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Gursharan Singh Vs. Smt. Gursharan Kaur

Court : Delhi

Reported in : 1990CriLJ2469; 1989(16)DRJ362

..... of the dowry prohibition act, 1961 as the complaint having been filed beyond the period of limitation as prescribed in section 6 of the act could not ..... 6 of the dowry prohibition act, 1961 but i direct that the magistrate shall proceed against the accused for an ..... in the dowry prohibition act 1961 there is a ..... the dowry prohibition act 1961 is ..... dowry prohibition act 1961 ..... section 6 of the dowry prohibition act 1961. 2. ..... connection with whose marriage it is given, that person shall transfer it to the woman : (a) if the dowry was received before marriage within one year after the date of marriage; or (b) if the dowry was received at the time of or after the marriage; within one year after the date of its receipt; or (c) if the dowry was received when the woman was a minor, within one year after she has attained the age ..... from the allegations made in the complaint as well as in the evidence led before summoning the accused that the articles of dowry claimed by the complainant have been retained by the accused and thereby the ingredients of the offence punishable under section 406, i.p.c ..... act was to force the persons who continue to retain the dowry items with them belonging to the woman so that the womenfolk of this country should have some economical security if they have control over the dowry ..... of the dowry articles as shown in mark 'x' in annexure 'a' filed along with the complaint had not been returned and thus the accused had committed an offence punishable under section 6 of the act. 3 .....

Dr. Janak Raj Jai Vs. Lt. Governor of Delhi and anr.

Court : Delhi

Reported in : 2002VIIAD(Delhi)537; 97(2002)DLT800; I(2002)DMC778

..... 1 to implement provisions of section 8-b of dowry prohibition act 1961 by making appropriate rules and issuing requisite notification for appointment of dowry prohibition officers and advisory boards. ..... petitioner's case is that parliament had enacted dowry prohibition act to protect and eradicate the evil of dowry but had failed to enforce its section 8-b which provided for appointment of dowry prohibition officers woh were to be conferred powers of police officers. ..... as a result, no dowry prohibition officers were appointed and on the contrary 'crime against women cells' were set up in the police department which were non-statutory bodies and had no legal authority to discharge the functions of dowry prohibition officers and which were incompetent to exercise any power under the dowry prohibition act and thus required to be wound up.3. ..... it is pointed out by r-1 that supreme court was also seized of the matter regarding enforcement and implementation of dowry prohibition act in cwp no. ..... it is also claimed that nct government had appointed 9 additional dowry prohibition officers by designation vide notification dated 3.9.98 in addition to those appointed under first notification dated 14.12.87 that rules were also in the process of being finalised shortly.4. ..... no rules under section 10 of the act were also framed even 10 years after its enactment. ..... 's and the rules under the act being in pipeline. .....

Madan Lal and ors. Vs. Amar Nath

Court : Delhi

Reported in : 1984(2)Crimes584; 26(1984)DLT480; 1984(7)DRJ317; 1984RLR697

..... petition under section 482 of the code by the husband, his parents, brother and sister-in-law, is directed against proceedings in a complaint filed by the wife's father against them for offences ''under section 2 and 3' of the dowry prohibition act, 1961 and the order of the learned additional sessions judge reversing in revision the order of the trial court by which the trial court dismissed the complaint on the ground that the 'offences' alleged were not ..... by and order of december 20, 1982, the court found sufficient grounds to proceed against all the accused persons under section 3 of the dowry prohibition act, 1961 and directed them to be summoned. ..... it was further urged that the post-marital demands would be outside the mischief of the expression 'dowry', as defined in section 2 of the act, and could, if at all, attract the penal provision of section 4, a complaint of which is not maintainable without the prior sanction of the state government and there is neither a complaint of that offence nor were the petitioners summoned in ..... on the other hand, it was urged on behalf of the complainant that the allegations, inter alia, in para (4) of the complaint contain a specific allegation of demand of dowry at the time of marriage besides a similar demand on other occasions and that this averment in the complaint clearly made out a case of an offence under section 3 of the act, irrespective of the manner in which the expression 'dowry' as defined in section 2, was interpreted. .....

Harbans Singh and Others Vs. Smt. Gurcharan Kaur

Court : Delhi

Reported in : 1990CriLJ1591; I(1990)DMC416

..... 4 of the dowry prohibition act, 1961 (for short 'the act'). ..... i am not laying down that the offence contemplated under section 4 of the act is a continuing offence but what i am emphasising is that every demand of dowry whenever repeated constitutes another offence and thus, the dates of commission of the offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. ..... 2 of the act even though the said dowry items are given after the performance of the marriage but if no dowry items have been agreed or demanded as consideration for the marriage then even if some demand of dowry is made after the performance of the marriage, the latter would not come within the meaning of 'dowry' as given in s. ..... 7 of the act (before amendment) prohibits the court from taking cognizance of an offence except on a complaint made within one year from the date of the offence. ..... 3 of the act which reads as follows : 'if any person, after the commencement of this act, gives or takes or abets the giving or taking dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both.' 10. ..... 2 of the unamended act defined 'dowry' as any property or valuable security given or agreed to be given either directly or indirectly ...... .....

Pooja Saxena Vs State and Another

Court : Delhi

..... learned counsel for the petitioner referred to section 7(3) of the dowry prohibition act and contended that aforesaid provision of the act provides for the protection from prosecution to the person aggrieved by the offence under the dowry prohibition act, 1961, as such the learned acmm ought not to have directed the registration of the fir. ..... the above observation of this court obviously is an obiter and does not constitute a binding precedent for the reason that the provisions of the dowry prohibition act 1961 were not the subject-matter of the dispute before the court in the petition under section 482 cr.p.c. ..... roop nagar, as well as in her petition section 24 of the hindu marriage act and in her petition under section 12 of the domestic violence act, 2005 made categoric allegations that demand of dowry as a precondition to marriage was made by the husband and in-laws of the petitioner and pursuant to that demand huge dowry was given which, prima facie, amounts to admission of commission of an offence under section 3 of the dowry prohibition act, 1961 by the petitioner and her parents.6. ..... thus, it is clear that fir no.59/2010 registered against the petitioner under section 3 of the dowry prohibition act, 1961 is based upon the statements made by the petitioner in her complaint to caw cell and above noted petitions. ..... while deciding said issue, this court, taking note of section 3 of dowry prohibition act 1961 and the rules framed there under made following observations:- "3. .....

Ram Gopal Vs. Bhupinder Kumar and anr.

Court : Delhi

..... in his submission the case of the appellant was covered within the proviso to sub section 3 of section 6 of the dowry prohibition act, 1961 (hereafter called the said act) which provided that where a woman dies within 7 years of her marriage otherwise than due to natural causes, property shall if she has no children be transferred to her parents and in the instant case the ..... whether the case of the appellant was covered under sub- section 3 of section 6 of the dowry prohibition act, 1961 which provides that where a woman dies within 7 years of a marriage otherwise than due to natural causes, property shall, if she has no children, be transferred to ..... of law raised by the appellant are thus answered as under:- since the amendment incorporated in section 6 of the dowry prohibition act, 1961 is not retrospective, it would come into force after the same became effective i.e. ..... appeal, the learned adj has not accepted the contentions of the appellant that sub-section 3 of the section 6 of the dowry prohibition act, 1961 (which provision has admittedly come into the statute book only w.e.f. ..... whether the amended provisions of dowry prohibition act, 1961 could be applied to an incident which occurred in the ..... amendment dated 19.11.1986 of the dowry prohibition act, 1961 was retrospective in nature? ..... law for seeking the reliefs prayed for was not well and correctly relied upon before the trial court and in fact the reliefs sought were covered under section 6 of the dowry prohibition act, 1961. .....

Phool Singh and anr. Vs. the State

Court : Delhi

..... for the purpose of this section, 'dowry death' shall have the same meaning as in section 304-b of the indian penal code (45 of 1860).furthermore the term 'dowry' has been defined in section 2 of the dowry prohibition act, 1961 as under:definition of 'dowry'. ..... 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 evidence adduced by the prosecution does not, therefore, show that any demand for 'dowry' as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing ..... 20,000/- for chuk chuk ceremony does not come within the ambit of dowry demand as defined under section 2 of the dowry prohibition act, and thus there cannot be any conviction under section 498-a and 304-b ..... 000/- was a demand of dowry under section 304-b of the indian penal code read with section 2 of the dowry prohibition act.46. ..... also contends that assuming without admitting the fact that demand made at the birth of the child would not fall in the definition of dowry he submitted that in view of the acts of the appellants and the cruelty inflicted upon the deceased by them, the case would fully covered under section 306, ipc. ..... section 498-a, ipc deals with cruelty subjected on a woman by her husband or a relative; section 304-b ipc along with 113-b, evidence act deals with dowry death and presumption as to dowry death. .....

Sanjiv Vs. State

Court : Delhi

Reported in : 164(2009)DLT459

..... the pw1 and pw2 and the same cannot be said to be in relation to dowry as it does not fall under the definition of dowry as defined under section 2 of the dowry prohibition act, 1961 as the said demand is not made in relation to marriage of the deceased and ..... or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.the term 'dowry' has been defined in section 2 of the dowry prohibition act, 1961 (in short 'the dowry act') as under:2. ..... dowry' shall have same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961) ..... is read together with section 113-b of the evidence act, a comprehensive picture emerges that if a married woman dies in unnatural circumstances at her matrimonial home within 7 years from her marriage and there are allegations of cruelty or harassment in connection with demand of dowry by the husband or relatives of the husband, the case would squarely come under 'dowry death' and there shall arise a presumption against the ..... the evidence act shall be raised only on proof of the following essentials:(1) the question before the court must be whether the accused has committed the dowry death of ..... --in this act, 'dowry' means 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 .....

Dinesh Mehta Vs. the State (Nct of Delhi)

Court : Delhi

Reported in : 2007CriLJ3834; II(2007)DMC334

..... purpose of this sub-section, ``dowry'` shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... the death of a woman, the difference, thereforee, between sections 304b and 306, ipc primarily remains in regard to the demand of dowry, which is an essential ingredient of section 304b, ipc and is not so for the purposes of an offence under section 306, ipc ..... ;(3) soon before her death, such woman must have been subjected to cruelty or harassment by her husband or any relative of her husband;(4) such harassment or cruelty must be connected with the demand for dowry;(5) such cruelty must be shown to have been meted out to the woman soon before her death.10. ..... 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. ..... 2003crilj69 would show that there should be an element of proximity between the demand for dowry, and the death, for the case to be covered by section 304-b. ..... be taken as an aggravated form of section 306, ipc in regard to the death of a woman, who is harassed on account of dowry demands and dies within seven years of her marriage. ..... decided is if the death of manju having occurred in the circumstances described above can be considered as a ``dowry death'` within the meaning of section 304b ipc. .....

Harbans Singh and ors. Vs. Gurcharan Kaur and

Court : Delhi

Reported in : 40(1990)DLT293; 1990(18)DRJ112; 1990RLR33

..... (1) this petition has been brought under section 482 of the code of criminal procedure, seeking quashment of the complaint pending before the metropolitan magistrate under section 4 of the dowry prohibition act, 1961 (for short 'the act'). ..... for the marriage are not given at the time of the marriage, still those items of dowry would continue to be covered by the definition of 'dowry' given in section 2 of the act even though the said dowry items are given after the performance of the marriage but if no dowry items have been agreed or demanded as consideration for the marriage then even if some demand of dowry is made after the performance of the marriage, the latter would not come within the ..... demanded as consideration for the marriage, which come within the definition of 'dowry' in section 2 of the act, if are given prior to the marriage or at the time of the marriage, the person taking such dowry items would be guilty of offence punishable under section 3 of the act which reads as follows : 'if any person, after the commencement of this act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which .....