: JUSTICES Vipin Sanghi and P.S. Teji State Govt. of NCT of Delhi vs. Ram Gopal On 01 November 2017 Law Point: Cruelty – Dory Death – It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC. JUDGEMENT 1. The State has filed the application under […]
Court:Calcutta High Court Bench: JUSTICE A K Basu, K Mukherjee Bipul Ranjan Paul vs State Of West Bengal On 15 March 2007 Law Point: Criminal- Dowry- Homicidal death- Section 498A, 304B and 306 of Indian penal Code, 18660- Appellant convicted for setting ablaze his wife over demand of dowry- Hence the instant appeal- Whether the […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar State of U.P. vs. Sukhoo and Ors. On 12 January 2017 Law Point: Abetment of suicide – In the absence of any specific avertments or evidence with regard to demand of dowry or treating deceased with cruelty, provision of S.113 of Evidence Act is not attracted. […]
Court: High Court Of Allahabad Bench: JUSTICE Harsh Kumar Priyanka Kulshrestha Vs. State of U.P. and Ors. On 09 February 2017 Law Point: Section 498 – No evidence on record to prove that complainant suffered from any mental and physical cruelty in the hands of accused – Accused rightly acquitted. JUDGEMENT 1. […]