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Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 4 penalty for demanding dowry Sorted by: recent Court: rajasthan Page 3 of about 109 results (0.098 seconds)

Aug 07 2013 (HC)

Dinesh and ors Vs. State and anr

Court : Rajasthan Jodhpur

..... commission of offence punishable under sec. 498-a of the indian penal code, 1860 (in short the 'ipc') and sec.4 of the dowry prohibition act, 1961 (in short 'd.p. act').3. the complaint was treated as first information report and investigation was undertaken. on completion of investigation charge-sheet was filed on 8/6/2000 ..... & anr. (9) that apart, admittedly, the marriage between the parties took place in a community marriage ceremony. in such marriage, the possibility of demand of dowry is generally non-existent. furthermore, as has already been stated above, the petitioner no.1 had already moved an application seeking divorce from the complainant on the ground ..... mahila thana, nagaur from where her mother was called to nagaur, were absolutely false. the further allegation that she was being harassed for demand of dowry right since her marriage and, thereby, the accused committed the offences under sections 498a and 323 ipc are also malicious. learned counsel for the petitioners assailing .....

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Jul 26 2013 (HC)

Smt. Megha Shetty Vs. State of Raj. and anr

Court : Rajasthan Jodhpur

..... candidates, who have been provided appointment have secured less marks than the appellant. the submissions made by learned counsel for the appellant in the context of prohibition for migration of reserved category candidates to general category in the case of special horizontal reservation for woman cannot be read into either the principles or the ..... 10 d.b. civil special appeal (w) no.170/2013 smt. megha shetty vs. state of raj. & ors. (alongwith other 3 similar matters) 1973 act. the apprehension that persons belonging to general category may lose their chance forever or for a long time to get themselves elected is totally untenable and unsustainable. the whole ..... belonging to govern general category is grammatically attractive but the suggested construction not only would defeat the main purposes of the provisions and the scheme of the act, which is to make special provisions for those with special needs, and to the understanding of the legislature when it enacted sections 10 and 18 of .....

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May 04 2011 (HC)

Sahukar Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... learned board. vide order dated 28.02.2011, the learned board dismissed his bail application under section 12 of the juvenile justice (care and protection of the children) act, 2000 ('the act', for short). aggrieved by the said order, the petitioner had filed an appeal before the learned judge. however, vide order dated 11.03.2011, the learned judge ..... , dismissed the appeal. hence, this petition before this court. mr. azad ahmed, the learned counsel for the petitioners, has vehemently contended that under section 12 of the act, ordinarily a bail should be granted to a person without considering the nature of the offence. moreover, the allegation is not so much of rape as it is of ..... grave offence, he must be permitted to be released on bail so as to permit him to commit further crime. one of the aims of the juvenile justice act is to reform the juvenile delinquent so that he is prevented from graduating to being a hardened criminal. this process of reform cannot be done by releasing the .....

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Mar 28 2011 (HC)

Om Singh @ Kuldeep Singh. Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... investigation, the petitioner was taken into custody. subsequently, the petitioner moved a bail application under section 12 of the juvenile justice (care and protection of children) act, 2000 ('the act', for short) before the learned magistrate. however, vide order dated 29.05.2010, the learned magistrate dismissed the said application. thereafter, the petitioner moved an ..... appeal under section 52 of the act before the learned judge. however, vide order dated 26.11.2010, the learned judge dismissed the appeal. hence, this petition before this court.3. mr. piyush ..... he must be permitted to be released on bail so as to permit him to commit further crime. one of the aims of the juvenile justice act is to reform the juvenile delinquent so that he is prevented from graduating to being a hardened criminal. this process of reform cannot be done by .....

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Apr 12 2010 (HC)

Pawan Kumar and ors. Vs. State of Rajasthan

Court : Rajasthan

..... establishing a business or for going abroad. it was, thus, made 'in connection with the marriage'. hence, the demand was for 'dowry' as defined under section 2 of the dowry prohibition act, 1961.13. during the period from january 1996 till december 1997, despite several requests of the complainant and his family members for reconciliation, the ..... 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 (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 ..... , the petitioners rejected his requests till the demand of rs. 1 lakh was fulfilled. thus, there was an implied dowry demand. furthermore, the abandoning of wife by the husband is an act of cruelty inflicted by the husband. therefore, even during the intervening period of january, 1996 till december, 1997 mental cruelty .....

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Apr 06 2010 (HC)

Ayub Ahmed Vs. Divisional Commissioner and anr.

Court : Rajasthan

..... required to first record statements of departmental witnesses.9. it was argued that the tehsildar, kishanganj, himself being the complainant, could not have been nominated to act as presenting officer on behalf of the department. his statement was not recorded for that reason. the disciplinary authority has, by cryptic and non-speaking order, awarded ..... view of the judgment, the court has held that both, petitioner and ishaq khan, would be entitled to benefit of section 12 of probation of offenders act which would mean that their service career would not be affected by their conviction and any disqualification attached with conviction would not be incurred by them. ..... were both held guilty for offence under section 218 and that the court held them entitled to benefit under section 12 of the probation of offenders act which meant that they would not suffer from any of the disqualification attached with conviction for the purpose of continuity in employment. the disciplinary authority would .....

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Mar 09 2010 (HC)

Commercial Taxes Officer Vs. Nokha Cotton Industries

Court : Rajasthan

..... basis of investment made by it for manufacturing goods within the state of rajasthan cannot be given any set off of such excess tax in view of the specific prohibition in clause 4(c) of the incentive scheme which reads as under: 4(c) an industrial unit claiming exemption from tax under this notification shall not be ..... parts of the provisions have to be read as two separate provisions. in other words, he submitted that the right to avail concession under different provisions of the act is not denied notwithstanding the fact the assessee is availing the benefit of incentive scheme but under no circumstances that right of availing concessional rate can lead to ..... made by the legislature itself in second part of definition in clause 4(c) which says; 'but different concessions in any form available under any section of the act shall not be denied to such unit'. the question of denying the benefit can arise only after the question of entitlement to avail such concession is firmly determined .....

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Feb 03 2010 (HC)

Manohar Lal Vs. L.Rs. of Govind

Court : Rajasthan

Reported in : AIR2010Raj72

..... in air 1967 orissa 19, the hon'ble orissa high court has observed as under:in respect of matter arising under section 24 of hindu marriage act, there is no provision in civil p.c. expressly prohibiting that the remedy, prescribed in order 11 would not be available to interlocutory proceedings.it is well settled that in the absence of an express ..... prohibition, nothing in the case shall be deemed to limit or otherwise affect the inherent power of the court to make orders necessary for the ends of justice. the court can, .....

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Mar 17 2009 (HC)

Prem Babu @ Vinod Kumar Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2009(3)Raj2434

..... ) cr.p.c. the said complaint was then registered as f.i.r. no. 180/97 for the offence under section 498-a ipc and under section 4 of the dowry prohibition act. subsequently, on completion of the investigation and submissions of the challan, the trial proceeded in the court of ajm no. 3 bharatpur (criminal case no. 151/99). an application then ..... is a common experience in criminal courts that defence counsel would raise objections whenever courts exercise powers under section 311 of the code or under section 165 of the evidence act, 1872 by saying that the court could not 'fill the lacuna in the prosecution case.' a lacuna in the prosecution is not to be equated with the fallout of an .....

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Feb 05 2009 (HC)

Shiv NaraIn Sharma Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2009(3)Raj2517

..... of failure by her or any person related to her to meet such demand.6. the term 'dowry' has been defined in section 2 of the dowry prohibition act, 1961 (in short 'dowry act') as under:section 2. definition of 'dowry' - in this act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly.:(a) ..... husband or relative shall be deemed i have caused her death.explanation.-for the purpose of this sub section 'dowry' shall have 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 ..... is not always necessary that there be any agreement for dowry. section 113-b of the evidence act is also relevant in this case. both section 304-b ipc and section 113-b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace .....

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