Court : Rajasthan
Reported in : RLW2006(3)Raj2451
..... before her death' bride was subjected to cruelty or harassment 'for or in connection with the demand of dowry'.issue no. 15. the expression 'dowry' is defined by section 2 of the dowry prohibition act, 1961 (for short 'the act'), as meaning anything which is given either directly or indirectly, by one party to a marriage to the ..... haryana : 1998crilj1144 , by their lordships of supreme court and it was observed as under:demand for dowry neither conceives nor would conceive or any agreement. the word 'agreement' referred to in section2 of the dowry prohibition act, 1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only ..... in satvir singh v. state of punjab : 2001crilj4625 , propounded as under:the word 'dowry' in section 304-b has to be understood as it is defined in section2 of the dowry prohibition act, 1961. thus, there are three occasions related to dowry. one is before the marriage, second is at the time of marriage and the third .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2864
..... that the deceased was drived to such a situation by her husband that she decided to commit suicide.6. the expression 'dowry' is defined by section 2 of the dowry prohibition act,1961 (for short 'the act'), as meaning anything which is given either directly or indirectly, by one party to a marriage to the other party to ..... haryana : 1998crilj1144 , by their lordships of supreme court and it was observed as under:demand for dowry neither conceives nor would conceive of any agreement. the word 'agreement' referred to in section 2 of the dowry prohibition act,1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only ..... court in satvir singh v. state of punjab : 2001crilj4625 , propounded as under:the word 'dowry' in section 304b has to be understood as it is defined in section 2 of the dowry prohibition act, 1961. thus, there are three occasions related to dowry. one is before the marriage, second is at the time of marriage and the third is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj92
..... by the police. it was only after their 'titamba bayan' ihat the name of prema was added.6. the expression 'dowry' is defined by section 2 of the dowry prohibition act, 1961 (for short 'the act'), as meaning anything which is given either directly or indirectly, by one party to a marriage to the other party to the ..... 1998crilj1144 , by their lordships of supreme court and it was observed as under: (para 16)demand for dowry neither conceives nor would conceive of any agreement. the word 'agreement' referred to in section 2 of the dowry prohibition act, 1961 has to be inferred on the facts and circumstances of each case. the interpretation that conviction can only be ..... court in satvir singh v. state of punjab : 2001crilj4625 , propounded as under:the word 'dowry' in section 304b has to be understood as it is defined in section 2 of the dowry prohibition act, 1961. thus, there are three occasions related to dowry. one is before the marriage, second is at the time of marriage and the third is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3506
..... such husband or relative shall be deemed to have caused her death.explanation.- for the purpose of this subsection, '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 ..... evidence. that could be either direct or indirect. it is significant that section 4 of the act, was also amended by means of act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other relatives or guardian of a bride. the word 'agreement' referred to ..... refers to the demand of property or valuable security as referred to in, the definition of 'dowry' under the act. the argument that there is no demand of dowry, in the present case, has no force. in cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2609; 1998(3)WLC591
..... above mentioned order the learned additional chief judicial magistrate took cognizance of the offence under section 498a, i.p.c. and under section 4 of the dowry prohibition act on the basis of the final report submitted by the police after conducting investigation relating to first information report no. 160/88 which was registered at police ..... consideration the evidence the learned additional chief judicial magistrate took cognizance of the offence under section 498a, i.p.c. and under section 4 of the dowry prohibition act and directed the issue of process against four accused persons.7. feeling aggrieved by the order dated 8-8-1990 all the four accused persons filed ..... the compromise dated 18-10-1988 the learned additional chief judicial magistrate observed that offence under section 498a, l.p.c. and under section 4 of the dowry prohibition act are not compoundable, therefore, compromise dated 18-10-1988 does not have the effect of entitling the accused to any relief on the basis of that .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
..... 2004) 4 scc 470, the hon'ble supreme court considered the provisions of dowry prohibition act, 1961, the provisions of section 304-b ipc as well as section 113-b of the evidence act and held as under:11. a conjoint reading of section 113-b of the evidence act and section 304-b ipc shows that there must be material to show ..... clear that financially the accused appellant was well placed, whereas the parents of the deceased were not that much comfortable financially, therefore, there was no question to demand dowry by accused from, them, he further contended that brother of the deceased was residing with accused for his education and her grandmother resided with them for her medical treatment ..... any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under section 113-b of the evidence act. the expression 'soon before her death' used in the substantive section 304-b ipc and section 113-b of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1794; RLW2006(3)Raj2090; 2006(2)WLC529
..... violence has also been covered under the indian penal code by recent amendments. there are special laws like commission of sati prevention act, 1987, dowry prohibition act, 1961, immoral trafficking prevention act, 1956 and medical termination of pregnancy act, 1971 dealing with crimes against women. there are various statutory and non-statutory bodies to take care of women's right, ..... of muscle power money enters in such jati panchayat and exploits the situation for their benefits monetary or otherwise. if such cases are closely analysed, the act constitutes an offence of kidnapping for ransom etc. punishable under section 364-a, i.p.c. people do not have a courage to stand against the ..... choice and a panchayat was convened for taking vengeance. in the panchayat the father of the girl citing the example of the present incident refused to act on the instructions of the panchayat and the girl is living happily with her husband.9. after having noticed the cruel inhuman behaviour of the caste .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1345; I(1995)DMC350; 1994(2)WLN653
..... her death. the explanation appended to section 304b says that for the purposes of sub-section (1) 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. by the same amendment act, section 113b has also been inserted in evidence act. it deals with the presumption as to dowry death and proclaims that when the question is whether a person has committed ..... 'dowry death' of a woman and it is shown that soon before her death, 'such woman had been subjected .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1998)DMC118
..... caused her death. the explanation appended to section 304b, ipc proclaims that for the purposes of this sub-section (1), 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. in the instant case, as per the prosecution case, admittedly smt. beena wa6 married to appellant surya prakash on 5.3 ..... , lays down that for the purpose of sub- section (1) 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. by the aforesaid amendment act, section 113b has been inserted in the evidence act. it deals with the presumption as to dowry death and proclaims that when the question is whether a person has committed ..... 'dowry death' of a woman and it is shown that soon .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ309; 1991(1)WLN44; 1991(2)WLN242
..... parents of the bride at the time of marriage or subsequent thereto.8. section 2 of the dowry prohibition act, 1961 (hereinafter to be referred as 'the act') defines the term 'dowry' as under:section 2 definition of 'dowry' :-- in this act 'dowry' means and property or valuable security given or agreed to be given either directly or indirectly --(a ..... purturbed by the pathotic condition of the victim of the system have atleast fear of suffering penal consequences. the legislature, as such enacted the dowry prohibition act, 1961 and introduced subsequent amendments in the provisions thereof to help the hapless weaker section of the society i.e. the women folk from the torture ..... relative shall be deemed to have caused her death.explanation -- for the purpose of this sub-section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but .....
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