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 M.M. Punchhi and K.T. Thomas Sham Lal Vs. State of Haryana On 20 February 1997 Law Point: Criminal – dowry death – Section 304-B of Indian Penal Code, 1860 – wife of appellant died of burning injury – no proof to show that wife subjected to cruelty soon […]
Court: Andhra Pradesh High Court Bench: JUSTICE D.S.R. Varma Shaik China Buda Vs. State Of A.P. Law Point: Section 498-A — Cruelty : No Corroboration in Evidence of P.Ws. 1 to 4 on Material Aspects : All Co-accused Acquitted of Offence under Sections 304-B and 498-A, I.P.C. : No Specific Evidence Against A1 for Offence […]
Court: Punjab and Haryana High Court Bench: JUSTICE Jitendra Chauhan Prem Singh Vs. State Of Haryana Law Point: Section 304B — Dowry Death — Benefit of doubt — Ingredients of dowry death not fulfilled — No allegation of harassment or torture of deceased on account of dowry demand — No complaint prior to death about […]
Court: Supreme Court Of India Bench: JUSTICE Ranjana Prakash Desai & J. Chelameswar Chhotan Sao & Anr. Vs. State Of Bihar On 17 December 2013 Law Point: Section 304B — Dowry Death — Unnatural death of deceased by consuming poison — Acquittal of accused — Conclusion recorded by Courts below is not based on any […]
Court: Supreme Court of India Bench: JUSTICES S.B. Sinha & Cyriac Joseph Tarsem Singh Vs. State Of Punjab On 12 December 2008 Law Point: Nothing on record to show any demand of dowry made soon before her death — High Court failed to notice no evidence brought on record to show cruelty or harassment was […]
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: High Court of Bombay Bench: JUSTICE T.K. Chandra Shekhara Das Daud Mohamad Aga and Ors. Vs. State On 03 March 1995 Law Point: Sections 34, 100, 109 and 498A of Indian Penal Code, 1860 and Dowry Prohibition Act, 1961 – State instituted prosecution against petitioners at instance of complainant – on basis of complaint […]
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 […]