Court : Gujarat
Reported in : 1992CriLJ1994
..... need for framing the rules :--now in dowry prohibition act, 1961, the central government and the state government respectively have been vested with the necessary discretionary power to make rules for carrying out the purposes of the act under sections 9 and 10. ..... of police, eastern division, anjar, against the respondent for the alleged offences under sections 302 and 498-a of ipc and also under section 4 of the dowry prohibition act 1961 which came to be registered as i. cr no. ..... concerned official; (iii) to issue circulars to all police stations regarding the gravity and seriousness of the dowry death and need for immediate arrest of the accused persons; and (iv) the legislature may as well consider incorporating some provisions in the dowry prohibition act akin to section 4 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 providing for the punishment for neglect of duties in order to make the concerned investigating officer liable ..... appears to this court that to ensure the effective implementation of the dowry act, the state government may also take some measures by framing rules on the line of section 21(1)(i)(iv)(v) and (vi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. ..... appears that except the central government and the state of west bengal, no other state has so far evinced any interest in framing the rules for effectively carrying out the object of the act to meet with the menacing problem of dowry death. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1697
..... a-2, a-3 and a-5) of both these appeals have been convicted for the offences punishable under sections 304b and under section 498a of the indian penal code ('ipc' for short) and under section 4 of the dowry prohibition act, 1961 ('the act' for short) and sentenced to suffer r.i. ..... court, ahmedabad ('the trial court' for short) who had initially framed charge against the accused for commission of the offences under sections 498a and 304b ipc and section 4 of the act which came to be subsequently amended as per order recorded below ex.91 by adding section 302 read with section 114 ipc as well as section 201 read with section 114 ipc. ..... of the evidence which we have discussed at length in the foregoing paragraphs of this judgment, which are highly exaggerated, improbable, bristled with a lot of contradictions and improvements and since their involvement with regard to demand of dowry for not terminating the pregnancy has not been proved by the prosecution beyond reasonable doubt, they are entitled to the benefit of doubt.23. ..... accused, the impugned judgment and order convicting and sentencing the accused for commission of the offences punishable under sections 304b and under section 498a ipc and under section 4 of the act deserves to be quashed and set aside by allowing both these appeals and by acquitting the accused of the offences with which they are charged. ..... not dowry within the meaning of section 2 of the act. ..... amounts to demand of dowry within the meaning and definition of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ3843; (2008)3GLR2519
..... - 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). ..... 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. ..... while dealing with a case relating to punjab borstal act, 1926, this court held that a person convicted under section 302, ipc and sentenced to life imprisonment is not entitled to benefit of section 5 of the said act as offence of murder is punishable with death. ..... shows that whoever commits 'dowry death' in terms of section 304b, ipc shall be punished with an imprisonment for a term which shall not be less than 7 years but which may extend to imprisonment for life. ..... (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.167, cr.p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]2ITR1781(Guj)
..... so far as the offence punishable under sections 3 and 4 of the dowry prohibition act, 1961 is concerned, as discussed above in this judgment, we do not find that they are guilty of these ..... of such cogent and clear evidence on record, we do not agree with the submission made by the learned counsel for the respondents that merely because no individual over act is attributed to any of the accused persons during the course of evidence adduced by the prosecution, on that count alone both the accused persons deserve acquittal.15.1. ..... however, considering the scheme of section 498a of the ipc, it is not necessary that if demand of dowry is made and subsequently on that count cruelty was caused to a married woman by her husband or any of the relatives of her husband, then only offence under section 498a of the ipc is ..... the entire evidence on record, it becomes crystal clear that no case of either causing cruelty to victim anjuben by the accused or the case for attempting to commit her murder by the accused or the so-called demand of dowry has been established by the prosecution. ..... both the accused for the offences punishable under sections 307, 498a read with section 114 of the indian penal code as well as punishable under sections 3 and 7 of the prevention of dowry act. ..... were original accused for the offences punishable under sections 307, 498a read with section 114 of the indian penal code [for short 'ipc'] as well as punishable under sections 3 and 7 of the prevention of dowry act.2. .....
Tag this Judgment!Court : Gujarat
Reported in : II(2003)DMC264
..... the accused were charged for the offences under section 498-b, 333, 504, 506(2) read with section 114 of the indian penal code and also section 3 of dowry prohibition act, 1961. ..... court has recorded that sudhaben who is `derani' (wife of younger brother of husband) has deposed that the complainant did not have any grief or harassment and that the accused were not demanding any dowry. .....
Tag this Judgment!Court : Gujarat
Reported in : II(2005)DMC79; (2005)1GLR292
..... code and under section 4 & 5 dowry prohibition act, 1961 in respect of death of vaishali, wife of present petitioner no.1. .....
Tag this Judgment!Court : Gujarat
..... 13 of 2003 filed by respondent no.1 wife, filed against her husband and in-laws alleging offence punishable under section 498-a, 323, 420 read with section 114 of indian penal code and section 3 & 4 of the dowry prohibition act, 1961, have approached this court under section 482 of criminal procedure code, seeking quashing of the complaint arising there from on the grounds that the respondent no.1 the complainant has filed this complaint by abusing the ..... she had started her family life with accused no.1 husband and dowry was given to accused no.1 husband given by her parents.she gave birth to a child on 17/10/1987 at bhavnagar and thereafter another child was born on 20/9/1995. ..... narration of the complaint does not indicate any overt act on the part of the present petitioners, except the action accused no.1 husband to be investigated. 8. .....
Tag this Judgment!Court : Gujarat
..... of dowry prohibition act, 1961. ..... of the dowry prohibition act, 1961. ..... 4 of the dowry prohibition act, but also to such cases where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to 7 years; whether with or without fine ..... 4 of the dowry prohibition act. ..... 37/2013 for the alleged offences under section 213, 214, 217 and 120 (b) of ipc read with section 7, 8, 9, 12, 13(1) of prevention of corruption act and/or arising out of charge sheet dated 9/2/2014 until further order; (c) pending hearing and final disposal of the present application, this hon'ble court be pleased to stay the further proceeding in relation to ..... 37/2013 for the alleged offences under section 213, 214, 217 and 120 (b) of ipc read with section 7, 8, 9, 12, 13(1) of prevention of corruption act as well as charge-sheet dated 9/2/2014 qua present applicant as much as to the extent of showing name of the applicant in the charge-sheet as an ..... syed, the learned counsel appearing for the applicant vehemently submitted that the investigating agency has acted in a very high-handed manner in the present case and for no fault on the part of his client he is being harassed ..... is sought to be prosecuted of the offence under sections 213, 214, 217 and 120-b of the indian penal code read with sections 7, 8, 9, 12, 13(1) of the prevention of corruption act, 1988 on the strength of a first information report registered with the dcb police station, surat vide i-cr no.37/2013. 3. .....
Tag this Judgment!Court : Gujarat
..... of dowry prohibition act, 1961. ..... of the dowry prohibition act, 1961. ..... 4 of the dowry prohibition act, but also to such cases where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to 7 years; whether with or without fine ..... 4 of the dowry prohibition act. ..... 37/2013 for the alleged offences under section 213, 214, 217 and 120 (b) of ipc read with section 7, 8, 9, 12, 13(1) of prevention of corruption act and/or arising out of charge sheet dated 9/2/2014 until further order; (c) pending hearing and final disposal of the present application, this hon'ble court be pleased to stay the further proceeding in relation to ..... 37/2013 for the alleged offences under section 213, 214, 217 and 120 (b) of ipc read with section 7, 8, 9, 12, 13(1) of prevention of corruption act as well as charge-sheet dated 9/2/2014 qua present applicant as much as to the extent of showing name of the applicant in the charge-sheet as an ..... syed, the learned counsel appearing for the applicant vehemently submitted that the investigating agency has acted in a very high-handed manner in the present case and for no fault on the part of his client he is being harassed ..... is sought to be prosecuted of the offence under sections 213, 214, 217 and 120-b of the indian penal code read with sections 7, 8, 9, 12, 13(1) of the prevention of corruption act, 1988 on the strength of a first information report registered with the dcb police station, surat vide i-cr no.37/2013. 3. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR198
..... whether mere enactments of certain special acts by the parliament such as (i) the indecent representation of women (prohibition) act, 1986, (ii) the commission of sati (prevention) act, 1987, (iii) andhra pradesh devdashis (prohibition & dedication) act, 1988, (iv) the medical termination of pregnancy act, 1971, (v) the maternity benefits act, 1988, (vi) the national commission for women act, 1990, (vii) dowry prohibition act, 1961, (viii) adding section 304-b (dowry-death) in i.p. ..... this we are tempted to say so because our parliament in recent past only has enacted the indecent representation of women (prohibition) act, 1986. ..... code (cruelty by husband), (x) adding sections 113(a) (presumption as to the abetement of suicide by married women), 113-b (presumption as to dowry-death) and 114-a (presumption as to absence of consent in certain prosecutions for rape) in the indian evidence act, (xi) immoral traffic (prevention) act, 1956 and many others, can be said to be 'be all and end all' of the matter in face of increasing crimes against girls and women which can certainly be attributed to very great extent to dirty film culture ..... sections 3 and 4 of the said act pertain to the prohibition of advertisements containing indecent representation of women and publication of books, pamphlets, films, ..... this particular act has been specially enacted to prohibit indecent representation of women or depriction in any manner appealing to the baser instinct of young and old corrupting their .....
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