Court : Patna
..... 66 of 2007 at magadh medical college police station, gaya, under sections 498-a and 406/34 of the indian penal code and sections 3/4 of the dowry prohibition act in which on submission of the chargesheet, the chief judicial magistrate, gaya, had taken the cognizance of the offence under the aforesaid sections and had transferred the record to ..... and also with fine. in explanation appended to section 498-a of the indian penal code, not only the physical but the mental cruelty has also been included as an act of the offence. 11. in the case of shailendra kumar singh (supra), as relied upon by the learned counsel for the petitioners, a bench of this court relying on ..... area and partly in another or where an offence is a continuing one, and continues to be committed in more than one local areas or the offence consist of several acts done in different local areas, as per section 178 the court having jurisdiction over any of such local areas is competent to inquire into and try the offence. section .....
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..... required to validly attract commission of the offence under section 304 b i.p.c. and the presumption under law as contemplated under section 113 b of the evidence act which reads as such:- 304-b. dowry death:- (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise ..... of the case and completing investigation submitted charge sheet. consequently, the appellants faced trial for the offence under sections 304 b/34 i.p.c. and d.p. act.3. to substantiate charges the prosecution has examined altogether five witnesses besides following documentary evidence:- ext. 1- signature on written report of informant. ext. 2- signature of ..... -2013 both the appellants have preferred this appeal against their conviction for the offence under sections 304 b of indian penal code and section of the dowry prohibition act and sentenced to undergo r.i. for ten years and three months respectively for both the offences which are to run concurrently as awarded on 4th january, .....
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..... shall be deemed to have caused her death. explanation- for the purposes of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to ..... even if the prosecution has not been able to attract the provision as contemplated under section 304 b i.p.c. read with section 113 b of the indian evidence act both patna high court cr. app (sj) no.267 of 2001 dt.02-09-2013 7 reads as such:- 304-b. dowry death- (1) where the death of a woman ..... . 09-2013 both the appellants have preferred this appeal against the conviction for the offence under section 304 b, 201 i.p.c. and section 3 of the dowry prohibition act and sentenced respectively for r.i. ten years, five years and six months with fine of rs. 2,000/-, in default of which further s.i. for one and half .....
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..... as a house wife. the criminal prosecution filed by her under section-498a and 323 i.p.c. and section-3/4 of dowry prohibition act has been quashed by this court in cr. misc. no.18664/09. the persistent refusal of the respondent to even appear for reconciliation as attempted ..... magistrate at samastipur in which cognizance was taken under section-498a and 323 of i.p.c. read with section-3/4 of dowry prohibition act. we have not had the benefit of the plaint of the case but from the order in cr. misc. no.18664/09 it appears ..... she had not denied her company to the appellant. in conclusion, the family judge held that the respondent had not acted with any cruelty and there had been no desertion by her without reasonable cause. section-13(1)(a) of the hindu marriage ..... act provides for divorce on grounds of cruelty. section-13(1)(b) provides for desertion for a continuous period of not less .....
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..... by which and whereunder, he convicted the appellants for the offences punishable under sections-304(b), 498a of the indian penal code and section-4 of dowry prohibition act and accordingly, all the appellants were sentenced to undergo rigorous imprisonment for 10 years for commission of the offence punishable under section- 304(b)/34 of the indian ..... punishable under section-498a/34 of the indian penal code, to undergo rigorous imprisonment for one year for commission of the offence, punishable under section-4 of dowry prohibition act. however, all the sentences were ordered to run concurrently.2. in brief, prosecution case is that p.w. 12 namely, rajendra jha gave a written report ..... written report, neema chandpura p.s. case no. 20 of 1991 under sections- 304(b), 498a of the indian penal code and 3/4 of dowry prohibition act was registered and, accordingly, formal fir for the above-said offences against the appellants was drawn up. the matter was investigated by the i.o. and after completion .....
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..... by way of rebutting the evidence followed with presumption in terms of section-113 (b) of the evidence act. in case, the rebuttal is not properly discharged, then in that event, the presumption will go against him and in the aforesaid background he will have ..... death. 12. it is also apparent from the aforesaid judgment suresh kumar v. state of haryana (supra) that application of section 113 (b) of the evidence act permitting presumption, however, rebuttable is applicable only in case the prosecution discharges its obligation in allegoric and legal manner whereupon the accused is found under obligation to discharge ..... kumari escaped from her sasural and for that also examined dw. 5. it has been submitted on behalf of the appellant that the learned trial court had acted in a mechanical manner without appreciating the fact that prosecution could not be able to substantiate its case. to suggest the same, it has been submitted that .....
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..... is not synonymous with the term immediately before? and is opposite of the expression soon after? as used and understood in section 114, illustration (a) of the evidence act. these words would imply that the interval should not be too long between the time of making the statement and the death. it contemplates the reasonable time which, as ..... death, and such husband or relative shall be deemed to have caused her death. thus, the words soon before appear in section 113b of the indian evidence act, 1872 and also in section 304b of the indian penal code. for the presumptions contemplated under these sections to spring into action, it is necessary to show that the ..... maidan p. s. case no.308 of 2007 was registered under section 304b, 201, 498a of the i.p.c. and section 3/ 4 of d. p. act and proceeded for investigation. after concluding the same, charge sheet was submitted followed with commencement of trial which ultimately met with conviction and sentence of appellant, the subject matter .....
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..... learned advocate of the appellant is that the claimant is entitled to receive compensation under no fault liability and for that, the claimant is not required to prove the negligent act of the driver. i am of the view that the argument of the learned advocate of the appellant has got some merit and, therefore. i hold that although for ..... grant of compensation under section 166 of the motor vehicle act, the claimant has to prove the act of rash and negligent driving of the driver of the vehicle but for grant of compensation under no fault liability as provided under section 140 of the ..... motor vehicles act, it is not at all necessary to prove the rash and negligent driving of the driver of the vehicle. i, therefore, hold that the claimant, is entitled for .....
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..... department was justified in imposing interest thereon for the period may, 1999, to october, 1999 prior to the service of the demand notices under section 156 of the act on the assessee-petitioner, if the order of the settlement commission is clear and has determined the amount of tax and interest and the same is served upon the ..... notice after giving credit to the prepaid taxes. the department issued demand notices (annexures 7 series) to pay tax and interest charged under section 245d(6a) of the act for the period may 1999, to october 1999. 3. it appears that the assessee-petitioner has paid the entire tax along with the interest amounting to rs. 6, ..... by the deputy commissioner of income-tax, circle-2(1), patna, (respondent no. 4), with regard to charging interest under section 245d(6a) of the income-tax act, 1961 (for short 'the act') for the period may, 1999, to october 1999, as well as for quashing the order passed by the assistant commissioner of income-tax, circle 1, patna (respondent .....
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..... commission.6. therefore, it appears that both the clauses have to be read together. it is to be noticed from section 2, clause (9) of the bihar college service commission act, 1976, quoted above, that names of two persons arranged in order to preference and considered by the commission shall be recommended. section 2, clause (10) says only with respect to ..... body to appoint any of the two recommended persons. in support of the submission learned counsel drew my attention to section 2, clause (10) of the bihar college service commission act, 1976, which reads as follows : section 2(10).--in making any such appointment the governing body of the college shall, within three months from the date of the receipt of .....
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