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Articles for 498A, search results for supreme

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 days, 7 hours ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Supreme Court Court Cruelty Injury 498A Ipc Appellants
Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court
Trending News
4 days, 1 hour ago

Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court

Live Law  

Once again expressing concerns about the misuse of domestic violence and dowry laws by disgruntled wives, the Supreme Court cautioned women not to abuse the laws which are meant for their protection. The Court observed that more often than not, provisions like Section 498A, 376, 377, 506 are invoked as a "combined package" to pressurise the husband to accede to …

Women Supreme Court Court Hindu Section 498A Ipc His Family
Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
1 week ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law  

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

India Karnataka Justice Kerala Delhi Supreme Court High Court
S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
1 week, 1 day ago

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

Live Law  

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. In this case, …

Family Supreme Court Cases Cruelty Case Marital Disputes Family Members
Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
Trending News
1 week, 4 days ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law  

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

Supreme Court Court Cruelty Section 498A Ipc Complaint Husband
Cruelty law being misused for personal vendetta against husband: Supreme Court
1 week, 5 days ago

Cruelty law being misused for personal vendetta against husband: Supreme Court

India Today  

The Supreme Court has warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a "tool to unleash personal vendetta". The court said the introduction of Section 498 was aimed at stopping cruelty inflicted on a woman by her husband and his family, by …

Family Supreme Court Court Cruelty Case His Family Husband
Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court
1 week, 5 days ago

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court

India Today  

The Supreme Court on Tuesday said courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members observing a tendency to implicate husband's kin. The top court, therefore, said courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment …

Family Court Section 498A Ipc Fir Members His Family
S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
1 week, 6 days ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law  

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

Family Supreme Court Court Cruelty Case State 498A
Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering
1 month, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate the persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Law Crime Justice Legal New Delhi
Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering
1 month, 3 weeks ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Law Crime Justice Legal New Delhi
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Supreme Court Court Criminal Allegations Criminal Proceedings Case State
The Complete Supreme Court Annual Digest- 2023 [Part-XV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Live Law  

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

India Society Karnataka Tamil Nadu Kerala Delhi Supreme Court
Supreme Court Monthly Round-Up: December 2023
11 months, 3 weeks ago

Supreme Court Monthly Round-Up: December 2023

Live Law  

Citations: 2023 LiveLaw 1026 To 2023 LiveLaw 1071 Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw 1025 Pavnesh Kumar v. Union of India 2023 LiveLaw 1026 Manoranjan Rout v. State of Odisha 2023 LiveLaw 1028 Madhavan Through Lrs. Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of …

Social Media India Justice Tamil Nadu Kerala Delhi Supreme Court
Mediation Sensitization Programme For The Police Officers Of Women Safety Wing - State Of Telangana
1 year, 6 months ago

Mediation Sensitization Programme For The Police Officers Of Women Safety Wing - State Of Telangana

Live Law  

22nd -23rd May, 2023, marked the two day Mediation Sensitization Programme organized by the International Arbitration and Mediation Centre Hyderabad, in collaboration with Telangana Police, for the Police Officers of Women Safety Wing - State of Telangana. To deal with complaints u/s 498A IPC, the police officers must effectively communicate, be empathetic and credible and ask open ended questions to …

Safety Women Dispute Mediation Victim Disputes Telangana
Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
1 year, 10 months ago

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

Live Law  

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court observed that the conviction under Section 498-A IPC …

Marriage Court Sustainable Conviction Case Ipc Conviction U
Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
1 year, 11 months ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

India Karnataka Odisha Kerala Delhi Evidence Uttar Pradesh
Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?
2 years ago

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?

Firstpost  

A bench of justices S Ravindra Bhat and Sudhanshu Dhulia overturned the Madhya Pradesh High Court order, citing multiple dying declarations. It noted that the man was not named in the first declaration alleging cruelty relating to dowry but was named in the second one New Delhi: The Supreme Court on Monday set aside the conviction of a man accused …

Court Conviction 498A Section 498A Ipc High Madhya Pradesh
Supreme Court Half Yearly Round-Up -[January To June]
2 years, 2 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

India Supreme Court High Court Constitution High Courts Court Uttar Pradesh
Supreme Court Half Yearly Digest (Jan - Jun) Indian Penal Code, 1860
2 years, 2 months ago

Supreme Court Half Yearly Digest (Jan - Jun) Indian Penal Code, 1860

Live Law  

Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw …

India Karnataka Supreme Court High Court Bihar Court Uttar Pradesh
Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 4 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Odisha Kerala Uttar Pradesh Evidence Act State Section 498A Ipc
A case of the court straying into the legislative sphere
2 years, 6 months ago

A case of the court straying into the legislative sphere

The Hindu  

Recently, the Allahabad High Court, while allowing two criminal revisions pertaining to a dowry case, took cognisance of the misuse of Section 498A of the Indian Penal Code, proposed certain safeguards and directed the State authorities of Uttar Pradesh to take the necessary steps for their implementation in a given time period. Strangely enough, the High Court specifically mentioned in …

Law Judgment Court Case Ipc High Arrest
Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments
2 years, 6 months ago

Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments

Live Law  

Taking 'guidance' from the judgment of the Supreme Court in Social Action Forum for Manav Adhikar Vs. Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints.,Apparently, the Supreme Court judgment which guided the High Court, had declared that such directions are impermissible.The Supreme Court in. Taking 'guidance' from …

Family Welfare Action Court Direction Ipc Committee
Supreme Court Monthly Criminal Digest- May 2022
2 years, 6 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

India Kerala Delhi Trial Evidence Court Domestic Violence
Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
2 years, 7 months ago

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Live Law  

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter …

Death Evidence Court Evidence Act Respect Charge 498A