Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 Page 6 of about 150,215 results (0.218 seconds)

Nazar Vs. State of Kerala

Court : Kerala

Reported in : 2005CriLJ974; 2005(1)KLT61

..... dowry has been defined under section 2 of the dowry prohibition act, 1961. ..... state of haryana (air 1997 sc 1873) has no application to the facts of this case, as there was nothing in that case 'on record to show that she was either treated with cruelty or harassed with the demand for dowry during the period between her having been taken to the parental home and her tragic end. ..... 1, the father, who had given a natural version of what had happened during the two years and what his daughter had told him on a previous occasion regarding the demand of dowry and the harassment and cruelty meted out in that regard by the accused persons. ..... therefore, the property said to be demanded comes within the term 'dowry' as defined in the said act to attract the provisions of section 304b i.p.c.10. ..... assailing the conviction, it is contended by the appellants that in order to lay a charge under section 304b, there should have been evidence for demand of dowry and cruelty and harassment in that regard 'soon before her death'. ..... she also does not speak about any demand for dowry by her, though she had dissatisfaction about the beauty of the bride or the insufficiency of the jewellery that she possessed and further complained that, pw ..... there was no evidence of any cruel behaviour on his part or even harassment demanding dowry during his short stay in india just before the incident. ..... in this case, therefore, there was no demand for dowry or harassment or cruelty soon before the incident, it is submitted.6. pw .....

Mahendra Kumar Mishra Vs. Chandra Shekhar Prasad Mishra and Others

Court : Madhya Pradesh

Reported in : 2001CriLJ3455; 2001(4)MPHT125

..... similarly the charge under sections 3/4 of the dowry prohibition act, 1961 was also found to be without any basis. ..... the case was registered under sections 294, 323 and 506 (para-ii), ipc and under sections 3/4 of the dowry prohibition act, 1961. ..... the accused persons after their appearance before the magistrate brought to his notice that a charge-sheet for the demand of dowry has been filed by the police against the applicant. ..... according to the police charge-sheet the applicant was demanding more money as dowry and on that ground he refused to marry hisbrother to mamta. ..... 51,000/- as dowry. .....

Birendra Jha @ Virendra Jha Vs. State of Jharkhand

Court : Jharkhand

Reported in : I(2002)DMC393

..... just because the police report of the private complaint carries with it the label of section 498a, ipc or section 4 of the dowry prohibition act, 1961, does not mean that the bail should be denied to the accused. ..... it happens quite often that in ordinary matrimonial disputes or where there is some discordant note in amatrimonial relationship, the woman as an alleged victim sets in motion the machinery of law by invoking section 498a, ipc or section 4 of the dowry prohibition act, 1961. ..... i am talking of offences under section 498a, ipc and section 4 of the dowry prohibition act, 1961. ..... serious allegations against the accused, his involvement and simplicity in the commission of offences being directly linked with the facts alleged and either it is a very blatant and serious allegation of immediate and proximate demand of dowry, or if the offence relates to section 498a, ipc, there are serious allegations supported with clear proof, that indeed physical injury has been inflicted upon the alleged victim, only in these cases, rejection of the ..... injury has been inflicted upon the alleged victim nor is there any other clear proof of the alleged victim having physically suffered and that there is also no serious allegation supported with positive proof of dowry having been demanded in the immediate proximity of the marriage or thereabout, the bail should be granted. .....

Kishangiri Mangalgiri Goswami Vs. State of Gujarat

Court : Supreme Court of India

Reported in : 2009(3)KCCR1889; AIR2009SC1808; 2009CriLJ1720; (2009)2GLR1074(SC); RLW2009(1)SC350; 2009(1)SCALE31; (2009)4SCC52; 2009AIRSCW1399; 2009Cr.LJ1720

..... a division bench of the gujarat high court upholding the conviction of the appellant for offences punishable under sections 306 and 498a of the indian penal code, 1860 (in short the `ipc') and section 3 of the dowry prohibition act, 1961 (in short `dp act'). ..... in support of the appeal, it was submitted that the letters whereby the alleged demand of dowry was made has not been signed by the appellant and even has not been addressed to anyone ..... trial court found that the letters written by the accused clearly established the demand of dowry and further the suicide was clearly abetted by the acts and conduct of the appellant. ..... since the substratum of the allegations of dowry and harassment were letters, their authenticity having not been established the trial court and the high court should not have relied upon the same ..... person, abets the doing of a thing when (1) he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing. ..... section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished with the punishment provided for the original ..... after two years of his marriage, the accused started inflicting mental and physical torture on her and she was taunted by the accused for not bringing sufficient dowry in the marriage. .....

Satyarani Chaddha (Mrs) and ors. Vs. State (Delhi Admn.) and anr.

Court : Supreme Court of India

Reported in : (1994)2SCC40

..... the second respondent, subhash chander bhasin, was sought to be prosecuted under the provisions of dowry prohibition act, 1961. ..... the learned judicial magistrate having examined the complaint discharged the accused on the ground that the demand of the scooter made on march 15, 1979 is not dowry within the meaning of section 2 of the dowry prohibition act. ..... the definition of dowry as it stood prior to amendment explains the meaning of dowry thus: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 ..... nowhere stated in the complaint nor mentioned that the accused, since he was not given scooter at the time of his marriage, demanded that it should be given now as consideration for the marriage within the meaning of dowry. .....

Muthu Kutty and anr. Vs. State by Inspector of Police, Tamil Nadu

Court : Supreme Court of India

Reported in : I(2005)DMC53SC; JT2004(10)SC538; 2004(9)SCALE520; (2005)9SCC113

..... in office of pw-17 namely durai raj, deputy superintendent of police completed the investigation and laid the charge sheet against the accused under sections 498a, 304b read with 302 ipc and section 4 of dowry prohibition act, 1961 (in short the 'dowry act')7. ..... the provisions contained in section 304b ipc and section 113b of the evidence act were incorporated on the anvil of the dowry prohibition (amendment) act, 1984, the main object of which is to curb the evil of dowry in the society and to make it severely punitive in nature and not to extricate husbands or their relatives from the clutches of section 302 ipc if they directly ..... at this juncture, it is relevant to take note of section 32 of the indian evidence act, 1872 (in short 'evidence act') which deals with cases in which statement of relevant fact by person who is dead or cannot be ..... of section 304b ipc and section 113b evidence act together makes it clear that law authorizes a presumption that the husband or any other relative of the husband has caused the death of a woman if she happens to die in circumstances not normal and that there was evidence to show that she was treated with cruelty or harassed before her death in connection with any demand for dowry. ..... firstly, there was no evidence of any dowry demand and secondly, the so-called dying declaration ..... one occasion, due to quarrel over the dowry demand, deceased 'came to the house' ..... declaration is suspicious, it should not be acted upon without corroborative evidence. .....

Ran Singh and anr. Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1294; 2008(2)ALD(Cri)90; 2008CriLJ1941; I(2008)DMC384SC; JT2008(1)SC652; 2008(1)KLT803(SC); (2008)149PLR275; RLW2008(1)SC622; 2008(2)SCALE133; (2008)4SCC70; (2008)2SCC(Cri)182; 2008(1)Crimes310; 2008(1)AICLR752; 2008(3)LH(SC)2144

..... 2 of the dowry prohibition act, 1961 (in short 'dowry act') defines 'dowry' as under: ..... explanation i- for the removal of doubts, it is hereby declared that any presents made at the time of a 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 said parties.explanation ii- the expression 'valuable security' has the same meaning in section 30 of the indian penal code ..... but so far as the present appellants are concerned the high court inter alia observed as follows:however, when articles of dowry are handed over to elder members in the family that will mean that those were handed over to ran singh and ..... judge by a well reasoned order had held that there was no material to show that demand for any dowry was made and an attempt was made to rope in many persons. ..... definition of 'dowry' - 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 ..... dowry' is defined in section 2 of the dowry act ..... namely, jai singh and suman, the brother and married sister of jaswant.it was stated in the complaint that saroj got married to jaswant on 14.4.1994 and that she was harassed for dowry by the aforesaid accused persons. .....

Devinder Alias Kala Ram and ors. Vs. the State of HaryanA.

Court : Supreme Court of India

..... 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 presumption in section 304b of the ipc and section 113b of the indian evidence act, 1872 that they had caused dowry death of the deceased, thus, stood rebutted by the evidence in this case. ..... he vehemently argued that section 113b of the indian evidence act, 1872 is clear that when the question as to whether a person has committed dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. ..... section 113b of the indian evidence act, 1872 also provides that once it is shown that soon before her death a woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court "shall presume" that such person had caused the dowry death. ..... "thus, section 113b read with section 4 of the indian evidence act, 1872 would mean that unless and until it is proved otherwise, the court shall hold that a person has caused dowry death of a woman if it is established before the court that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry.11. .....

Rajaram Lala Ahire and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : II(2005)DMC793

..... indeed, there is nothing in the prosecution case to indicate that the victim was subjected to ill-treatment or met with her death on account of failure by her relatives to pay dowry or comply with a demand in connection with dowry, as defined under section 2 of the dowry prohibition act, 1961. ..... hence the dowry mentioned is section 304b should be any property or valuable security given or agreed to be given in connection with the marriage(emphasis supplied)learned counsel for the appellants submitted that even if demand referred to in this case is taken at its face value, it may be a customary payment of money in connection with ceremonies prevalent in different societies, not enveloped within the ambit of dowry, as observed by the apex court. ..... 3 of the charge of dowry death. ..... for example, some customary payments in connection with birth of a child or other ceremonies are prevalent in different societies, such payments are not enveloped within the ambit of 'dowry'. ..... , reported in : 2001crilj4625 where in paragraph 21, the court observed thus:'thus, there are three occasions related to dowry. .....

Randhir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR2004SC5097; 2004(2)ALD(Cri)1024; 2004(8)SCALE689

..... section 2 of the dowry prohibition act, 1961 (in short 'dowry act') defines 'dowry' as under:-section 2. ..... (shariat) applies.explanation i- for the removal of doubts, it is hereby declared that any presents made at the time of a 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 said parties.explanation ii- the expression 'valuable security' has the same meaning in section 30 of the indian penal code ..... definition of 'dowry' - 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 ..... it was submitted that with respect to evidence of the informant when he had no capacity to pay dowry, the plea that he gave the money is unbelievable. ..... it was submitted that the demands of dowry continued unabated and the suicide was on account of victim not being able to any further bear torture or harassment ..... if the evidence regarding demand of dowry is established, is cogent and reliable merely because the victim had not stated before some persons about the harassment or torture that would be really of no consequence.10 ..... the basic requirement of section 306 ipc is demand for dowry 'soon before the death'. .....