Court : Supreme Court of India
Reported in : (1994)2SCC40
..... 1. this is an appeal by way of public interest litigation. the second respondent, subhash chander bhasin, was sought to be prosecuted under the provisions of dowry prohibition act, 1961. the learned judicial magistrate having examined the complaint discharged the accused on the ground that the demand of the scooter made on march 15, 1979 is not ..... dowry within the meaning of section 2 of the dowry prohibition act. a revision was filed against the same in the high court and the same was dismissed. hence the present appeal.2. having ..... , other articles are appeared to have been given. the demand for the scooter continued subsequent to the marriage. the definition of dowry as it stood prior to amendment explains the meaning of dowry thus:dowry means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)DMC53SC; JT2004(10)SC538; 2004(9)SCALE520; (2005)9SCC113
..... of police completed the investigation and laid the charge sheet against the accused under sections 498a, 304b read with 302 ipc and section 4 of dowry prohibition act, 1961 (in short the 'dowry act')7. in order to substantiate its accusations prosecution examined 17 witnesses. on completion of evidence tendered by the prosecution, the accused persons were questioned ..... and 304. the provisions contained in section 304b ipc and section 113b of the evidence act were incorporated on the anvil of the dowry prohibition (amendment) act, 1984, the main object of which is to curb the evil of dowry in the society and to make it severely punitive in nature and not to extricate husbands ..... of depression, deceased committed suicide.9. in the appeal before the high court primarily two questions were raised. firstly, there was no evidence of any dowry demand and secondly, the so-called dying declaration is not believable. the state re-iterated its stand taken before the trial court that evidence is clear .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)10SCC524
..... 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 20-1-1976. the prosecution having been launched under section 4 of the dowry prohibition act along with 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, quashed. it will, however, be open to the respondents to initiate proceedings under the said .....
Tag this Judgment!Court : Delhi
Reported in : 1990CriLJ1591; I(1990)DMC416
..... criminal procedure, seeking quashment of the complaint pending before the metropolitan magistrate under s. 4 of the dowry prohibition act, 1961 (for short 'the act'). it has been pleaded by the petitioners that the said offence punishable under s. 4 of the act cannot be taken cognizance of as the same is barred by limitation. 2. the facts of the case ..... limitation would start running only from the date the last demand for the said items of dowry was made and calculating the limitation from that date, the complaint was filed well within time. 5. s. 7 of the act (before amendment) prohibits the court from taking cognizance of an offence except on a complaint made within one year ..... on the face of it the complaint filed being well within one year from that date is not barred by limitation. 6. s. 2 of the unamended act defined 'dowry' as any property or valuable security given or agreed to be given either directly or indirectly ...... at or before or after the marriage as consideration for the .....
Tag this Judgment!Court : Delhi
Reported in : I(2008)DMC442
..... fifty thousand only) shall be handed over to petitioner no. 2 at the time of quashing of fir no. 30/07, under section 498a/406/34 ipc and 3/4 dowry prohibition act, ps bhajanpura and fir no. 659/06, under section 323, 506, 34 ipc ps anand vihar, before hon'ble high court.it has been further agreed between us that petitioner ..... the first party and his family members in case fir no. 30/2007 of p.s. bhajanpura, delhi under section 498a/406/34 ipc read with section 3/4 of dowry prohibition act.(b) rs. 4,00,000/- (rupees four lacs only) before the hon'ble court at the time of recording of the joint statement of second motion of divorce by mutual ..... read with section 482 cr.p.c., the petitioners sought quashing of the fir no. 30 of 2007 under section 498a/406/34 ipc read with section 3/4 of dowry prohibition act registered with police station bhajanpura, delhi and quashing of another fir bearing no. 659 of 2006 under sections 323/506/34 ipc registered with police station anand vihar, delhi.2 .....
Tag this Judgment!Court : Delhi
Reported in : 1984(2)Crimes584; 26(1984)DLT480; 1984(7)DRJ317; 1984RLR697
..... demand made at jullundur. by and order of december 20, 1982, the court found sufficient grounds to proceed against all the accused persons under section 3 of the dowry prohibition act, 1961 and directed them to be summoned. on a preliminary objection with regard to the lack of jurisdiction, the metropolitan magistrate, who' was then seized of the matter ..... -in-law, is directed against proceedings in a complaint filed by the wife's father against them for offences ''under section 2 and 3' of the dowry prohibition act, 1961 and the order of the learned additional sessions judge reversing in revision the order of the trial court by which the trial court dismissed the complaint on the ..... and were said to have been satisfied. it was further urged that the post-marital demands would be outside the mischief of the expression 'dowry', as defined in section 2 of the act, and could, if at all, attract the penal provision of section 4, a complaint of which is not maintainable without the prior sanction .....
Tag this Judgment!Court : Delhi
Reported in : 1991(20)DRJ364
..... 1983. gursharan kaur filed a complaint against her husband gurdarshan singh and her two parents-in-law who are the present petitioners, under section 6 of the dowry prohibition act, 1961 ('the act' for short). it was alleged by her that her parents had given a number of household articles and jewellery and some cash in installments to the three ..... accused persons, namely her husband, gurcharan singh, and her both parents-in-law at the time of her marriage. the three accused persons made demands for giving cash as dowry ..... accused persons. it is worthwhile to mention the premise on which the learned magistrate declined to summon the two accused persons/petitioners he has observed that the dowry is in consideration of marriage and means handing over of certain property by one party to the marriage to the other party to the marriage and that, .....
Tag this Judgment!Court : Kerala
Reported in : 2005CriLJ974; 2005(1)KLT61
..... for the offence punishable under section 304b having been committed by the accused/appellants. therefore, there is no reason for interference, the public prosecutor submits.9. dowry has been defined under section 2 of the dowry prohibition act, 1961. it means any property, as well, agreed to be given, at or before or any time after the marriage in connection with the marriage of the ..... parties. therefore, the property said to be demanded comes within the term 'dowry' as defined in the said act to attract the provisions of section 304b i.p.c .....
Tag this Judgment!Court : Karnataka
Reported in : II(2003)DMC84; 2002(4)KarLJ406
..... acquitted, money and the property continues to remain with the husband or the husband's family. this is not in consonance with the provisions of section 6 of the dowry prohibition act. we had requested the learned advocates to ascertain as to whether it would be justifiable even in a case where the accused are acquitted for the court to issue ..... appropriate directions with regard to the property that has passed hands under section 6 of the dowry prohibition act. where the case has ended in a conviction there can be no difficulty but the learned advocates inform us that this is an angle of the law which ..... certain amount of money or property has changed hands at the time of the marriage or thereafter and that this would have to be construed as dowry, then section 6 of the dowry prohibition act will clearly apply and it is within the powers of the court to direct that this amount be restored either to the family of the deceased .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD(Cri)725; 2006CriLJ3799; I(2007)DMC297
..... of that case are that the complainant filed the complaint in the magistrate court alleging commission of offence punishable under section 498a, 406 i.p.c. and section 4 of dowry prohibition act and the magistrate directed the police to investigate and after investigation charge sheet was filed by the police, then the accused filed an application under section 492 cr. p.c ..... held that the cruelty simpliciter is now a ground for divorce under section 13 of the hindu marriage act. the apex court at paragraph 10 clearly observed that they are not concerned with criminal offence either under dowry prohibition act or under the indian penal code and they are concerned only with a matrimonial conduct that constitutes cruelty, which is a ground for dissolution .....
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