Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 8b dowry prohibition officers Court: himachal pradesh Page 1 of about 14 results (0.103 seconds)

Meenakshi Mehta Vs. Major Atul Mehta

Court : Himachal Pradesh

Reported in : AIR2000HP73,I(2000)DMC685

..... reply denied the allegations of cruelty as averred in the petition and claimed that the behaviour of the respondent and his parents in fact hasbeen very cruel and unbecoming and a com-plaint under section 6 of the dowry prohibition act. ..... the allegations against the respondent in this complaint are : (i) that the appellant had been constantly harassed and physically assaulted by the respondent on the ground that she had not brought sufficient dowry, (ii) that he had failed to provide maintenance to her and their children, and (iii) that the respondent had extra-marital affairs with rich women including one vanita kapur, an employee of state bank ..... this appeal under section 28 of the hindu marriage act, 1955 (hereafter referred to as the 'act') is directed against the judgment and decree dated september 1, 1998 passed by the learned district judge, solan, whereby the petition of the husband/respondent under section 13 of the act has been allowed and the marriage between the parties ..... all pleaded instances of cruelty except the one regarding allegedly false allegation of illicit intimacy between the respondent and a bank officer namely, vanita kapur, relate to the period prior to march 1993. ..... the respondent/husband filed a petition under section 13 of the act praying for a decree for dissolution of the marriage on the ground of cruelty in the court of the learned district judge, solan on ..... 1961 read with section 406/34 of the indian penal code is pending in the court of the chief .....

Ashok Kumar Bais and ors. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC373

..... surinder singh, j.1.the accused-petitioners stand charge-sheeted by the learned sessions judge, for the offences punishable under sections 3 and 4 of the dowry prohibition act, 1961 in short 'the dowry act' and also under section 306 of the indian penal code, vide order dated 16.6.2008, which has been assailed in the present criminal revision petition, on the following grounds:(i) that the case was investigated by the police officer below the rank of dy. s.p. ..... in result, for the reasons aforesaid, in my considered opinion, the trial court could not have taken the cognizance for the offences punishable under section 3 and 4 of the dowry prohibition act, 1961 as such the charge against them for the aforesaid offence is quashed and set-aside. ..... both the provisos to the amended sections are mandatory and the position which emerges is that:(i) the case could not have been investigated by a police officer of the rank lower than of the deputy superintendent of police; and(ii) the cognizance of any offence by the court under the dowry act is barred, in absence of the previous sanction of the district magistrate, having its jurisdiction in the area, which is sine quo non for the institution of the complaint under .....

Budhi Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2000CriLJ4879

..... their lordships of the supreme court held that the demand made after solemnization of marriage would constitute dowry under section 2 of dowry prohibition act (28 of 1961). ..... from the bare perusal of the aforesaid two dying declarations i am of the considered view that veena devi made statements to the investigating officer and sub-divisional magistrate in a fit condition as opined by the doctor and the trial judge has rightly relied upon and accepted the dying declarations holding the appellant responsible ..... he contended that two dying declarations were made by veena devi, one to the investigating officer in the presence of the doctor and second to the sub-divisional magistrate in the presence of the same doctor who certified that veena devi before making these dying declarations was in a ..... the evidence based on two dying declarations of veena devi which find corroboration from the oral testimony of doctor, sub-divisional magistrate and investigating officer, there is overwhelming evidence against the appellant that he has committed an offence under section 498-a, i.p.c. ..... nurpur was also informed by the station house officer who recorded the dying declaration statement ext. ..... , on which inspector jagan nath, station house officer, police station, nurpur rushed to the hospital. ..... he stated that station house officer came in the hospital and moved an application and veena devi made a statement in the presence of nurse of the hospital that she had poured kerosene oil on herself and had set .....

Vikram Anand Vs. Rakesh Singha

Court : Himachal Pradesh

Reported in : AIR1995HP130

..... (2) a person convicted for the contravention of- (a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provision of the dowry prohibition act, 1961 (28 of 1961); or (d) any provisions of the commissions of sati (prevention) act. ..... scrutiny of nominations:--(1) on the date fixed for the scrutiny of nominations under section 30 the candidates, their election agents, one proposer of each candidates, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered ..... hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: provided that in case an objection is raised by the returning officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day but one following the ..... (3) of section 8 of the representation of the people act, 1951 and, therefore, his nomination paper ought to have been rejected by the returning officer in accordance with the provisions of section 36(2)(a) of the act. .....

Bhupinder Singh Vs. State of H.P.

Court : Himachal Pradesh

Reported in : I(2005)DMC831

..... word 'dowry' in section 304b has to be understood as it is defined in section 2 of the dowry prohibition act, 1961 ..... (2001) slt 803=iv (2001) ccr 75 (sc)=air 2001 sc 2828, the supreme court held as follows:'prosecution, in case of offence under section 304b, ipc cannot escape from the burden of proof that the harassment or cruelty was related to the demand for dowry and also that such cruelty or harassment was caused 'soon before her death' ..... jeet singh, ii (1999) ccr 8 (sc)=ii (1999) slt 586=(1999) 4 scc 370, it has been held that no doubt it is a sound principle to remember that every criminal act was done with a motive but its corollary is not that no offence was committed if the prosecution failed to prove the precise motive of the accused to commit it, as it is almost an impossibility for the prosecution to unreveal ..... however come to the conclusion that the prosecution has failed to prove that the death of the deceased sonia was caused on account of dowry and acquit the accused bhupinder singh for having committed the offences under sections 304b and 498a, ipc.43 ..... appeal of the state is partly allowed and the accused bhupinder singh is convicted under section 302, ipc for causing the murder of his wife sonia ..... 17-k/7 of 2001 has convicted accused bhupinder singh for the offence under section 489a, ipc and sentenced him to 3 years imprisonment and fine ..... has stated that she is posted as medical officer, chc sairi. ..... complaint was made by her or her daughter to any panchayat, court or any other officer .....

State of Himachal Pradesh Vs. Smt. Manju Rani and Others

Court : Himachal Pradesh

..... the extent of the evil has been commented upon by the joint committee of the houses to examine the work of the dowry prohibition act, 1961. ..... the extent of the evil has been commented upon the joint committee of the houses to examine the work of the dowry prohibition act, 1961. ..... it will be also clear from section 113b of the indian evidence act that only when it is shown that soon before her death a woman has been subjected by any person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death within the meaning of section 304b ipc. ..... as per the definition of 'dowry death' in section 304b ipc and the wording in the presumptive section 113b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the concerned woman must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand of dowry". ..... now when there is no evidence that there was any demand for dowry nor is there any evidence that the deceased was ever subjected to cruelty or harassment, neither the charge of dowry death, under section 304-b ipc nor the charge of cruelty, under section 498-a ipc can be said to have been established. ..... thereafter the mother of the deceased (bachani devi alias shashi rani) wrote an application (ext.pa) to the station house officer, police station, nahan, but no action was taken by the police. .....

State of Himachal Pradesh Vs. Pawan Kumar

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC167

..... explanation-2 to sub-section (1) of section 304-b says that dowry for the purpose of the said sub-section (1) shall have the same meaning as in section 2 of the dowry prohibition act, 1961. ..... in section 2 of the dowry prohibition act, 1961, dowry has been defined to mean-any property or valuable security given or agreed to be given either directly or indirectly-(a) by one party to a marriage to the other party to the marriage; or(b) by the parents of either party to a marriage or by any other person, to ..... arranging for her medical aid and also keeping tight lipped till she died, in the facts and the circumstances of the case, which we are going to discuss hereinbelow, gives rise to a statutory presumption under section 114 of the indian evidence act, that either he himself administered the poison to the deceased or she took the poison to end her life on account of his having harassed her and having treated her with cruelty.10. ..... allegation against the respondent is that he was opposed to the transfer of the shares by the deceased and the realization of the value thereof by the parental side of the deceased, because he had the feeling that sufficient dowry was not given to him and the deceased at the time of the marriage and so the shares in the name of the deceased were to make up for that deficiency and he had the right to realize their value. ..... --no evidence of pregnancy found.ovaries were found normal with presence of a serious cyst in left ovary.opinion of the medical officer. .....

State of H.P. Vs. Kanwar Singh and ors.

Court : Himachal Pradesh

Reported in : 2009CriLJ4737

..... the acquittal of the respondents under sections 498-a of indian penal code and section 4 of the dowry prohibition act read with section 34 of the indian penal code has been challenged by the state, in ..... of the dowry prohibition act to the ..... whereas, in the cross-examination, pw2 meera devi has clearly stated that at the time of marriage there was no demand of the dowry from the side of the respondent but only stated that after the marriage the respondents had been administering the abusive language to her and ..... of the above explanation added to section 498-a, makes it abundantly clear that the willful act or conduct ought to be proximate cause in order to bring home the charge under section 498-a of the indian penal code ..... that after about one month of her marriage, her husband hans raj and parents in law kanwar singh and kaundi devi started taunting her for bringing less dowry but she always told them that her father had provide whatever he could afford. ..... as explanation (b) is concerned, this requires that there shall have to be series of acts in order to be a harassment so as to bring the offence under section 498-a of the indian penal code.12. ..... in cross examination, he significantly admitted that there was no demand of the dowry from him by the respondent, but he alleged that such demand was raised from ..... the prosecution is also not covered under the explanation (b) as there shall have to be series of acts in order to be a harassment as held by the apex court in girhar shankar tawade v. .....

Navneet Kumar Vs. Meena Kumari

Court : Himachal Pradesh

Reported in : AIR2002HP16

..... however, not concerned with criminal offence either under the dowry prohibition act or under the indian penal code. ..... court that the marriage had irretrievably broken down this fact appears to have been taken as an additional circumstance keeping in view the over all facts while coming to the conclusion that matrimonial cruelty under section 13 (l)(i-a) of the act can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. 16. ..... the demand for dowry is prohibited under law. ..... reddi, air 1988 sc 121 while dealing witha case of demand of down wherein the petition of the wife had been dismissed when dowry was demanded by the husband what was observed in the ease was as under : '4. ..... respondent-wife filed a petition for dissolution of marriage by a decree of divorce under section 13 (1) (i-a) of the hindu marriage act, 1955. ..... was not the case of the wife that the dowry was demanded directly from her father. ..... explanation to section 498 a provides that any wilful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute cruelty ..... him neither he demanded any dowry nor the petitioner brought rs. ..... section 13 (1) (i-a) uses the words 'treated the petitioner with cruelty' ..... demand of dowry in the circumstances of this case, and husband having admittedly received, money from his father-in-law is a further ground for uphholdirig the decree of the trial .....

State of H.P. Vs. Lal Singh

Court : Himachal Pradesh

Reported in : 2003CriLJ1668

..... 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 sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961) ..... the above ratio to the case of the respondent, the learned sessions judge seems to have been influenced by the fact that minimum punishment provided for an offence punishable under section 304-b of the indian penal code is seven years, therefore, this sentence being less than ten years, the charge-sheet ought to have been presented against the respondent ..... thus, the only question for determination in this revision petition is whether, in a case where the accused is, inter alia, alleged to have committed an offence punishable under section 304-b of the indian penal code and is in custody because of pendency of investigation, right to be enlarged on bail , will accrue to the accused if the charge-sheet is not submitted ..... grievance of the petitioner is that since one of the offences alleged to have been committed by the respondent is under section 304-b of the indian penal code, therefore, the respondent could have been released on bail under section 167 of the code only if the charge-sheet was not presented within 90 days and not on the ground that .....