Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 4 penalty for demanding dowry Sorted by: old Court: guwahati Page 3 of about 39 results (0.101 seconds)

Puspadhar Saikia Vs. State of Assam

Court : Guwahati

Reported in : 1993CriLJ1474

..... learned counsel for the petitioner is that as the search and seizure were in violation of sections 20 and 24 of the assam opium prohibition act, 1947 which are mandatory in nature, the impugned judgment is illegal. the said two sections are quoted below:--20 power of entry, search, seizure and arrest ..... revenue not below the rank of sub-deputy collector, (any inspecting officer or any intelligence officers of the narcotics intelligence bureau, government of india) and any prohibition officer authorised in this behalf by the (state) government, who has reason to believe, from personal knowledge or from information received from any person and taken ..... the excise inspector, upendra chandra kalita, p.w. 2, balin kauli, excise inspector and p.w. 3 mahendra nath das, asstt. honorary organiser of assam state prohibition council, tinsukia sub-division. the plea of the accused was total denial and one witness was also examined.4. the first point urged by mr. sarma baruah, .....

Puspadhar Saikia Vs. State of Assam

Court : Guwahati

Reported in : 1993CriLJ1474

..... learned counsel for the petitioner is that as the search and seizure were in violation of sections 20 and 24 of the assam opium prohibition act, 1947 which are mandatory in nature, the impugned judgment is illegal. the said two sections are quoted below:--20 power of entry, search, seizure and arrest ..... revenue not below the rank of sub-deputy collector, (any inspecting officer or any intelligence officers of the narcotics intelligence bureau, government of india) and any prohibition officer authorised in this behalf by the (state) government, who has reason to believe, from personal knowledge or from information received from any person and taken ..... the excise inspector, upendra chandra kalita, p.w. 2, balin kauli, excise inspector and p.w. 3 mahendra nath das, asstt. honorary organiser of assam state prohibition council, tinsukia sub-division. the plea of the accused was total denial and one witness was also examined.4. the first point urged by mr. sarma baruah, .....

Manik Datta Vs. State of Tripura

Court : Guwahati

..... and 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 extend ..... or is on account of failure by her or any person related to her to meet such demand.section 113b, evidence act : presumption as to dowry death. when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to ..... the woman, the woman had been subjected to cruelty or harassment by the accused for or in connection with any demand for dowry. in other words, the presumption as contemplated by section 113b of the evidence act arises only after it is established by the prosecution that soon before the death of the woman, the woman has been .....

Bhanumati Acharjee and ors. Vs. State of Assam

Court : Guwahati

..... not committed within 3 days or 5 days of the occurrence no offence under section 304 ipc is made out considering the materials available on record 'dowry' has been defined in section 2 of the dowry prohibition act and it has been held in the case of himachal pradesh v. nikuram air 1996 sc 67; 'even if the demand is long after the ..... marriage, the same could constitute dowry, if other requirements of section 304b ipc are satisfied.'15. on judging the evidence and circumstances of the case, it is ..... plea is made to resort to the legal presumption envisaged in section 113b of the evidence act. it reads as under: 113b. presumption as to dowry death. when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty .....

Bijan Nath Vs. Basabi Nath

Court : Guwahati

..... parties. perused the records.2. on a complaint filed by smt. basabi nath, alleging commission of offence under sections 498a, 494, 496/34 ipc and under section 4 of the dowry prohibition act, a complaint case being cr no. 2618c/98 was registered. vide the order dated 1.9.1998 the learned magistrate took cognizance of the offence and issued process against the ..... married with the petitioner accused person on 8.5.1997 and thereafter lived as husband and wife for sometime but the marital bliss was shattered by the constant demand for dowry by the petitioner-husband and for the failure to meet the demand the respondent-wife was tortured. during the subsistence of the marriage the accused husband pursuant to a criminal .....

Bijan Nath Vs. Basabi Nath

Court : Guwahati

Reported in : 2001CriLJ4149,II(2001)DMC623

..... parties. perused the records.2. on a complaint filed by smt. basabi nath, alleging commission of offence under sections 498a, 494, 496/34 ipc and under section 4 of the dowry prohibition act, a complaint case being cr no. 2618c/98 was registered. vide the order dated 1.9.1998 the learned magistrate took cognizance of the offence and issued process against the ..... married with the petitioner accused person on 8.5.1997 and thereafter lived as husband and wife for sometime but the marital bliss was shattered by the constant demand for dowry by the petitioner-husband and for the failure to meet the demand the respondent-wife was tortured. during the subsistence of the marriage the accused husband pursuant to a criminal .....

Md. Alamgir Sani Vs. State of Assam

Court : Guwahati

..... caused her death. as per the explanation to section 304b of the indian penal code, the word 'dowry' has been given the same meaning as in section 2 of the dowry prohibition act, 1961. section 2 of the dowry prohibition act, 1961 defines 'dowry' in the following terms :- '2. defination of dowry'. - in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly, (a ..... ', and such husband or relative shall be deemed to have caused her death. explanation.- for the purposes of this section, 'dowry' shall have the same meaning as in s. 2 of the dowry prohibition act, 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 life.' section .....

Md. Alamgir Sani Vs. State of Assam

Court : Guwahati

Reported in : II(2001)DMC479

..... caused her death. as per the explanation to section 304b of the indian penal code, the word 'dowry' has been given the same meaning as in section 2 of the dowry prohibition act, 1961. section 2 of the dowry prohibition act, 1961 defines 'dowry' in the following terms :- '2. defination of dowry'. - in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly, (a ..... ', and such husband or relative shall be deemed to have caused her death. explanation.- for the purposes of this section, 'dowry' shall have the same meaning as in s. 2 of the dowry prohibition act, 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 life.' section .....

Shambhu Paul and ors. Vs. State of Assam

Court : Guwahati

..... , the meaning of the word 'dowry' as appeared in this section shall have the same meaning of dowry as laid down in section 2 of the dowry prohibition act, 1961 which defined 'dowry' as follows - '2. 'definition of 'dowry' - in this act dowry means any property or valuable security given or agreed to be given either ..... relative shall be deemed to have caused her death. explanation - for the purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 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 ..... ; (4) such cruelty or harassment should be for or in connection with demand for dowry.' be it mentioned herein that this provision was inserted by the dowry prohibition (amendment) act, 1986 with a view to combat the increasing menace of dowry deaths. in this section the word 'cruelty' has not been defined. on the other hand .....

Harendra Nath Bhuyan Vs. State of Assam and ors.

Court : Guwahati

..... 2001 sc 2865, wherein in para 5 of the decision, inter alia, held that clause (b) of section 19(3) of the pc act contains the prohibition against stay of proceedings under the act, but it is restricted to sanction aspect alone and no error, omission or irregularity in the sanction shall be a ground for staying the ..... such error, omission or irregularity has resulted in a failure of justice. it has further been provided therein that no court shall stay the proceedings made under the act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings ..... proceedings under the pc act unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice. in the instant .....