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 B. Sudershan Reddy & Surinder Singh Nijjar Anil Kumar Gupta Vs. State Of U.P. On 9 March 2011 Law Point: Sections 304-B, 498-A – Cause of death of victim undoubtedly is on account of consumption of poison but no circumstances available on record to conclude that it was […]
Court: Supreme Court Of India Bench: JUSTICE Dr. B.S. Chauhan & Dipak Misra Rohtash Vs. State Of Haryana On 22 May 2012 Law Point: Sections 304B, 498A — Criminal Procedure Code, 1973 — Sections 161, 313 — Dowry Death, Cruelty — Benefit of doubt — Deceased alleged to have died by consuming poisonous tablets — […]
Court: Supreme Court of India Bench: JUSTICES Dr. Arijit Pasayat and A.K. Ganguly D. Jayana Vs. State of Karnataka On 06 May 2009 Law Point: For the purpose of Section 304B, the evidence provided by the prosecution is not sufficient. Only evidence relatable was that of a neighbour who was examined about two months from […]
Court: Supreme Court of India Bench: JUSTICES Dalveer Bhandari & Dr. B.S. Chauhan Arulvelu & Another Vs. State Represented By The Public Prosecutor & Another On 7 October 2009 Law Point: Sections 304B, 498A — Dowry Death, Cruelty — Testimony of PWs not reliable — High Court not justified in setting aside order of acquittal […]
Court: Supreme Court Of India Bench: JUSTICE S.B. Sinha & P.P. Naolekar T. Aruntperunjothi Vs. State Through S.h.o., Pondicherry On 5 March 2006 Law Point: Family members of deceased did not make any complaint themselves rather investigation commenced by FIR lodged by appellant — No reason to disbelieve defence version that cause of death was […]
Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Lokeshwar Singh Panta Narayanamurthy Vs. State Of Karnataka & Anr. On 13 May 2008 Law Point: Mere evidence of cruelty and harassment not sufficient to bring in application of Section 304B, IPC — It is to be established that “soon before death” deceased was subjected […]
Court: Supreme Court of India Bench: JUSTICES N. Santosh Hegde & B.P. Singh Gurucharan Kumar & Anr. Vs. State Of Rajasthan On 8 January 2003 Law Point: Dowry Death : Abetment of Suicide : Evidence on Record does not Suggest Deceased was Subjected to Cruelty or Harassment by her Husband or by her Father-in-law and […]
Court: Supreme Court of India Bench: JUSTICE H.S. Bedi & Gyan Sudha Misra Maniklal Jain & Ors. Vs. State Of M.P. On 14 July 2011 Law Point: Dowry Death, Cruelty — Only general demands for dowry had been made with respect to other accused and no serious allegations have been levelled against appellant ‘SJ’ — […]
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 […]