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 Equivalent citations: 1980 AIR 1632, 1980 SCR (3) 383 Bench: Chandrachud, Y.V. (Cj), Bhagwati, P.N., Untwalia, N.L., Pathak, R.S., Reddy, O. Chinnappa (J) Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980 Mr. Gopal Narain Aggarwal, Adv. For the appellant. Mr.Narinder Kaushik, Adv. For the respondent. Law Point: No FIR needed to Grant anticipatory bail. […]
Court: Delhi High Court Equivalent citations: 146 (2008) DLT 497 Bench: JUSTICE P Nandrajog Anupam Sharma vs Nct Of Delhi And Anr. on 23 August, 2007 Law Point: Wife cannot retrace her steps and resile from the settlement once made with the husband, 498A quashed against husband JUDGEMENT 1. Vide Crl.M.C. No. 3920/2003 Anupam Sharma, […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: ANDHRA PRADESH HIGH COURT Bench: JUSTICE G. YETHIRAJULU Kalaparthy Ranjit Kumar, vs The State Of A.P. Rep. By The on 26 April, 2007 Sri P.Vinod Kumar, Adv. For the appellant. Public Prosecutor and G.L.Nageswara Rao, Adv. For the respondents. Law Point: Jurisdiction explained in criminal […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Supreme Court of India Bench: Arijit Pasayat, Lokeshwar Singh Panta, P. Sathasivam Sundar Babu & Ors vs State Of Tamil Nadu on 19 February, 2009 Law Point: No hard-and-fast rule can be laid down in […]
Court: Supreme Court of India Bench: S.B. Sinha, Lokeshwar Singh Panta M.Saravana Porselvi Vs. A.R. Chandrashekar @ Parthiban & Ors. on 27 May, 2008 Law Point: 498A filed after 10 years of divorce, is abuse of process of court, quashed. JUDGEMENT 1. Leave granted. 2. Appellant is an advocate. She was married to Respondent No.1 […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Pankaj Kumar vs State Of Maharashtra & Ors on 11 July, 2008 Law Point: Charges or conviction can be quashed if the constitutional right to a speedy investigation and trial has been denied JUDGEMENT Leave granted. 2. This appeal arises from the final […]
Court: Allahabad High Court Bench: Justice Raghunath Kishore Rastogi Pankaj Mishra And Others vs State Of U.P. And Another on 17/5/2006 Amit Kumar , C.L. Pandey , P.K. Misra , Renu Rajat and Samit Gopal, Advocates For the appellant. Govt. Advocate and Kamal Krishna For the respondent. Law Point: Non compoundable case to be dropped when husband and wife settled dispute amicably […]
Court: Patna High Court Bench: JUSTICE RAKESH KUMAR Dhananjay Kumar Tiwary vs State Of Bihar & Anr on 20 September, 2010 Mr.Akhileshwar Prasad Singh, Adv. For the appellant. Mrs. Indu Bala Pandey, APP For the respondent. Law Point: Second complaint on same grounds, abuse of law. JUDGEMENT Rakesh Kumar,J. In compliance of the order dated 6.9.2010 learned counsel for the petitioners files […]
Court: Gujarat High Court Bench: JUSTICE AKIL KURESHI Vinodbhai vs State on 21 September, 2010 Law Point: Complainant left the company 14 years back of the accused, continuting 498A is abuse of process of law JUDGEMENT Petitioners are common in both the petitions. Original complainant, respondent No.2 is also common. Petitioner No.1 is the brother of […]
Court: Gujarat High Court Bench: JUSTICE AKIL KURESHI Akhileshwarsingh Arunkumar Singh Vs. State Of Gujarat on 22/09/2010 MR MATAFER R PANDE, Adv. For the appellant. MR KARTIK PANDYA, APP. For the respondent. Law Point: No case of dowry demand or cruelty as husband not part of any such incidents. Proceedings qua the husband quashed JUDGEMENT 1. Counsel for the petitioner stated that respondent no.2 […]