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: N.Santosh Hegde, S.B.Sinha, G.P.Mathur Samarendra Nath Bhattacharjee vs State Of West Bengal & Anr on 25 August, 2004 Law Point: No material to establish intimidation by the accused on bail, Cancellation of Bail reversed. JUDGEMENT Heard learned counsel for the parties. Leave granted. The appellant herein was an accused […]
Court: Supreme Court of India Bench: K.Venkataswami, Syed Shah Quadri Arun Vyas & Anr vs Anita Vyas on 14 May, 1999 Law Point: Criminal – discharge – if Magistrate finds that charge against accused do not make out prima facie case and does not furnish basis for framing charge the accused is discharged. JUDGEMENT This […]
Court: Supreme Court of India Bench: S.B. Sinha, C.K. Thakker Asit Bhattacharjee vs M/S. Hanuman Prasad Ojha & Ors on 15 May, 2007 Law Point: Direction to transfer FIR must be issued with name of concern Police Station JUDGEMENT 1. Appellant herein was awarded contracts for exporting wheat, rice etc. upon purchasing the […]
Court: BOMBAY HIGH COURT Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: S. B. MHASE & A. A. SAYED,JJ. Mr. Dhavalshree Surendra Saraiya & Others. vs The Union of India & Anr. on November 18, 2008 Mr. Dinesh Tiwari, Adv. For the appellant. Mr. K. S. Patil for the Intervenor. Mr. A. S. Gadkari, […]
Court: Kerala High Court Bench: JUSTICE O.P.DWIVEDI Mohanan vs State Of Kerala on 25 May, 2007 SRI.K.A.SALIL NARAYANAN For the appellant. SMT.K.A.ANGEL TREENA, Adv. For the respondent. Law Point: Compounding of offence u/s320 CrPC explained. JUDGEMENT The petitioners – son and mother face indictment interalia for the offence punishable underSection 498A I.P.C. Cognizance has been taken by the learned Magistrate on […]
Court: Kerala High Court Bench: JUSTICE R. BASANT T.C.Mathew vs State Of Kerala on 16 July, 2007 SRI.S.RAJEEV, Adv. For the appellant. PP For the respondent. Law Point: Antcipatory bail u/s 438 CrPC in 498A JUDGEMENT Application for anticipatory bail. The petitioners are the husband and step-mother of the husband of the de facto complainant. The marriage between the spouses took place on […]
Court: High Court of Delhi Bench: JUSTICE V. K. JAIN Hans Raj Sharma & Ors. vs State Govt. Of N.C.T. Of Delhi on 2 March, 2010 Mr. A.K. Srivastava, Adv. For the appellant. Mr.Jaideep Malik, APP For the State. Law Point: Demand, with no connection with marriage, cannot be construed as Dowry Demand JUDGEMENT 1. This is an appeal […]
Court: High Court of Delhi Bench: JUSTICE SHIV NARAYAN DHINGRA Vijay Verma vs State Nct Of Delhi & Anr. on 13 August, 2010 Mr. K.K. Manan, Mr. Tarun Goomber, Mr. Nipun Bhardwaj, Mr. Pankaj Mandiratta and Mr. Ashish George, Advocates.For the appellant. Mr. Sunil Sharma, APP for the State. Mr. Sunil Sethi, Mr. Sumit Sethi & Mr. B.C. […]
Court: Bombay High Court Equivalent citations: 2008 (2) MhLj 856 S Kumar, D Chandrachud, J Devadhar Abasaheb Yadav Honmane And … vs The State Of Maharashtra on 12 March, 2008 Law Point: Compounding and quashing are not synonymous terms.The power to compound can be exercised at the trial stage or even at the appellate stage […]
Court: Punjab and Haryana High Court Bench: JUSTICE L.N. MITTAL Bhupinder Kaur And Others vs State Of Punjab And Another on 2 December, 2009 Mr. Deepak Sharma, Adv. For the appellant. Mr. HS Gill, DAG Punjab for respondent Nos. 1 and 2 Mr. HPS Ghuman, Advocate for applicant-GMADA Law Point: 498A on minors, whole family implicated, FIR Quashed qua the […]