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: Himachal Pradesh High Court Bench: JUSTICES Rajiv Sharma and Vivek Singh Thakur State of Himachal Pradesh Vs. Prem Chand and Ors. On 17 June 2016 Law Point: Abetment of suicide – No evidence on record that deceased was subjected to cruelty by accused prior to her death and cruelty was to such an extent […]
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: Himachal Pradesh High Court Bench: JUSTICE Dharam Chand Chaudhary and Chander Bhusan Barowalia Varinder Singh vs. State of Himachal Pradesh and Ors. On 23 March 2017 Law Point: Abetment of suicide – Prosecution has is required to plead and prove that one person instigated another person to commit suicide and as a result of […]
Court: Jharkhand High Court Bench: JUSTICE Deoki Nandan Prasad Dasrath Sao & Ors. Vs. State Of Bihar On 7 June 2001 Law Point: Sections 306, 498-A — Abetment of Suicide, Cruelty : Abetment, Absence of Essential Ingredient : No Charge under Section 306, I.P.C. Framed : Section 306, I.P.C. cannot be Said to be Minor […]
Court: Karnataka High Court Bench: JUSTICE N.K.Sudhindrarao Jadeppa S/O Late Hanumanthappa Vs. The State Of Karnataka On 16 January 2018 Law Point: Abetment of suicide – Reason for committing suicide always has to be assessed from an independent angel and not from angle of victim or from a person who is cause for it. JUDGEMENT […]
Court: Supreme Court of India Bench: JUSTICES Umesh C. Banerjee & Y.K. Sabharwal Girdhar Shankar Tawade Vs. State Of Maharashtra On 24 April 2002 Law Point: Maintainability of Charge under Section 498-A, by Reason of Order of Acquittal under Section 306, IPC i.e. Abetment of Suicide : Acquittal of Charge under Section 306, Though not […]
Court: Supreme Court of India Bench: JUSTICE S.B. Sinha & Markandeya Katju Sanjay Vs. State Of Maharashtra On 8 March 2007 Law Point: Three different dying declarations. Prosecution not proved appellant’s guilt under Section 306, IPC of abetting suicide beyond reasonable doubt. Judgments of High Court and Trial Court U/S 306 and 498A quashed. JUDGEMENT […]