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 J.B. Garg Amarendu Jyoti & Ors. Vs. State Of Chhattisgarh & Ors. On 4 August 2014 Law Point: Criminal Procedure Code, 1973 — Sections 178, 179, 482 — Indian Penal Code, 1860 — Section 498A — Cruelty — Territorial Jurisdiction — Offence of cruelty not continuing offence as […]
Court: Supreme Court Of India Bench: JUSTICES P.P. Naolekar & V.S. Sirpurkar Bhura Ram & Ors. Vs State Of Rajasthan & Anr On 13 May 1994 Law Point: CRIMINAL LAW — Territorial Jurisdiction of Court — Criminal Breach of Trust, Cruelty — As per complaint all alleged acts took place in State of Punjab — […]
Court: Calcutta High Court Bench: JUSTICE Dibvendu Bhusan Dutta Ajoy KR. Ghosh Vs. Smt. Kajal Ghosh & Anr. On 16 March 1998 Law Point: Sections 406 – There was neither any demand from side of complainant for return of her Stridhan properties nor any refusal on part of petitioners to return them — Absence of […]
Court:UTTARAKHAND HIGH COURT Bench: JUSTICE Servesh Kumar Gupta BALBEER SINGH & ORS. Vs. STATE OF UTTARAKHAND & ANR. On 9 August 2011 Law Point: Sections 406 — Criminal Breach of Trust — If daughter leaves this mortal world for any reason whatsoever, then dominion over the property will not return to father of that woman […]
Court:Punjab And Haryana High Court Bench: JUSTICE R.C. Kathuria Dr. Sant Singh Vs. State Of Punjab On 27 April 2002 Law Point: Sections 406/498-A — Complainant made omnibus allegations against petitioners-accused and tried to rope them all as co-accused to face trial : No justification for summoning co-accused on basis of statement of complainant. JUDGEMENT […]
Court: Supreme Court Of India Bench: JUSTICE KAILASH CHANDRA AGRAWAL & ANR. Vs. STATE OF U.P. & ORS. Kailash Chandra Agrawal & Anr. Vs. State Of U.p. & Ors. On 16 September 2014 Law Point: Section 406 — Dowry Prohibition Act, 1961 — Section 6 — Quashing of Proceedings — Criminal Breach of Trust — […]
Court: Punjab And Haryana High Court Bench: JUSTICE Nirmal Singh Mukesh Rani Vs. State Of Haryana On 13 August 2001 Law Point: Sections 498-A, 406 — Evidence Act, 1872 — Sections 113-A, 113-B — Quashing of Order : Cruelty, Criminal Breach of Trust : Sister and Brother-in-law of Accused Living Separately in Different Village : […]
Court:Delhi High Court Bench: JUSTICE S.K. Agarwal ANU GILL Vs. STATE & ANR. On 30 May 2001 Law Point: Section 406 — Quashing of FIR : Criminal Breach of Trust : Absence of Allegation of Entrustment Regarding Istreedhan : Question of Misappropriation of Conversion to Her Use does not Arise — Most vital ingredient to […]
Court: Delhi High Court Bench: JUSTICE Manju Goel Malkiat Singh & Ors. Vs. State & Anr. On 26 May 2005 Law Point: Section 406 – Jurisdiction will lie with Police Station having jurisdiction over matrimonial home or some other place where respondent No. 2 lived along with her husband. JUDGEMENT 1. The […]
Court: Calcutta High Court Bench: JUSTICE Asish Baran Mukherjee Pradipta Basu Roy Chowdhury Vs. Smt. Babita Basu Roy Chowdhury & Ors. On 19 September 1996 Law Point: Entrustment with two in-laws and not petitioner-husband –– FIR does not make out prima facie case against petitioner u/Sec. 403 or 406, LP.C. –– Continuance of proceedings –– […]