Court : Andhra Pradesh
Reported in : 2008(2)ALD(Cri)332; 2008(3)ALT(Cri)63; 2008CriLJ4092
..... accused for the same.18. in the circumstances, the conviction of the revision petitioner/a-1 for the offences under sections 498a ipc and section 4 of the dowry prohibition act and the sentence of rigorous imprisonment for one year and fine of rs. 500/- on each count imposed by the magistrate which were confirmed by the learned sessions ..... 2 and a-3 not guilty of the offences and acquitted them, but, however, convicted a-1 for the offences under sections 498a ipc and section 4 of the dowry prohibition act and imposed sentence of rigorous imprisonment for one year and fine of rs. 500/- on each count. aggrieved by the same, a-1 filed crl.a. no. ..... and sessions judge (fast track court), ananthapur, wherein the conviction of the revision petitioner/a-1 for the offences under sections 498a ipc and section 4 of the dowry prohibition act and sentence of rigorous imprisonment for one year and fine of rs. 500/- on each count, as imposed by the learned judicial magistrate of the first class, guntakal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006CriLJ2978
..... second respondent was suffering from mental agony. a case in cr. no. 128 of 2000, under sections 498a, 406, ipc and sections 3 and 6 of the dowry prohibition act, was registered l.ws. 1 to 6 were examined and their statements were recorded. thereafter, the present charge-sheet was filed against the petitioner herein for the offences ..... version and since the order of the civil court is binding on the criminal court, the ingredients of sections 498a, 406, ipc and sections 3 and 6 of the dowry prohibition act are not attracted. learned counsel would place reliance on v.m. shah v. state of maharashtra : air1996sc339 , in this regard.4. sri a. ravinder, learned counsel ..... section 482, cr. p.c. taking the allegations in the charge-sheet as true, it cannot be said that the ingredients of sections 3 and 6 of the dowry prohibition act and section 406, ipc are not attracted.12. insofar as the question of limitation is concerned, smt. t.v. sridevi, learned counsel for the petitioner, would submit .....
Tag this Judgment!Court : Allahabad
Reported in : II(2004)DMC1
..... has to frame three charges, first under section 304b of indian penal code, second under section 306, indian penal code and the third under sections 3/4, dowry prohibition act.21. section 227 of cr.p.c. contemplates that 'if upon consideration of the record of the case and the documents submitted therewith, and after hearing the ..... order was passed on 23.11.1998 that there was sufficient prima facie evidence to frame charge under sections 498a, 304b, indian penal code and section 3/4, dowry prohibition act and date was fixed for framing charge.8. aggrieved there from the accused preferred criminal revision no. 1997 of 1998 dr. hemant kumar taneja v. state of ..... that there was sufficient evidence to presume that the accused hemant kumar taneja committed offence under sections 498a, 304b, indian penal code and sections 3/4, dowry prohibition act and 30.11.1998 was fixed for framing charges under these sections.2. by impugned order dated 21.8.1999 subsequently the accused hemant kumar taneja was .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR909; I(2005)DMC549; [2005(3)JCR456(Jhr)]
..... , the prayer is rejected. however, petitioner's advocate submitted that in this case cognizance has also been taken under sections 3 and 4 of the dowry prohibition act besides other sections of the penal code. so far as dowry prohibition act is concerned, sanction is must and that has not been obtained. counsel for the opposite party submitted that sanction may be obtained subsequently also. however ..... by amendment made in the year 1984 by central government,the provision for obtaining sanction was deleted but bihar government had madean amendment in dowry prohibition act, 1976, whereby provision was madethat for prosecution under section 4 of the dowry prohibition act, sanction isrequired but in the instant case no sanction has been obtained. in this connectionlearned counsel cited a number of case laws such as .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2003)DMC82; [2003(2)JCR707(Jhr)]
..... the complainant in various ways. this fact has consistently been supported by the witnesses examined before the charge as well.7. the 'dowry' has clearly been defined under section 2 of the dowry prohibition act, 1961, which means any property or valuable security given or agreed to be given either directly or indirectly by one party to a ..... . v. the state of bihar and ors., 1992 (2) pljr 560, that sanction does not require for constituting the offence under section 4 of the dowry prohibition act. it is further submitted that the witnesses examined before the court below have started torturing of the complainant due to non-fulfillment of the demand.6. from ..... , this revision.4. the learned, counsel, appearing on behalf of the petitioner, at the very outset, submitted that no offence under section 4 of the dowry prohibition act is made out and the court below committed error for taking cognizance of the said offences without sanction, which is mandatory prior to taking cognizance. it is also .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR177; 2004CriLJ1036; I(2004)DMC727; [2003(4)JCR288(Jhr)]
..... any age.' the word 'woman' has also been used under sections 304b and 376, ipc.7. there is nothing in the dowry prohibition act, 1961, to import the definition of bride or bridegroom from ipc or any other act and to construe these words as per the definition of ipc and bring 'bride' within the definition of a 'woman' as ..... statements made in the fir itself. then the second question is whether there is any offence committed under section 4 of the dowry prohibition act? section 4 of the dowry prohibition act reads as follows :--'4. penalty for demanding dowry.--if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bridge or bridegroom, as ..... 19.5.2003, whereby cognizance of the offence was taken by the chief judicial magistrate, seraikella, under section 498a, ipc and under section 3 and 4 of the dowry prohibition act in connection with adityapur p.s. case no. 230/02, g.r. case no. 773/02, now pending in the court of sdjm, seraikella.2. in this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC67; 1995CriLJ4184; I(1996)DMC131SC; 1995(5)SCALE94; (1995)6SCC219; [1995]Supp3SCR177
..... in some.2. the highly injurious and deleterious effect on the girl, her parents and the society at large required legislative interference. it started with enactment of the dowry prohibition act, 1961, containing some penal provisions also. but as the evil could not be taken care of by this soft statute, the penal code was amended first by inserted chapter ..... in any case. this view was taken because as per the explanation to sub-section (1) of section 304-b, the word 'dowry' has the same meaning as in section 2 of the dowry prohibition act, 1961. the learned trial court noted in this connection the judgment of learned single judge of delhi high court in inder sain and anr. v ..... . the state :(1981) cri. l.j. 1116, in which it was held that to constitute dowry the valuables demanded or given must be as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199
..... 'dowry', while section 5 is a significant provision making agreement for giving or taking ..... of such property under section 27 of the marriage act. property presented to the husband and wife at or about the time of marriage belongs to them jointly.13. the dowry prohibition act, 1961 (in short the 'dowry act') was introduced to combat the ever-increasing menace of dowry. the avowed object is prohibition on giving and taking of dowry. section 2 defines 'dowry'. section 4 provides the penalty for demanding .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC785; 2005(1)ALD(Cri)575; 2005(1)BLJR311; 2005CriLJ1418; I(2005)DMC321SC; JT2005(2)SC218; (2005)2SCC388; 2005(1)LC390(SC)
..... seven years, presumption arises when a woman committed suicide within a period of seven years from the date of marriage.13. section 2 of the dowry prohibition act, 1961 (in short 'dowry act') defines 'dowry' as under:-section 2. definition of 'dowry' - in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly -(a) by one party to a marriage to ..... ' and such husband or relative shall be deemed to have caused her death.explanation - for the purpose of this sub-section 'dowry' shall have 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 imprisonment for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1933; 2004(1)ALD(Cri)642; 2004CriLJ1791; I(2004)DMC586SC; JT2004(3)SC560; 2004(3)SCALE339; (2004)4SCC470
..... of failure by her or any person related to her to meet such demand.'7. the term 'dowry' has been defined in section 2 of the dowry prohibition act, 1961 (in short 'dowry act') as under:-'section 2, definition of 'dowry' - in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly -(a) ..... or relative shall be deemed to have caused her death.explanation - for the purpose of this sub-section 'dowry' shall have 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 ..... is not always necessary that there be any agreement for dowry.10. section 113b of the evidence act is also relevant for the case at hand. both section 304b ipc and section 113b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing .....
Tag this Judgment!