Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 8b dowry prohibition officers Court: guwahati Page 1 of about 28 results (0.093 seconds)

Rajib Banik and anr. Vs. State of Tripura

Court : Guwahati

..... years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death', 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). ..... was lodged by one santosh kumar banik before the officer in-charge, east agartala police station on 16.3.2002 stating that his daughter papia banik was married to rajib banik as per hindu rites and custom and that though all the demands of dowry were made by the informant at the time of marriage, the appellants started demanding afresh, after their marriage, additional dowry in the form of yamaha motor bike and colour ..... she was present at the time of post mortem examination and identified the deadbody of the deceased to the medical officer and that the medical officer showed her a letter indicating that he had recovered it from the 'jangia' of the deceased. ..... and to refer to the evidence of the medical officer conducting the post mortem examination, who was examined ..... moreover, the conduct of the medical officer, who conducted the post mortem examination, in giving evidence on the history of the deceased being subjected to harassment and cruelty during her marriage, which has no relation whatsoever with his professional duty .....

Abc India Ltd. and anr. Vs. Deputy Commissioner of Income-tax and ors.

Court : Guwahati

..... 1993, is annexure-iv to the writ application and that is quoted below (see [1993] 202 itr 55) : 'sub : section 32 of the income-tax act, 1961--rate of depreciation on motor lorries used in the business of transportation of goods--regarding. ..... the petitioner filed an application before this court under section 256(2) of the income-tax act, 1961, for a direction to the tribunal to draw up a statement of the case and refer the question ..... the second proviso to section 32(1)(ii) of the income-tax act, 1961, which disallows depreciation on foreign motor cars, is reproduced below: 'provided further that no deduction shall be allowed under this clause in respect of any motor car manufactured outside india, where such ..... 332 was in relation to a suit brought for a declaration that an assessment made by the income-tax officer was a nullity, and it was held by the privy council that an assessment made under the machinery provided by the act, even if based on a provision subsequently held to be ultra vires, was not a nullity like an order of a court lacking jurisdiction and that section 67 of the indian income-tax act, 1922, operated as a bar to the maintainability of such a suit. ..... 1961]41itr191(sc) , where, the supreme court pointed out as follows (at page 207) : 'it is well-settled, however, that though the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting .....

Md. Alamgir Sani Vs. State of Assam

Court : Guwahati

..... 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 ..... dowry prohibition act, 1961. ..... the indian penal code and section 113b of the indian evidence act would go to show that the scheme introduced to combat the evil of dowry death by the amendment introduced by the dowry prohibition (amendment) act, 1986, is that whenever there is an unnatural death of a woman within seven years of her marriage and there is a proof of cruelty or harassment of the woman by her husband or any relative of her husband for or in connection with any demand for dowry, a presumption regarding culpability of ..... the further case of the prosecution that on coming back from gopalganj, shafi ahmed, father of the deceased, lodged another written complaint (ext.2) before the officer-in-charge of dispur police station on 22.2.1995 alleging, inter alia, that the deceased anjuma ara was murdered by her husband, the accused, on 14.2.1995 for non-fulfilment of demands for dowry made by the accused. ..... who was then serving as sub-divisional officer, telephones at magaldoi submitted a written information ..... nath medhi is the investigating officer of the case. ..... 2) to the officer-in-charge of dispur police station and after recording the statements of the first informant and his son, he went to delhi and arrested the accused and brought him back .....

Md. Alamgir Sani Vs. State of Assam

Court : Guwahati

Reported in : II(2001)DMC479

..... 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 ..... dowry prohibition act, 1961. ..... the indian penal code and section 113b of the indian evidence act would go to show that the scheme introduced to combat the evil of dowry death by the amendment introduced by the dowry prohibition (amendment) act, 1986, is that whenever there is an unnatural death of a woman within seven years of her marriage and there is a proof of cruelty or harassment of the woman by her husband or any relative of her husband for or in connection with any demand for dowry, a presumption regarding culpability of ..... the further case of the prosecution that on coming back from gopalganj, shafi ahmed, father of the deceased, lodged another written complaint (ext.2) before the officer-in-charge of dispur police station on 22.2.1995 alleging, inter alia, that the deceased anjuma ara was murdered by her husband, the accused, on 14.2.1995 for non-fulfilment of demands for dowry made by the accused. ..... who was then serving as sub-divisional officer, telephones at magaldoi submitted a written information ..... nath medhi is the investigating officer of the case. ..... 2) to the officer-in-charge of dispur police station and after recording the statements of the first informant and his son, he went to delhi and arrested the accused and brought him back .....

Jagat Mohan Tewari and ors. Vs. State of Assam

Court : Guwahati

..... accepting the report submitted by police and for taking cognizance of the offence, we find that the learned chief judicial magistrate has quoted extensively 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 ..... 26/99 under sections 304(b)/498(a), 1pc read with section 3/4 of the dowry prohibition act was registered and enquired into by the police. ..... read with sections 3/4 of the dowry prohibition act.case is transferred to the court of shri v.k. ..... radha tewari under sections 3/4 of the dowry prohibition act. ..... the magistrate can ignore the conclusion arrived at by the investigating officer and independently apply his mind to the facts emerging from the investigation and take cognizance of the case, if he thinks fit, in exercise of his powers under section 190(1)(b) and direct the issue of process to the accused. ..... the magistrate is not bound in such a situation to follow the procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(a) thought it is open to him to act under section 200 or 202 also. ..... section 190(1)(b) does not lay down that a magistrate can take cognizance of an offence only if the investigating officer gives an opinion that the investigation has made out a case against the accused. .....

Bijan Nath Vs. Basabi Nath

Court : Guwahati

..... 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. ..... of the complainant is that she was 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. ..... (2) any offence punishable under section 494 of section 495 of the indian penal code, may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage (or the ..... on examination of the complaint the trial court took cognizance of the offence against the accused persons under sections 498a, 494, 497 and 10(b) ipc. ..... section 120b read with section 494 ipc against all the accused persons and in view of the provisions contained in section 184 cr.p.c. ..... sub-section (2) of section 182 cr.p.c. ..... it is however stated that only the husband is liable for the offence under section 494 cr.p.c. ..... in this case the process under section 494 cr.p.c. ..... the above provision was incorporated by the 1979 amendment and it clearly provides that in case of a complaint under section 494 cr.p.c. .....

Bijan Nath Vs. Basabi Nath

Court : Guwahati

Reported in : 2001CriLJ4149,II(2001)DMC623

..... 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. ..... of the complainant is that she was 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. ..... (2) any offence punishable under section 494 of section 495 of the indian penal code, may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage (or the ..... on examination of the complaint the trial court took cognizance of the offence against the accused persons under sections 498a, 494, 497 and 10(b) ipc. ..... section 120b read with section 494 ipc against all the accused persons and in view of the provisions contained in section 184 cr.p.c. ..... sub-section (2) of section 182 cr.p.c. ..... it is however stated that only the husband is liable for the offence under section 494 cr.p.c. ..... in this case the process under section 494 cr.p.c. ..... the above provision was incorporated by the 1979 amendment and it clearly provides that in case of a complaint under section 494 cr.p.c. .....

Nidhan Biswas and ors. Vs. State of Tripura

Court : Guwahati

..... 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 ..... there being no dispute about the fact that the deceased had committed suicide within seven months from the date of her marriage and no external injury was found by the medical officer (pw-8) while doing the post-mortem examination, it is not necessary to go into the detailed discussion of the post-mortem report for deciding the cause of the death.9. ..... but section 176 of crpc clearly provides when a woman commits suicide within seven years of her marriage as provided in sub-section (3) of section 174 of crpc, it is the duty of the nearest magistrate, so empowered, to hold an enquiry into the cause of death either instead of or in addition to investigation held by the police officer under section 174 of crpc ..... it is to be placed on record that the police officers as well as the executive magistrates who have been given powers under sections 174 and 176, crpc are not quite conversant with the legal requirement in conducting an enquiry which exactly has happened in the present case ..... is nothing on record to show that such an enquiry was at all done and it is not necessary to reiterate here that in every such enquiry it is the duty of the police officer as well as the magistrate to record the statements of witnesses including close relatives of the deceased. .....

Manik Datta Vs. State of Tripura

Court : Guwahati

..... 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961 ..... it is therefore difficult to hold that the prosecution has established beyond reasonable doubt that the appellant had committed any act of cruelty towards the deceased or subjected her to any harassment for or in connection with demand of dowry and was guilty of the offences under section 498a and 304b, i.p.c.in the result, this appeal is allowed and the conviction of the appellant and the sentences imposed by ..... orilal jaiswal air 1994 sc 1418 : 1994 cri lj 2104 for the proposition that the testimony of close relatives of the deceased relating to physical and mental torture inflicted by an accused under section 498a should not be discarded simply on the score of absence of corroboration by independent witnesses such as tenants or neighbours living in adjoining portion of the house because ordinarily it is not expected that ..... shukla (1997) 11 scc 26 : 1997 cri lj 3761 the supreme court found that the high court had acquitted the accused in that case under sections 304b and 498a, ipc after recording findings that the prosecution had failed to establish beyond reasonable doubt that the accused has caused the death of the deceased ..... facts briefly are that on 11-10-1995 the appellant lodged an information with the officer incharge of lembucheri police out post, airport, west tripura that in the ..... of the deceased, on 20-10-1995 before the officer incharge of the airport police out post, .....

Ratan Malla and 18 ors. Vs. Sefalli Malla

Court : Guwahati

..... 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. ..... these facts are similar to the facts in sujata mukherjee (supra) where the supreme court held that clause (c) of section 178 of the code is attracted because at least on one occasion torture had taken place in the house of wife section 407 of the code enlists number of circumstances giving wider power to the high court to transfer cases and appeals where ends of ..... accused in the above noted criminal case have prayed for transfer or the criminal case from agartala to belonia which are in two different sessions divisions on the ground that as per provision of sections 177 and 178 crpc, the cjm, west tripura has got no jurisdiction to try the offence. ..... the power includes an order for trial of any offence by a court not qualified under sections 177 to 185 of the code but competent in other respects to inquire into or try such offences if it is felt that for an impartial inquiry or the trial it is necessary ..... even a whisper or allegation about any demand of dowry or commission of any act constituting an offence much less than at chennai. ..... bhowmik, learned counsel for the petitioners submits that section 177 of the code requires that every offence shall ordinarily be inquired into and tried by a court within whose local ..... though her father gave gold ornaments and furniture, the cash dowry and tv set could not be given which led to the .....