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Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 Court: delhi Page 2 of about 15,651 results (0.064 seconds)

Sep 18 2006 (HC)

Pradeep Mehta Vs. State and anr.

Court : Delhi

Reported in : 2006(91)DRJ384

..... circumstances within seven 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 purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... ) 1051, : (1984) 2 scc 500 and air 1961 sc and a judgment of rajasthan high court reported as : 1982 crl.l.j. ..... (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.14. .....

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Feb 13 1986 (HC)

Harbans Lal Khetrapal and ors. Vs. Balbir Singh and anr.

Court : Delhi

Reported in : 30(1986)DLT66

..... suniti khetrapal and kapil under sections 3 and 6 of the dowry prohibition act, 1961 and section 384 and 406 indian penal code read with section 120-b. ..... kaushik, metropolitan magistrate, new delhi, whereby the petitioners were summoned for an offence under sections 3 and 6 of the dowry prohibition act and also under sections 384 and 406 indian penal code read with section 120-b of the code. .....

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Oct 24 2007 (HC)

Vishwanatha Tantri (Ex-branch Manager, Mhdfc, Bangalore Branch) Vs. th ...

Court : Delhi

Reported in : 2008CriLJ1093; 2007(99)DRJ451

..... 2(wife of one of the appellants) filed a complaint in the court of the magistrate alleging commission of offences punishable under sections 498a and 406 ipc and section 4 of the dowry prohibition act, 1961. ..... is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done.181.place of trial in case of certain offences-(4) any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of ..... local areas an offence was committed, or(b) where an offence is committed partly in one local area and partly in another, or(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.179. ..... the first is that the offender has done an act and the second is that a consequence has followed from such act and the offender is being tried for the offence as a result of both the act and the consequence; or, in other words, the act by him does not by itself render him liable for the offence and that it is the act coupled with the consequence which constitutes the offence and makes him liable for it. .....

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Oct 24 2007 (HC)

Prabhakar Venkappa Bhat and ors. Vs. State of Delhi and ors.

Court : Delhi

Reported in : 2008CriLJ1109; 2007(99)DRJ278

..... filed a complaint in the court of the magistrate alleging commission of offences punishable under sections 498-a and 406, ipc and section 4 of the dowry prohibition act, 1961. ..... an offence is committed partly in one local area and partly in another, or(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.179. ..... is that the offender has done an act and the second is that a consequence has followed from such act and the offender is being tried for the offence as a result of both the act and the consequence, or, in other words, the act by him does not by itself render him liable for the offence and that it is the act coupled with the consequence which constitutes the offence ..... act is an offence by reason of relation to other offence - when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act ..... and if the offence was completed by the act followed by the consequence, then the court where the act was committed and the court where the consequence ensued will both have jurisdiction to try the offence.it has been laid down in air 1924 all 77 : (1923) (24) lj .....

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Feb 11 1983 (HC)

Lajpat Rai Sehgal and Others Vs. the State

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. ..... on 17th july, 1980, sub-inspector pratap singh applied, under section 155(2), criminal procedure code, for permission to investigate the non-cognizable offences under sections 3 and 4 of the dowry prohibition act, 1961 (to be referred to in short as 'the act'). ..... the dowry prohibition act has not so provided. 28. ..... prem alias santosh who was married to lajpat rai sehgal accused as a consideration of said marriage and thereby committed an offence punishable under section 4 of the dowry prohibition act. ..... what was being considered in that case were the provisions of the act, as amended, by the dowry prohibition (punjab amendment) act 1966. ..... apart from this, it appears to me that since the giving and taking of dowry is a social malaise and the object and the aim of the act is to prohibit and prevent this evil practice, the state, as a predominant party concerned with the welfare of the citizens and the society, must assist in eradicating this ill. 34. ..... section 4 of the act pertains only to dowry demands directly or indirectly from the parents or guardian of the bride or bridegroom : whereas section 2 defines dowry as property of valuable security given or agreed to be given by persons mentioned therein as consideration for the marriage. .....

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May 22 1981 (HC)

inder SaIn and Another Vs. the State

Court : Delhi

Reported in : 1981CriLJ1116

..... the present petitioner under section 482 of the code of criminal procedure is for quashing the proceedings pending against the petitioners and three others under sections 3 and 4 of the dowry prohibition act, 1961 (hereinafter referred to as dowry act) in the court of shri o. p. ..... it was contended by the learned counsel for the state that the word 'complaint' in clause (b) of section 7 of the dowry act (reproduced already) did not give any indication that it should be made to a magistrate, that, thereforee, a complaint could be made to the police, that in the present case complaint to the police was made on march 13, 1979 which ..... learned counsel contended that in the present case even if prosecution for the petitioners under the dowry act could not be held in view of the bar of limitation they could be prosecuted for cheating as, according to the complainant as stated in the complaint, petitioners falsely represented to the father of the complainant that ashok was a very ..... it was held that even if a person or persons could not be proceeded against under the dowry act, cognizance of any offence under the indian penal code be taken if facts warranted the same ..... reliance of the learned counsel for the petitioners is on section 7(b) of the 'dowry act' which reads as under :- 'notwithstanding anything contained in the code of criminal procedure, 1898 (5 of 1898) (b) no court shall take cognizance of any such offence except on a complaint made within one year from the date of offence.' .....

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Jan 30 1986 (HC)

inder Raj Malik and ors. Vs. Sunita Malik

Court : Delhi

Reported in : 1986CriLJ1510; 1986(2)Crimes435; 1986RLR220

..... offends against the principle of double jeopardy' in as much as demand of dowry or any property is punishable both under section 4 of the dowry prohibition act, 1961 as well as section 498a indian penal code . ..... is distinguishable from section 4 of the dowry prohibition act because in the latter mere demand of dowry of punishable and existence of element of ..... in respect of both the offences punishable under section 4 of the dowry prohibition act and section 498a ipc. ..... contention of the learned counsel for the accused was that section 498-a indian penal code came into force on 25th december 1983, which was the late of criminal law (second amendment) act, 1983, that the complainant even according to her allegations had not been residing in the matrimonial home after 20th february 1982, that thereforee there could not be commission of any offence ..... similar to section 5(2) of the prevention of corruption act and section 409 indian penal code and in such a case it was held by the supreme court in state of madhya pradesh v veereshwar rao agnihotri, : 1957crilj892 that there could be no objection to a trial and conviction under section 409 indian penal code even if the accused had been acquitted of an offence under section 5(2) of the prevention of corruption act and that article 20(2) of the constitution had no ..... pomp and show and expenditure the betrothal ceremony and marriage of the complainant took place and as to how lot of dowry as well as articles demanded by the accused were given. .....

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Jul 29 2013 (HC)

JamaluddIn Ansari Azad Vs. State and Another

Court : Delhi

..... in pooja saxena (supra) it was observed that the observations made in neera singhs case were obiter and does not constitute a binding precedent for the reason that the provision of dowry prohibition act, 1961 were not the subject matter of the dispute before the court in the petition u/s 482 cr.p.c in that case. ..... thus, it is clear that fir no.596/2010 registered against the present petitioner u/s 3 of the dowry prohibition act, 1961 is based upon the statements made by the daughter of the petitioner in her complaint to caw cell and the other petitions.11. ..... mandawali as well as in her petition u/s 125 cr.p.c and another petition u/s 12 of protection of women from domestic violence act made categorical allegations that demand of dowry was a precondition to marriage by the husband and in-laws and pursuant to that, the dowry was given, which, prima facie amounts to admission of commission of an offence u/s 3 of the dowry prohibition act, 1961 by the petitioner and his family members.7. ..... learned counsel for the petitioner referred to the objects and reasons of the dowry prohibition act, 1961 wherein it was stated that the ancient marriage rites in the vedic period are associated with kanyadan. ..... learned counsel for respondent no.2, on the other hand, has argued in favour of the impugned order dated 29.10.2010 of learned additional sessions judge, inasmuch, as per section 3 of dowry prohibition act, 1961 giving of dowry is also prohibited, and is a punishable offence. .....

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Jul 18 2014 (HC)

Sudhakar Singh Vs. State

Court : Delhi

..... in pawan kumar s case (supra), section 2 of the dowry prohibition act, 1961 was interpreted and it was highlighted that the dowry prohibition act, 1961 was enacted to provide effective check on the evil practice of dowry and its ill effect. ..... than under normal circumstances within seven years of marriage; (ii) it should be shown that soon before her death, she was subjected to cruelty or harassment by her husband or relative of her husband for or in connection with any demand of dowry; and (iii) the term dowry shall have the same meaning as defined in section 2 of the dowry prohibition act, 1961.7. ..... -for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... a demand for meeting financial stringency may not fall within the ambit of the term dowry as defined under the dowry prohibition act. ..... section 2 of the dowry prohibition act reads: 2. ..... page 17 of 34 section 113a and 113b of the evidence act were inserted by criminal law (second amendment) act, 1983 (act 46 of 1983) dowry prohibition (amendment) act (43 of 1986) respectively.25. ..... be punished under when the question at issue is whether a person is guilty of dowry death of a woman and the evidence discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry, section 113b, evidence act provides that the court shall presume that such person had caused the dowry death. .....

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Dec 10 2014 (HC)

Momin Iqbal Vs. State

Court : Delhi

..... 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). ..... view of the above, the demand, if at all made by the appellant for running a show room of shoes, cannot be termed to be a demand in connection with the marriage and is not a dowry demand within the meaning of section 2 of the dowry prohibition act 1961.29. ..... appreciate that the demand, if at all made by the appellant on the deceased for purchasing a computer to start a business six months after the marriage, was not in connection with the marriage and was not really a `dowry demand within the meaning of section 2 of the dowry prohibition act, 1961. 28. ..... of maharashtra, air2007sc763 it was submitted that even if it is presumed that such a demand was made, it was not really a dowry demand within the meaning of section 2 of dowry prohibition act, 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 ..... after referring to section 2 of the dowry prohibition act and section 304b ipc, it was observed as under: in view of the aforesaid definition of the word "dowry" any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the .....

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