Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 4 penalty for demanding dowry Court: jharkhand Page 1 of about 49 results (0.154 seconds)

Vivek Rai, Vs. State of Jharkhand and Sunita Rai

Court : Jharkhand

Reported in : 2008(57)BLJR129; 2009CriLJ57

..... the criminal proceeding pending in the court below is dismissed and it is held that after the enactment of the amendment in the central law i.e. dowry prohibition act, 1961 by act 63 of 1984, now there is no requirement for taking prior sanction of the state government or such officer as the state government may, by general ..... government may, by general or special order, specify in that behalf should be obtained before initiating any prosecution under section 4 of the dowry prohibition act 1961. such amendment was given effect to from 20/01/1976. the supreme court held that the prosecution having been launched under section 4 of the ..... examine the relevant provision of law in this regard.11. the dowry prohibition act, 1961, i.e. act 21 of 1961 has been enacted by the parliament. originally section 4 of the said act was as under before amendment:penalty for demanding dowry- if any persons, after the commencement of this act, demands, directly or indirectly, from the parents or guardian of .....

Bindu Sao Vs. State of Jharkhand

Court : Jharkhand

..... years and 3 month in custody. he would thus have already undergone the period of punishment for section 498a ipc. thus his sentence for section 4 of the dowry prohibition act, 1961,remains. it seems that he has already spent an additional 3 months,hence keeping that he has already undergone some custody, faced the vigor of trial and had ..... years with fine of rs.5000/- and if any default of payment of fine is made, he shall further undergo six month r.i under section 4 of the dowry prohibition act 1961. both the sentences have been ordered to run consecutively. it is further directed that fine amount, if paid, shall be given to the victim lady. 2 2. ..... any property or valuable security or is on account failure4 by her or any person related to her to meet such demand. section 4 of the dowry prohibition act, 1961 reads as :- 4. penalty for demanding dowry:- if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be .....

Simtaz Khan Vs. State of Jharkhand

Court : Jharkhand

..... petitioner for the offence punishable under section 498 a is set aside while the conviction of revision petitioner for the offence punishable under section 4 of dowry prohibition act, 1961 is maintained but the sentence is modified to the period in custody already undergone by the revision petitioner. in view of the modification of sentence as ..... further it was submitted that the materials available in the record is insufficient to bring home the charges for the offence punishable under section 4 of the dowry prohibition act, 1961. hence, it is submitted that the judgment of conviction and order of sentence be set aside.8. learned additional public prosecutor on the other hand ..... for one year and to pay fine of rs.1000/ . the petitioner has also been found guilty for the offence punishable under section 4 of dowry prohibition act, 1961 and sentenced to undergo rigorous imprisonment for six months. 2. the case of the prosecution is that the informant married the petitioner as per the muslim .....

Gautam Joshi and ors. and Praful Joshi and ors. Vs. State of Jharkhand ...

Court : Jharkhand

Reported in : [2003(3)JCR602(Jhr)]

..... by the father of the bridegroom, petitioner no. 1. and the complainant. thus, the said document is a valuable security to attract definition of dowry as defined in the dowry prohibition act, 1961.8. ring ceremony was performed at jamshedpur with the expenses regarding accommodation, feast, breakfast, gifts at the cost of the complainant/o.p. no ..... . petitions, learned counsel for the o.p. no. 2 has argued that section 4 of the dowry prohibition act, 1961 has been amended by the central act in 1984 and bihar amendment act, 1976. in view of the central act, 1984, law made by the parliament will prevail and law made by the state legislature shall be ..... of this fact, no prior sanction is now necessary for taking cognizance of the offence under section 4 of the dowry prohibition act.5. section 4 of the dowry prohibition (amendment) act, 1984 provides that, 'penalty for demanding dowry, if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or .....

Nasim Parvez and ors. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2004(2)BLJR1303; 2004CriLJ3433; II(2005)DMC428; [2005(2)JCR535(Jhr)]

..... 4 of the dowry prohibition act, 1961. such amendment was given effect to from 20.1.1976. the prosecution having been launched under section 4 of the dowry prohibition act alongwith other offences on 2.3.1994, such prosecution under the dowry prohibition act without sanction is not permissible. cognizance of. offences under section 4 of the dowry prohibition act is, therefore, ..... is not in a position to rebut the submission made by the learned counsel for the petitioners. taking into consideration the amended provision of dowry prohibition act and the ratio decided by the supreme court quoted herein above, i have no option but to quash the impugned order of cognizance passed ..... provision of the act. the apex court observed:'the limited question on which the notice was issued is to the effect whether previous sanction is required to be taken from the appropriate authority before , taking cognizance for offences under sections 3 and 4 of the dowry prohibition act of 1961. it appears that .....

Shyam Sunder Gupta Vs. State of Jharkhand and ors.

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 .....

V.P. Dhanesh Vs. State of Jharkhand

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 .....

Kanhai Dhibar Vs. the State of Jharkhand

Court : Jharkhand

Reported in : 2007(1)BLJR808; [2007(4)JCR635(Jhr)]

..... passed by the learned trial court against the appellant for the offences under sections 304b, 498a of the indian penal code and also under section 3/4 of the dowry prohibition act.13. consequently, this appeal is allowed and the conviction and sentence passed against the appellant by the trial court are hereby set aside. the appellant, who is in ..... the learned trial court convicted the appellant for the offence under sections 498a and 304b of the indian penal code as well as under section 3/4 of the dowry prohibition act. the appellant was sentenced to undergo r.i. for life for the offence under section 304b of the indian penal code, r.i. for a period of three ..... of the indian penal code, r.i. for a period of two years for the offence under section 3 of the dowry prohibition act and r.i. for a period of six months for the offence under section 4 of the dowry. prohibition act. however, all the sentences were ordered to run concurrently.2. prosecution case, in short, is that informant's sister .....

Sujit Kumar Roy Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : 2004(2)BLJR1118; 2004CriLJ3693; II(2004)DMC477

..... father of the girl died and the whole responsibility had been shifted on the informant. thus, the charge under section 4 of the dowry prohibition act is proved.moreover, under section 8a of the dowry prohibition act, the burden of proving that he did not commit the offence, is on him. this burden has not been discharged by the ..... error in appreciation of evidence appears to have been committed by courts below.4. in law, point raised was that for conviction under section 4 of the dowry prohibition act, sanction was required and as there was no sanction, conviction could not have been made for the offence under that section. earlier there was an amendment ..... 420 and 120b, ipc and sentenced him to undergo r.i. for three years on each count, besides the revisionist was also convicted under section 4 of the dowry prohibition act and sentenced to undergo r.i. for one year. against those convictions and sentence, the revisionist had preferred an appeal. the appellate court acquitted him of the .....

Saranan Chattopadhyaya Vs. State of Bihar (Now Jharkhand) and anr.

Court : Jharkhand

Reported in : 2006CriLJ921; I(2006)DMC663; [2006(1)JCR101(Jhr)]

..... of rajesh kumar kejriwal and ors. v. state of bihar and anr., reported in : (1997)10scc524 , submitted that the cognizance taken under section 4 of the dowry prohibition act was absolutely bad-in-law in view of the bihar amendment of 1976, whereby obtaining of sanction was a condition precedent for taking cognizance for the offence under section ..... petition for discharge holding that there was prima facie evidence on record to frame charge under section 420 of the indian penal code and section 4 of the dowry prohibition act.7. on behalf of the petitioner a specific point was raised that in view of bihar amendment which came into force in 1976, no cognizance could ..... magistrate, dhanbad, against the petitioner and one budha dev banerjee for commission of the offence under section 420 of the indian penal code and section 4 of the dowry prohibition act, which was registered as c.p. case no. 268 of 1995.3. in the complaint petition, it was alleged that the complainant-opposite party no. 2, .....