Court : Supreme Court of India
..... the respondent-wife retorted by filing a criminal complaint against the appellant as well as seven members of his family for offences under section 307 read with sections 34, 148a, 384, 324 of the ipc, and sections 4 and 6 of the dowry prohibition act, 1961. ..... the respondent-wife also filed a petition under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. ..... it is not her case that she had actually narrated all these facts to the investigating officer, but that he had neglected to mention them. ..... we have, however, restricted him to the ground of alleged cruelty on account of the filing of a criminal complaint by the respondent against the appellant and several members of his family under sections 498a and 307 of the indian penal code (ipc). ..... to draw our attention to all the arguments that had been addressed before the high court on behalf of the appellant-husband in support of his claim for dissolution of his marriage to the respondent by a decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955. ..... that the respondent-wife knowingly and intentionally filed a false complaint, calculated to embarrass and incarcerate the appellant and seven members of his family and that such conduct unquestionably constitutes cruelty as postulated in section 13(1)(ia) of the hindu marriage act. ..... on the night of 29th/30th june, 1995, the respondent left the matrimonial house and ever since then she has been living with her brother, who is a senior ias officer. .....
Tag this Judgment!Court : Karnataka
..... shaikh //vs// the state of maharashtra crl.a.no.1406 of 2008 relating to the scope of section 2 of the dowry prohibition act, 1961, section 113b of the evidence act, 1872 and sections 304 b, 304b(1), 306, 34 and 498a of the ipc.7. ..... state of karnataka crl.a.no.470 of 2007 relating to section 3 and 4 of the dowry prohibition act, 1961, sections 113b & 60 of the evidence act, 1872 and sections 304b and 498a of the ipc.5. ..... and others //vs// state of haryana - - crl.a.no.604 of 1991 relating to section 2 of the dowry prohibition act, 1961, section 113 of the evidence act, 1872 and sections 107 and 304 of the ipc.2. ..... criminal appeal coming on for dictating judgment this day, the court delivered the following: judgment the appeal is directed against the judgment of conviction and order of sentence rendered by the presiding officer, fast track court, ramanagara in 3 s.c.no.193/2005 dated 12.11.2010/25.11.2010, convicting appellant nos.1 to 3 / accused nos.1 to 3 for the offences punishable under sections 3, 4 and 6 of the dowry prohibition act of 1961 and so also for offences under section 498 a read with section 34 of the ipc. ..... @ babbu @ ballu //vs// state of uttar pradesh crl.a.no.4887 of 2017 relating to the scope of sections 3 & 4 of the dowry prohibition act, 1961 and sections 498a, 304b, 34, and 302 of the ipc. ..... karnataka //vs// suvarnamma & another crl.a.no.785 of 2010 relating to sections 3, 4 and 6 of the dowry prohibition act, 1961, and sections 498a and 304b of the ipc.25. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
..... (3) while framing charges under sub- section (1), the magistrate may also frame charges under section 498a of the indian penal code (45 of 1860) or any other provision of that code or the dowry prohibition act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of ..... of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on ..... the learned magistrate while partly allowing the petition of the wife filed under section 12 of the protection of women from domestic violence ct, 2005 ( the act for brevity), prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the ..... he is ordered for imprisonment, during the course of recovery of the monetary benefit or in a proceeding initiated under section 31 or 33 of the act, the order of the magistrate which is civil in nature when prosecuted on its breach takes the complexion of an offence ..... - if any protection officer fails or refuses to discharge his duties as directed by the magistrate in the protection order without any sufficient cause, he shall be punished with imprisonment of either description for a term which may ..... officer. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193
..... -section (1), the magistrate may also frame charges under section 498a of the indian penal code or any other provision of that code or the dowry prohibition act, 1961, as the case may be, if the facts disclose the commission of an offence under those provisions.the offence under section 31 of the act will be cognizable and non-bailable as provided under section 32 of the act.section 8 of the act provides for appointment of the protection officer and section 33 of the act ..... and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from--(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by ..... on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act:provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider;on perusal of the aforementioned proviso appended to the provision, it appears that before passing any order ..... report from the protection officer under section 12 of the act has been called.sub-section (1) of section 12 of the act goes as under:12. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
Reported in : 1983CriLJ888; 1983(1)Crimes737; 23(1983)DLT314; 2003(5)DRJ1
..... the point in issue in this petition, pertains pre-eminently to the interpretation of certain provisions of the dowry prohibition act, 1961 and sections 2(d) and (r) and 470(3) of the code of criminal procedure. 2. ..... but even apart from this, it is apparent from section 4 of the act, that cognizance cannot be taken by the court of any offence under this section without 'the previous sanction of the state government or of such officer as the state government may, by general or special order, specify in this behalf.' 13 ..... 2(b) a report by a police officer, in the case of a non-cognizable offence, which has been investigated after obtaining permission under section 155(2), criminal procedure code, is not a complaint within the meaning of section 7(b) of the act. ..... only on the complaint of specified persons or officer as in sections 195 to 199 of the code, there is no impediment in investigation. ..... 2(a) under section 7(b) of the act a complaint has to be filed by the aggrieved party : as such a complaint by the investigating officer is not in compliance with the said ..... as soon as the investigation was completed, which was to be completed without unnecessary delay, the officer in charge of the police station forwarded to the magistrate empowered to take cognizance of the offence, a police report. 31 ..... is, thereforee, clear that in the facts and circumstances of the present case the complaint by the investigating officer can be a complaint within the terms of section 7(b) of the act. 23. .....
Tag this Judgment!Court : Gujarat
..... 4 of the dowry prohibition act, 1961. ..... -a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; (2) all police officers be provided with a check list containing specified sub-clauses under section 41(l)(b) (ii); (3) the police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the magistrate for further ..... of police of the district for the reasons to be recorded in writing; (6) notice of appearance in terms of section 41a of cr.pc be served on the accused within two weeks from the date of institution of the case, which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; (7) failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for ..... detention; (4) the magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction .....
Tag this Judgment!Court : Gujarat
..... 4 of the dowry prohibition act, 1961. ..... -a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; (2) all police officers be provided with a check list containing specified sub-clauses under section 41(l)(b) (ii); (3) the police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the magistrate for further ..... of police of the district for the reasons to be recorded in writing; (6) notice of appearance in terms of section 41a of cr.pc be served on the accused within two weeks from the date of institution of the case, which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; (7) failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for ..... detention; (4) the magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction .....
Tag this Judgment!Court : Kerala
Reported in : [2004]135STC78(Ker)
..... in other words, the deputy commissioner must confine himself to the records based on which the assessing authority has passed the order, for, section 35 of the act confers power on the deputy commissioner only to call for and examine any order passed or proceedings recorded under this act by any officer subordinate to him and to make such enquiry or cause such enquiry to be made and subject to the provisions of the act may pass orders thereon. ..... , the jurisdiction of the sales tax officer to assess the escaped turnover under section 19 of the act. ..... case of income escaping assessment is necessarily a case of error in the original assessment, whether this be due to the assessing authority, namely, the income-tax officer, not having all the materials before him or to his reaching a wrong conclusion on the materials and that this error in the assessment proceeding, section 34 authorises the commissioner to correct without any limitation as to time and after making such enquiry as he thinks fit which means that he can gather ..... stringent procedure must give way to the less stringent also is without any substance in view of the legal position that the powers conferred on the assessing authority under section 19 for reopening the assessment and the powers conferred on the deputy commissioner under section 35 of the act are distinct and different and a valid exercise of the revisional power is not an infringement of the power, of assessing escaped turnover.for the reasons state above, the .....
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