Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 4 penalty for demanding dowry Page 5 of about 6,160 results (0.282 seconds)

Kunju Moideen Vs. Sayed Mohammed

Court : Kerala

Reported in : AIR1986Ker48

..... of his daughter to the prospective bridegroom for the purchase of a property in the joint names of his daughter and the would-be son-in-law, dowry as defined in the dowry prohibition act 1961? b) when an amount is paid to the prospective son-in-law for purchase of a property in the joint names of one's own daughter and ..... e) do the provisions of the dowry prohibition act 1961 bar a suit for recovery of dowry paid? f) whether respondents 1 and 2 do not hold the amount as trustees liable to repay thesame as such to the appellant in view of the trust ..... with a proposed marriage but the marriage itself does not take place, can that amount be said to be 'dowry' within the meaning of the dowry prohibition act, 1961. d) is not a suit for recovery of a sum paid, even if it be dowry, maintainable when the proposed marriage in consideration of which it is paid, does not take place or is cancelled? .....

Moiliakiriath Abbas Vs. Meeyanathu Kunhipathu and anr.

Court : Kerala

Reported in : AIR1975Ker129

..... appeals were dismissed. the plaintiff has come up in second appeal. no appeal is filed against the decision in the other case.3. the dowry prohibition act, 1961, defines 'dowry' in the following terms :--'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 ..... the sale deed on the ground that it is not supported by consideration. he claimed that it is a void document hit by the provisions of the dowry prohibition act. the two suits were tried together and evidence was taken in the father's suit. though it was found that the sale deed in favour of the ..... the illegality claim a declaration that the document is a void document. in this suit it was found that the document is a void document prohibited by the provisions of the dowry prohibition act. the consideration stated in it was found to be not the real consideration. therefore, this suit was also dismissed. two appeals were filed before .....

Seariah Varghese Vs. Varghese Marykutty and ors.

Court : Kerala

Reported in : II(1991)DMC262

..... to the entire evidence in the case and the pleadings and advanced elaborate argument based on the evidence in this case. he submitted that in view of the dowry prohibition act, 1961 the suit itself is not maintainable. i do not think that this contention has any force in view of the division bench decision reported in 1980 k.l ..... (mary v. cherchi & others). in 1980 k.l.t. 353 the division bench found that the suit is maintainable even if it is streedhanam or dowry notwithstanding the dowry prohibition act on the basis that 'streedhanam is always the property of the woman whoever is given custody of the same. woman can always claim it back and enforce the ..... be returned and the statute says that if not returned, it is a punishable offence. in these circumstances, i have absolutely no hesitation to hold that the dowry prohibition act will not stand in the way of maintaining the suit. the suit is perfectly maintainable.7. counsel for the appellant submitted that the suit is barred by limitation .....

Murali Vs. State of Kerala

Court : Kerala

Reported in : I(2006)DMC586; 2006(1)KLT90

..... ,at or before on any time after the marriage in connection with the marriage of the said parties.28. the expression 'dowry' in the dowry prohibition act, 1961, has undergone transformation after its enactment in 1961. it is not any more necessary or essential that the demand must be made at or before or immediately after the marriage ..... raised by the appellant when the deceased was allegedly sent home on the last occasion is 'dowry' as defined under the dowry prohibition act, 1961. the learned counsel contends that if such an unlimited meaning were to be given to the expression 'dowry' it would work out hazardous consequences. in order to attract culpability under section 304-b, ..... shall be deemed to have caused her death. there is also a rider that 'dowry' used under section 304b must convey the same meaning as in section 2 of the dowry prohibition act, 1961. section 304b(2) prescribes the punishment for the offence of dowry death for the culpable conduct of the husband or his relative - i.e. .....

State by Sub Inspector of Police Vs. Satish Shetty and ors.

Court : Kerala

Reported in : II(2008)DMC132; ILR2008(2)Kar1432; 2008(5)KLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008CriLJ2490; 2008(3)AICLR396(DB)

..... husband for, or, in connection with, any demand for 'dowry'. the explanation appended to sub-section (1) of section 304b, ipc says that 'dowry' shall have the same meaning as in section 2 of dowry prohibition act, 1961.section 2 of dowry prohibition act reads as under.--2. definition of 'dowry'--in this act 'dowry' means any property or valuable security given or agreed to ..... , when no offence came to be made out for the offence under section 304b, ipc, the respondents/accused could not be punished for lesser offence under the dowry prohibition act. of course, this was with reference to the judgment of this court and the apex court. he relies upon dalbir singh v. state of u.p. ..... with this appeal challenging the judgment and order of acquittal, wherein the respondents were tried for offences punishable under sections 3, 4 and 6 of the dowry prohibition act and also sections 498a and 304b of ipc.2. the case of the prosecution in brief is as follows:it is not in dispute that the deceased .....

Rajeshwar Mishra and 2 ors. Vs. State of Bihar

Court : Patna

..... concerned, the prosecution has proved its case beyond all reasonable doubts against him under sections 304-b, 201, indian penal code as well as section 3, dowry prohibition act. the finding of the court below, therefore, requires no interference by this court.10. in the result, criminal appeal no. 430 of 1996 is allowed ..... , indian penal code and section 3, dowry prohibition act.3. the prosecution case in short is that on 20.8.1991, the informant bhanu pandey (p.w. 8) received information from one bageshwar tiwary ( ..... 1996 and rajeshwar mishra, appellant of criminal appeal no. 430 of 1996 have been convicted under sections 304b and 201, indian penal code and section 3, dowry prohibition act. they all have been sentenced to undergo rigorous imprisonment for life under section 304b, indian penal code. no sentence against them has been passed under section 201 .....

Kailash S/O Baliram Pawar and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 2003BomCR(Cri)1112; 2003(2)MhLj929

..... would in fact be a demand based upon the factum of marriage and would, therefore be 'in connection with the marriage' within the meaning of section 2 of the dowry prohibition act, 1961.15. having said this, i must also place on record that i am alive to the observations of the apex court in the case of satvir singh v. state ..... attracted 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 v. state in ..... not be said to be in connection with the marriage of the parties within the meaning of section 2 of the dowry prohibition act, 1961. it was argued that under the definition of dowry, any property or valuable security was required to be given or agreed to have been given either directly or indirectly, but in the present case the demand .....

Savalram Vs. State of Maharashtra

Court : Mumbai

Reported in : 2003(2)ALD(Cri)106; 2003BomCR(Cri)1457; 2003CriLJ2831; I(2004)DMC339

..... conviction and sentence imposed under section 498-a read with section 34 of ipc, section 306 read with section 34 of ipc and under section 4 of dowry prohibition act, 1961, are maintained. the impugned judgment and order will stand modified accordingly, only to this limited extent and all other directions given in the operative portion of the ..... , i am in agreement with the findings of the trial court in connection with the offence under sections 306, 498-a of ipc and section 4 of dowry prohibition act, 1961 and the conviction and sentence in these sections are maintained.10. in the result, criminal appeal succeeds partly. the conviction and sentence imposed by the impugned judgment ..... punishable under sections 498-a read with section 34, sections 304-b, 306 read with section 34 of the indian penal code and section 4 of the dowry prohibition act, 1961.2. for the conviction under section 498-a read with section 34, the accused is convicted and sentenced to suffer s.i. for a period of one .....

S.T. Dayananda Reddy Vs. State of Karnataka

Court : Karnataka

Reported in : 2000CriLJ2064; II(2000)DMC177; 2000(2)KarLJ466

..... it is true that the learned government advocate advanced the submission before us that even if the court were to refuse interference as far as the charges under the dowry prohibition act were concerned that these would have a fall out insofar as if the prosecution has established that if the death of shanthamma was the overall result of harassment, ..... any error or possible miscarriage of justice has occurred and having rechecked the position from the evidence, we need to record that as far as the charges under the dowry prohibition act are concerned, the findings of the trial court require to be confirmed. 4. the same position applies with regard to the charge under section 304-b of ..... 452 of 1995 is that the trial court was clearly in error in having acquitted the accused of the offences punishable under sections 3, 4 and 6 of the dowry prohibition act in the face of the clear cut evidence of shanthamma's brother p.w. 1 and the mother who is p.w. 2. the learned government advocate submitted .....

Smt. G. Renuka Vs. M. Papa Rao

Court : Andhra Pradesh

Reported in : AIR1995AP130; 1994(2)ALT535; I(1995)DMC270

..... the benefit of the woman within the prescribed period.14. it follows from the above, that the plaintiff is entitled to recover the amount of dowry and the suit is maintainable under section 6 of the dowry prohibition act, 1961.15. second appeal no. 178 of 1988 is allowed with costs and the judgment of the additional district judge warangal in a.s. no. 24 ..... by the plaintiff.7. the main contention of the learned counsel for the appellant is that section 3 of the dowry prohibition act, 1961, provides that if any person, after the commencement of the act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years and with fine .....