Court : Orissa
Reported in : 58(1984)CLT184; 1984(II)OLR709
..... the complainant and the respondents were the accused persons facing trial for commission of offences punishable under sections 3 and 4 of the dowry prohibition act, 1961 (for short, the 'act') and under section 6a(1) of the said act as amended by the dowry prohibition (orissa amendment ) act, 1975, in the court of the learned subdivisional judicial magistrate, sambalpur. ..... advised to file a complaint, in the proper court at law under the dowry prohibition act, 1961, and the dowry prohibition ( orissa amendment ) act, 1975. ..... abdul azinr,bata mangala, dalaipara,sambalpur.sub : complaint under the dowry prohibition act.superintendent of police, rourkela, has been instructed to take appropriate action ..... it has been contended by him that the finding recorded by the learned magistrate that the prohibition 'with regard to the dowry would be only in respect of the demand of dowry prior to the marriage cannot be sustained in view of the law laid down by the supreme court in air ..... the trial court held that the prohibition, with regard to the dowry would apply only to the demand of dowry prior to the marriage and on a consideration of the evidence, found that the evidence in this regard ..... he has taken a lafel ground that the prosecution of the respondents for commission of an offence punishable under section 4 of the act was illegal as no court could take cognizance of any offence under this section except with the previous sanction of the state government or of such other officer as the .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT132
..... and under section 4 of the dowry prohibition act, 1961, but no separate sentence under either of the was ..... the conviction of the appellant under section 4 of the dowry prohibition act, 1961 cannot be faulted with. ..... 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 relatives shall be deemed to have caused her death. ..... the prosecution case itself is that at the time of marriage there was demand of dowry made by the appellant and his parents in the shape of gold, silver ornaments, ..... the time of marriage, as per the demand made by the appellant and his parents, dowry in the shape of gold and silver ornaments, brass and belrnetal utensils, cash of rs ..... village tangi (to which place the deceased belonged) stated that there was strained relation between the deceased on the one hand and her in-laws on the other, on the question of payment of dowry for which, the deceased often used to stay in her parental house. ..... 113b of the evidence act raises presumption as to 'dowry death' in certain circumstances ..... stated that p.w.1 convened a meeting of gentlemen of tangi to resolve the dispute over demand of dowry and torture meted out to the deceased. ..... a witness to the meeting which was held at tangi for amicable settlement following the demand of dowry and torture meted out to the deceased. .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)DMC80
..... 12 of 1987 wherein the learned sessions judge, keonjhar has dismissed the appeal and confirmedthe order of conviction and sentence passed by the trial court against him.the petitioner was convicted under section 4 of the dowry prohibition act,1961 and sentenced to undergo imprisonment till rising of the court and to paya fine of rs. ..... but the spirit of sanction contained in section 6of the prevention of corruption act is the same as in proviso to section 4 ofthe dowry prohibition act, 1961 before its amendment. ..... hasina khatun and others) that the sanction envisaged under the proviso to section 4 of the dowry prohibition act, 1961 is mandatory in nature. ..... 843 of 1984) was initiated against thepetitioner under section 4 of the dowry prohibition act in the court of thechief judicial magistrate, keonjhar on the 'basis of the prosecution report submitted by the officer-in-charge, patna p.s. ..... 2 in the court below which shows that the district magistrate exercised hispower conferred under section 4 of the dowry prohibition act accordingsanction for submitting prosecution against the petitioner for having committedthe offence under section 4 of the dowry prohibition act. ..... this principle appliedby the supreme court as well as by this court squarely apply to the case underthe dowry prohibition act in the matter of sanction.10. ..... section 4 of the dowry 'prohibition act reads as follows :'4. .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ80
..... compounding of such type of offences amounts to a dis-service to the society in as much as by invoking the inherent power the high court tend to protect an accused who committed such heinous crime.to other offence is under section 4 of the dowry prohibition act, 1961 (in short 'the act, 1961'). ..... 'section 8(2) of that act read with the orissa amendment by orissa act -1 of 1976 reads as hereunder :(2) save as otherwise provided, other offence under this act shall be bailable and non-compoundable.it is thus clear that be it under section 320 so far as the offence of kidnapping and rape of minor girl or offence under section 4 of the act, 1961, are not compoundable in nature. ..... relief, which the petitioners seek, being specifically prohibited under sub-section (9) of section 320, cr. p.c. ..... father of the prosecutrix, under the given circumstance, left her again in the custody of the accused with dowry articles, but the accused persons did, not accept her.4. ..... such wisdom should not be neutralized or negatived by invoking the inherent power to grant protection to the accused of the offence of kidnapping, rape and dowry.5. ..... the father of accused gouranga refused to accept her as the daughter-in-law in the absence of dowry. .....
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ3879
..... section 3 of the dowry prohibition act, 1961 reads as follows :--'penalty for giving or taking dowry. ..... ' so, as per provision under sub-section (2)(a) of section 3 of the dowry prohibition act as quoted above, presents given at the time of marriage of the bride without any demand having been made in that behalf and entered in a list, cannot attract the offence under section 3 of the said act. ..... are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf): provided that such presents are entered in a list maintained in accordance with the rules made under this act :provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the ..... -- (1) 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 for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more: provided that the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term ..... 80,000/- more as dowry. ..... act was not registered against the petitioner and other accused persons. ..... act against them. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2472
..... has been convicted under section 306 and 498a of the penal code, 1860 (in short, 'ipc') and also under s 3 of the dowry prohibition act, 1961 (for short, 'the act') and sentenced respectively to undergo rigorous imprisonment for three years, one year and three months with a direction that the sentences shall run concurrently.2 ..... no mention about the injuries on the forehead and in the back of the deceased and submits that the postmortem report being inconsistent with the inquest report, the same should not be acted upon both the inquest report and the postmortem report are substantive evidence and for such inconsistency the postmortem report cannot be ignored. ..... legal provisions in the background, it has to be found out whether it has been proved beyond reasonable doubt that dowry within the meaning of the act had been received by the accused. ..... /- by the accused towards dowry cannot be sustained in law and consequently the conviction of the appellant under section 3 of the act is liable to be set ..... or on behalf of the accused is believed, then also it cannot be held that the receipt of such money was towards dowry within the meaning of the act in view of the evidence of p.w. ..... the accused was towards dowry because section 3 of the act provides penalty for giving or taking dowry. ..... the act as it stood at the time of the marriage in question in 1982 provides penalty for giving or taking dowry and prescribes punishment for any person who gives or takes or abates the giving or taking of dowry. .....
Tag this Judgment!Court : Orissa
Reported in : 2000CriLJ2073
..... cognizance, process has been issued to accused persons for alleged commission of offences punishable under sections 498a/420 read with section 34, ipc, and under section 4 of the dowry prohibition act, 1961 (in short, the 'dowry act'). ..... the words 'in the course of an investigation' in section 162 mean in the course of an investigation made after the police officer decides to act under section 150, and until he takes such a decision, his action under sections 154 and 155 including recording of questions and answers in elucidation of an ..... the provision does not prohibit the use of statements made by any person to a police officer in the course of an investigation under chapter xii of that code, in proceedings under the code, in cases where the alleged offence which is under consideration in the proceedings ..... magistrate is not bound in such a situation to follow the procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(a) though it be open to him to act under section 200 or section 202 also (see india carat pvt. ..... there are materials to proceed against the accused persons, namely, trilochan, shantilata, laxmikanta and ramakanta in respect of the offences punishable under sections 498a/420 read with section 34, ipc, and section 4 of the dowry act. ..... 17-1-1996 by damodar misra which was registered in respect of offences alleged to have been convicted under sections 498a/420 read with section 34, ipc and section 4 of the dowry act. .....
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ1818
..... cancellation of bail granted to the opposite parties by the learned additional sessions judge, bargarh in a case involving allegations of offences under section 306/498-a of the indian penal code, 1860 (in short 'ipc') and section 4 of the dowry prohibition act, 1961 (in short 'the act').2. ..... 1 and because of consistent demand of dowry, both he and his daughter were perplexed and the matter came to an impasse when on 8-12-1990 he was humiliated by the opposite parties for nonpayment of the part of gold he had agreed to pay at the time of marriage. ..... mere likelihood cannot be a substitute for actual commission of an act. .....
Tag this Judgment!Court : Orissa
Reported in : II(1996)DMC337
..... petitioner's case is that accusations forming foundation of the case related to section 498a of the indian penal code, 1860 (in short, upc), and section 4 of the dowry prohibition act, 1961 (in short, 'dowry act'), he is innocent and attempt is being made to falsely implicate him. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ1486
..... 1 before the learned sdjm alleging various acts, which according to the complainant constituted offences punishable under sections 302, 341, 406, 506, 498a read with section 34 of the indian penal code, 1860 (in short, 'ipc'), and section 4 of the dowry prohibition act, 1961 (in short, the 'dowry act'). ..... it applies not only to cases where both the acts in question are offences, but also to cases where an act is an offence by reason to its relation of another which is not an offence, but which would be an offence only when the doer was capable of committing an offence. ..... section 179 contemplates two aspects, namely, (i) that the offender has done an act; and (ii) 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. ..... 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. ..... but where the act or omission is a complete offence irrespective of any consequence which has ensued, the provision has no application and the offence is to be inquired into and tried only by the court within whose jurisdiction the act was committed as provided in section 177 of the code. ..... section 179 applies when the act or omission is an offence by reason of anything which has been done and of any consequence which has ensued. .....
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