Court : Guwahati
..... air scw 4788. in that case, the complaint was lodged alleging commission of offence punishable under sections 498a and 406 of ipc and section 4 of the dowry prohibition act, 1961. in the petition under section 482 of the code before the madras high court the accused persons alleged that the concerned magistrate had no jurisdiction even to ..... noted that the complainant herself had left the house of the husband on account of alleged dowry demanded by the husband and his relatives. there was not even a whisper or allegation about any demand of dowry or commission of any act constituting an offence much less than at chennai. that being so, the supreme court held ..... which was examined by it in sujata mukherjee v. prashant kumar mukherjee reported in : 1997crilj2985 , in that case the factual background was different. though the dowry demands were made earlier the husband of the complainant went to the place where the complainant was residing and had assaulted her. it was held in that factual .....
Tag this Judgment!Court : Guwahati
..... release certain offenders on probation of good conduct and a duty is cast on the court to record the special reason for not invoking the provision of the said act. such order is required to be passed in respect of a person found guilty of having committed an offence not punishable with death or imprisonment for life and ..... the criminal procedure code. 12. the last submission of the learned senior counsel is that the benefit of section v cr. p.c. or section 4 of the probation of offenders act, 1958, was not given to the revision petitioner by the learned courts. 'below, wrongly. the learned counsel for the revision petitioner has not disputed the statement made by ..... learned counsel, the learned courts below have failed to exercise the power either under section 360 of cr. p.c. or under section 4 of the probation of offenders act, 1958. it has further been submitted that since the occurrence took place on 25-11-1996 and the revision petitioner is all along on bail during investigation, trial .....
Tag this Judgment!Court : Guwahati
..... from the police report itself to show that even the investigating officer at certain stage of the investigation observed that a case under sections 3/4 of the dowry prohibition act has been established against all the accused persons. however, the investigating officer was influenced by the note of the supervisory police officers and did not file ..... and charge-sheet is accepted as a whole against all accused persons under section 498(a)/304(b), i.p.c. read with sections 3/4 of the dowry prohibition act.case is transferred to the court of shri v.k. chandak, special judicial magistrate, assam. guwahati for disposal.4. the case of the accused petitioners is ..... form under section 173, cr.p.c. whereby charge-sheet was submitted against the accused-petitioner no. 2 smt. radha tewari under sections 3/4 of the dowry prohibition act. police, however, did not find any evidence against the other two accused petitioners namely, jagat mohan tewari and ajay shankar tewari and, hence, they were not sent .....
Tag this Judgment!Court : Guwahati
..... the deceased was a poor person they did not hesitate to place a demand for dowry which came to be settled at rs. 19,000/-. the demand of dowry itself is an offence under section 3 of the dowry prohibition act, 1961 which provides that for taking dowry, the imprisonment for a term shall be not less than 5 years with fine ..... which shall not be less than rs. 15,000/-. the cruel mental set up of the in-laws including the appellants herein have been demonstrated from their demand of dowry which lends strong ..... under section 306, ipc has acquired wider dimensions and has become a serious marriage-related offence. section 113-a of the evidence act says that under certain conditions, almost similar to the conditions for dowry death the court may presume having regard to the circumstances of the case, that such suicide has been abetted by her husband .....
Tag this Judgment!Court : Guwahati
..... was the source of an apprehension that something would be done to her either physically or mentally. it was held by the apex court that the demand for dowry being prohibited under law, it by itself amounted to cruelty entitling her to get a decree for dissolution of marriage. the fact is, however, totally different from the ..... woman in the society for the perpetuation of race, permitting lawful indulgence in passion to prevent licentiousness and for procreation of children. desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case. as desertion in matrimonial cases means ..... has been held to mean the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. when certain act amounts to desertion, has been discussed in paras 7 and 10 of the above judgment, the relevant part of which is quoted below:'desertion', for the purpose .....
Tag this Judgment!Court : Guwahati
..... as there is prima facie evidence on record attracting the provisions of an offence under section 4 of the dowry prohibition act, 1961, the accused-appellant needs to be formally charged under section 4 of the dowry prohibition act, 1961, and be made to face a fair trial in this regard.35. in the result, and for ..... dowry prohibition act, 1961, section 8a of the dowry prohibition act, 1961, places, unlike an ordinary criminal trial, the burden to prove that he had not demanded the dowry and had not committed the offence alleged to have been committed by him under section 4 of the dowry prohibition act, 1961.33. in the face of the fact that section 8a of the dowry prohibition act, 1961 ..... defence might have changed and he might have even given evidence to prove that he had not committed any offence under section 4 of the dowry prohibition act, 1961. when the burden of proving certain facts is placed on an accused, the accused cannot be, ordinarily, convicted without formally framing a charge .....
Tag this Judgment!Court : Guwahati
..... beg (supra) has observed that whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, depends upon the peovisions in the relevant service rules relating to probation and confirmation. the apex court has further ..... probation prescribed and either there is a rule providing for extension of probation or there is a rule which requires a specific act on the part of the employer either by issuing an order of confirmation or any similar act which would result in confirmation of the employee, the period of probation would continue and there would be no deemed confirmation at .....
Tag this Judgment!Court : Guwahati
..... and such husband or relative shall be deemed to have caused her death.explanation--for the purposes 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 ..... before she died.6. before proceeding further, we may refer to the provisions of section 304-b/ 498a ipc and section 113b of the evidence act, which are as follows:304-b. dowry death--(1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven ..... death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death. from a conjoint reading of section 304-b of the penal code and section 113b of the evidence act, it will be apparent that a presumption arising thereunder will operate if the prosecution is able to establish the .....
Tag this Judgment!Court : Guwahati
..... coke, which was allegedly obtained by fraud, came to be accordingly challenged in the court of chancery. the court of chancery issued a 'common injunction' prohibiting the enforcement of the said judgment of the 'common law court'. as the two courts were bent upon enforcing their own respective orders, the matter was referred ..... jurisdiction in those cases, where the rights were purely of legal nature. the most common exercise of concurrent jurisdiction were in the case of account, accident, dowry, fraud, mistake, partnership and partition. the exclusive jurisdiction of the courts of equity granted special reliefs, which were beyond the reach of the common law. ..... compensation. no award for compensation, according to the learned advocate general, could have been made on the basis of mere application or petition seeking compensation under the act of 1855.16. mr. d.k. biswas, learned amicuscuriae, submits that the relief of compensation for an 'actionable wrong', which is tortious in nature, .....
Tag this Judgment!Court : Guwahati
..... of difference between the honble members of gauhati bench of the income tax appellate tribunal, the above appeals were referred to me under section 255(4) of the income tax act, 1961 (the act). in fact, i find that there is no difference in the five appeals, viz., i.t.a. nos. 389 and 390 (gau.)/96 and i.t.a. ..... the assessing officer do not lead to the conclusion that the assessee is existing for purposes of profit. there are specific objects in the constitution of the assessee-society prohibiting use of profit for benefit of any individual. it is to be used for the purposes of school during its existence and even on the dissolution of the institution ..... reveals that all the objects of the assessee-society are educational and the surplus generated can be utilised for the promotion of the said object only. there is specific prohibition in the constitution of the assessee-society to distribute or transfer an)/ portion of its surplus to any member of the executive committee. even at the time of .....
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