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Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 Court: uttaranchal Page 1 of about 142 results (0.050 seconds)

Mar 04 2005 (HC)

Heera Singh Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2005CriLJ2062

..... but did not record the verdict of guilt with reference to the offence under section 3/4 dowry prohibition act 1961 in view of such an offence also stand covered by section 304b, i.p.c. ..... therefore, it is also relevant to reproduce the section 2 of the dowry prohibition act, 1961, which reads as below :--'section 2. ..... the dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... and section 3/4 dowry prohibition act, 1961. ..... explanation (i)-- for the removal of doubts it is hereby declared that any presents made at the time of the marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the such parties.explanation (ii)-- the expression 'valuable security' has the same meaning as in section 30 of the indian penal code (45 of ..... they supported the allegation that soon before her death the victim has been subjected to cruelty and harassment when the demand for extra dowry even in terms of the cash money made by the appellant was not satisfied or fulfilled by her and her parents. ..... definition of dowry-- in this act, the '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 any other person, to either party to the .....

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Aug 02 2010 (HC)

Naresh, and ors. Vs. the State of Uttaranchal.

Court : Uttaranchal

..... 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). ..... the accused appellants have been convicted u/s 304-b, 498-a and 201 ipc keeping in view the provisions of section 113-b of the indian evidence act and, therefore, before any further discussion, it would be appropriate to quote these sections for the sake of convenience and the same are reproduced as ..... of accused appellants shows that the deceased was physically and mentally tortured by them for the demand of dowry which resulted in her death and she was subjected to cruelty and harassment soon before her death. ..... within seven years of marriage; (iii) soon before her death she was subjected to cruelty or harassment by her husband or relative of her husband; (iv) such cruelty or harassment must be in connection with the demand of dowry; and (v) such cruelty is shown to have been meted out to the woman soon before her death.22. ..... facts and circumstances of the case, the learned trial court has rightly held it as a case of dowry death in view of the provisions contained under section 113-b of the indian evidence act.27. .....

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Sep 07 2010 (HC)

Smt. Madhu Vs. State of Uttarakand and Another.

Court : Uttaranchal

..... first of all, dowry has been defined under section 2 of the dowry prohibition act, 1961, which reads as under:- 2. ..... seema batla under section 3 of the dowry prohibition act, 1961. 5. ..... payal bidani and p.w.2 sri kedarnath having deposed before the court in their statement that they have given dowry to the accused persons and since giving of dowry is also a crime as much as taking of dowry is, the court must proceed against mr. ..... 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 any other person, to either party to the ..... what has been stated by these witnesses prima facie is strictly speaking not an admission of giving dowry, nor can it be construed as a dowry. ..... definition of dowry. .....

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Aug 26 2010 (HC)

Sunita Arya, W/O Surendra Dev. Vs. Surendra Dev S/O Late Shankar Dev.

Court : Uttaranchal

..... of the present respondent and filed the criminal complaint at police station gadarpur, against her husband and in laws relating to offences punishable under section 498a, 323, 506 ipc, and one punishable under section 3/4 of dowry prohibition act, 1961, in the year 2002. ..... 359 of 2005 whereby the present respondent (husband) and her mother rambeti were acquitted of the charge of offences punishable under section 498a, 323, 506 ipc and one punishable under section 3/4 dowry prohibition act, 1961.5. ..... 7 of 2002, was got registered at police station gadarpur, by the appellant against her husband and in laws in respect of offences punishable under section 498a, 323, 506 ipc, and one punishable under section 3/4 of dowry prohibition act, 1961. ..... 74 of 2005, whereby said court has allowed the petition under section 13 of hindu marriage act, 1955, and granted the decree of divorce on the petition filed by the present respondent.2. ..... this appeal, preferred under section 19 of family courts act, 1984, is directed against judgment and order dated 12.11.2008, passed by judge family court, nainital, in suit no. ..... earlier a petition under section 9 of hindu marriage act, 1955, was filed by the husband for restitution of conjugal rights, but after the wife joined her, said petition was withdrawn. ..... however, rest of the allegations are denied by her and it is pleaded that she was subjected to cruelty for non fulfillment of demand of dowry. .....

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Sep 03 2010 (HC)

Gopal Dass So. Late Sri Ram Prashad and ors Vs. State and anr.

Court : Uttaranchal

..... , and one punishable under section 3 /4 of the dowry prohibition act, 1961, police station laksar, district haridwar, pending in the court of civil judge (junior division) / judicial magistrate, laksar. ..... , and one punishable under section 3 /4 of the dowry prohibition act, 1961. ..... on being shown inability to pay the dowry, the petitioners and accused raj kumar threatened the complainant. ..... 47 of 2005, for getting dissolved the marriage with poonam, under section 12 of the hindu marriage act, 1955, as she was alleged to be of unsound mind. ..... swarna came to the house of the complainant, and demanded dowry. .....

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Aug 26 2010 (HC)

Dayal Joshi S/O Late Shri Chandramani Joshi. Vs. Smt Usha Joshi W/O Sh ...

Court : Uttaranchal

..... , and one punishable under section 3/4 of dowry prohibition act, 1961. ..... however, this depends on the facts and the circumstances of the case, what a particular act on part of a spouse would constitute cruelty against the other spouse. ..... the petition moved under section 13 of hindu marriage act, 1955, is allowed on the condition that the petitioner/appellant shall pay rs. ..... (1) this appeal, preferred under section 19 of family court act, 1984, is directed against the judgment and order dated 16.06.2010 passed by judge, family court, nainital, in suit no. ..... she has further pleaded that she is ready to live with her husband provided he undertakes not to make demand of dowry and not to harass her. ..... 128 of 2007 whereby said court has dismissed the petition of the appellant, moved under section 13 of hindu marriage act, 1955. .....

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Aug 03 2010 (HC)

Chandan Singh Mehra S/O Shri Deewan Singh MehrA. Vs. State of Uttarakh ...

Court : Uttaranchal

..... 1 of 2007, relating to offences punishable under section 498a, 306 ipc and one punishable under section 3/4 of dowry prohibition act, 1961. ..... state of west bengal 2005 air scw 1326, and argued that neither the accused chandan singh has aided the commission of suicide, nor instigated the act committed by deceased as such from the evidence on record, the charge of offence punishable under section 306 ipc cannot be said to have been proved. .....

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May 02 2006 (HC)

Banbir Singh Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2006CriLJ4181

..... of haryana reported in manu/sc/0481/1998 : 1998crilj4019 , as well as in a catena of decisions reported subsequently, has clearly observed that 'in view of the amended provision under section 2 of the dowry prohibition act, 1961 the additional demand of dowry would certainly fall under section 2 of the dowry prohibition act. ..... 15,000/- under section 3/4 dowry prohibition act and in default of payment of fine to further undergo ..... and section 3/4 dowry prohibition act, against the ..... and section 3/4 dowry prohibition act and sentencing him to undergo imprisonment for life under section 304-b ..... and 3/4 dowry prohibition act and sentenced him to undergo imprisonment for life under section 304-b ..... section 3/4 dowry prohibition act. ..... /- under section 3/4 dowry prohibition act.19. ..... he has also stated that the appellant had a grievance pertaining to the dowry even at the time of the marriage and when after 10-15 days rekha came to her parental house along with her husband then the appellant also demanded an amount of rupees one lac from ..... she has also deposed about the dowry demand made by the accused and supported the version narrated by ..... also stated that the appellant was also annoyed on account of the dowry even on the day of the marriage. ..... of this witness also shows that the appellant was also annoyed with regard to the dowry even at the time of the marriage. ..... there has been an alarming increase in cases relating to' harassment, torture, abetted suicides arid dowry deaths of young innocent brides. .....

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Jul 06 2004 (HC)

Nirmala Devi Alias Ghunghera Devi Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2005CriLJ625

..... 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 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). ..... dowry prohibition act ..... dowry prohibition act ..... offence under consideration have not been satisfied because the prosecution has failed to show by cogent and reliable evidence that appellant had been making undue demand for dowry by way of cash amount and has also been harassing the deceased and further that the learned sessions judge wrongly placed reliance on the evidence of the ..... for the appellant submitted that there is no reliable evidence to prove that the appellant subjected the deceased to harassment for and in connection with demand of dowry and cash money and further that the dying-declaration of the deceased clearly appear to be a product of imagination and the same being not true the ..... urmila devi occurred by burns within seven years of her marriage, therefore, a presumption under section 113b of the evidence act could be available to the prosecution if it has been able to establish that the appellant was demanding dowry which was a harassment to the deceased, provided by preponderance of the probabilities the defence, in this case, could be able to discharge the onus and .....

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Apr 17 2010 (HC)

Rab Jeet Kaur Kohli D/O Harbhajan Singh Kohli, Vs. State of Uttarancha ...

Court : Uttaranchal

..... , and one punishable under section 3/4 of the dowry prohibition act, 1961, police station haldwani, pending in the court of judicial magistrate, haldwani, are hereby quashed. ..... , or that of one punishable under section 3/4 of the dowry prohibition act, 1961, are made out (even after what has been mentioned in the counter affidavit be taken to be true). ..... , and one punishable under section 3/4 of the dowry prohibition act, 1961, on which the impugned summoning order dated 14.07.2005, was passed by the judicial magistrate, haldwani, in criminal case no. ..... , and one punishable under section 3/4 of the dowry prohibition act, 1961, pending in the court of judicial magistrate, haldwani.2. ..... in the counter affidavit nothing has been disclosed which indicates that there was any demand of dowry or harassment for non-fulfillment thereof. ..... though the complainant alleged that the deceased was subjected to harassment for non-fulfillment of demand of dowry, and consequently she had died, the investigating officer after collecting evidence found that the deceased had died a natural death, and there was no evidence of harassment for non-fulfillment of demand of dowry. ..... again, after re-investigation, final report was submitted on 10.09.2004, copy of which is annexure 14 to the petition, reiterating that neither the deceased has died unnatural death nor there is evidence of harassment for non-fulfillment of demand of dowry. .....

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