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 Jagdish Singh Khehar & S.A. Bobde State Of Karnataka Vs. Dattaraj & Ors. On 15 February 2016 Law Point: Sections 498A, 304B, 34-Allegation is inconsequential with respect to provisions under which accused were charged — High Court was fully justified in acquitting brother, father and mother of respondent-husband […]
Court:GUJARAT HIGH COURT Bench: JUSTICE M.R. Shah Payal Mihirbhai Patel Vs. State of Gujarat & 1 On 01 February 2012 Law Point: Section 498A/114 – The petitioner is the sister in law of the complainant. except for vague allegations that the petitioner used to call her parents and instigate them there is no material on […]
Court: Bombay High Court Bench: JUSTICE Rohit B. Deo Rajesh Vs. State Of Maharashtra On 15 March 2018 Law Point: Sections 498A, 304-B — Evidence Act, 1872 — Section 113-B — Dowry Prohibition Act, 1961 — Section 2 — Cruelty — Dowry Death — Evidence of witnesses examined to prove cruelty is inconsistent — Marred […]
Court: High Court Of Bombay Bench: JUSTICE V.M. Kanade Rajashri Subhash Kamble Vs. Subhash Babanrao Kamble and Ors. On 09 March 2007 Law Point: “The Court cannot convert an order of acquittal into an order of conviction except in exceptional cases particularly when the State has not preferred an appeal against the order of acquittal.” […]
Court: Supreme Court Of India Bench: JUSTICE Sudhansu Jyoti Mukhopadhaya & V. Gopala Gowda Asha & Anr. Vs. State Of Uttarakhand On 1 November 2013 Law Point: No convincing and cogent evidence produced — Courts below failed to consider relevant fact, viz., appellants were not in house at the time of incident — Judgment and […]
Court: Supreme Court Of India Bench: JUSTICE T.S. Thakur & Adarsh Kumar Goel Monju Roy & Ors. Vs. State Of West Bengal On 17 April 2015 Law Point: Sections 304B, 306, 498A — Dowry Death — Abetment of Suicide — Cruelty — Benefit of Doubt — Omnibus allegations against family members of husband. Conviction and […]
Court: Supreme Court Of India Bench: JUSTICE A.K. Patnaik & Sudhansu Jyoti Mukhopadhaya Vipin Jaiswal (a-i) Vs. State Of A.p. Rep. By Public Prosecutor On 13 March 2013 Law Point: Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & S.H. Kapadia BISWAJIT HALDER @ BABU HALDER & ORS. Vs. STATE OF WEST BENGAL On 19 March 2007 Law Point: Section 304B – No evidence to show any cruelty or harassment for or in connection with demand of dowry — This deficiency in evidence […]
Court: Supreme Court of India Bench: JUSTICE Dr. Arijit Pasayat & D.K. Jain M. Srinivasulu Vs. State Of A.P. On 10 September 2007 Law Point: Dowry Death — Presumption — Essentials to be proved to raise presumption — Meaning of expression “soon before” is present with idea of proximity test — No definite period indicated […]
Court: Supreme Court Of India Bench: JUSTICE R.P. Sethi and B.P. Singh State of Haryana Vs. Inder Singh and Ors. On 29 January 2002 Law Point: Indian Penal Code, 1860 – Sections 304B and 498A–Dowry death–Conviction and sentence by trial court–But acquittal by High Court–Validity–Conviction based on sole testimony of P.W. 4, father of deceased–P.W. […]