Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 Page 9 of about 150,215 results (0.185 seconds)

Kans Raj Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR2000SC2324; 2000(2)ALD(Cri)467; 2000CriLJ2993; I(2000)DMC645SC; JT2000(5)SC223; 2000(3)SCALE429; (2000)5SCC207

..... in the statement of objects and reasons of the said act it was stated:the dowry prohibition act, 1961 was recently amended by the dowry prohibition (amendment) act 1984 to give effect to certain recommendations of the joint committee of the house of parliament to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and effective. ..... it is, therefore, proposed to further amend the dowry prohibition act, 1961 to make provisions therein further stringent and effective. ..... again finding that the dowry prohibition act, 1961 has not been so deterrent, as it was expected to be, the parliament made amendments in the act vide act no. ..... in fact the dowry prohibition act, 1961 being act no. ..... although the dowry prohibition (amendment) act, 1984 was an improvement on the existing legislation, opinions have been expressed by representatives from women's voluntary organisations and others to the effect that the amendments made are still inadequate and the act needs to be further amended.2. ..... (f) provisions has also been made for appointment of dowry prohibition officers by the state governments for the effective implementation of the act. ..... 28 of 1961 was enacted on 20th may, 1961 with an object to prohibit to giving or taking the dowry. ..... 28 of 1961 it was stated:the object of this bill is to prohibit the evil practice of giving and taking of dowry. .....

Ram Gopal Vs. Bhupinder Kumar and anr.

Court : Delhi

..... in his submission the case of the appellant was covered within the proviso to sub section 3 of section 6 of the dowry prohibition act, 1961 (hereafter called the said act) which provided that where a woman dies within 7 years of her marriage otherwise than due to natural causes, property shall if she has no children be transferred to her parents and in the instant case the ..... whether the case of the appellant was covered under sub- section 3 of section 6 of the dowry prohibition act, 1961 which provides that where a woman dies within 7 years of a marriage otherwise than due to natural causes, property shall, if she has no children, be transferred to ..... of law raised by the appellant are thus answered as under:- since the amendment incorporated in section 6 of the dowry prohibition act, 1961 is not retrospective, it would come into force after the same became effective i.e. ..... appeal, the learned adj has not accepted the contentions of the appellant that sub-section 3 of the section 6 of the dowry prohibition act, 1961 (which provision has admittedly come into the statute book only w.e.f. ..... whether the amended provisions of dowry prohibition act, 1961 could be applied to an incident which occurred in the ..... amendment dated 19.11.1986 of the dowry prohibition act, 1961 was retrospective in nature? ..... law for seeking the reliefs prayed for was not well and correctly relied upon before the trial court and in fact the reliefs sought were covered under section 6 of the dowry prohibition act, 1961. .....

Bachni Devi and anr. Vs. State of Haryana

Court : Supreme Court of India

Reported in : AIR2011SC1098

..... for the purposes of section 304b ipc, `dowry' has the same meaning as in section 2 of the dowry prohibition act, 1961 (for short, `1961 act'). 14. ..... 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 ). ..... was inserted in ipc with effect from november 19, 1986 by the dowry prohibition (amendment) act, 1986 (for short, `(amendment) act, 1986'). ..... 1961 act was enacted to prohibit the giving or taking of `dowry' and for the protection of married woman against cruelty and violence in the matrimonial home by the husband and ..... `demand' of money, property or valuable security made from the bride or her parents or other relatives by the bridegroom or his parents or other relatives or vice versa would fall within the mischief of `dowry' under the act where such demand is not properly referable to any legally recognised claim and is relatable only to the consideration of marriage. ..... became imperative as the dowry deaths continued to increase to disturbing proportions and the existing provisions in 1961 act were found inadequate in dealing with the problems of dowry deaths. ..... 1961 act has been amended by the parliament on more than one occasion and by the (amendment) act, 1986, parliament brought in stringent provisions and provided for offence relating to `dowry ..... 2 of the 1961 act defines `dowry' as follows: ..... a case wherein the prosecution evidence did not show `any demand for dowry' as defined in section 2 of the 1961 act. .....

Kailash S/O Baliram Pawar and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 2003BomCR(Cri)1112; 2003(2)MhLj929

..... was taken because as per the explanation to sub-section (1) of section 304-b, the word 'dowry' has the same meaning as in section 2 of the dowry prohibition act, 1961. ..... was made to argue that the demand for dowry could not be said to be in connection with the marriage of the parties within the meaning of section 2 of the dowry prohibition act, 1961. ..... of marriage is proved, a demand made upon the wife would in fact be a demand based upon the factum of marriage and would, therefore be 'in connection with the marriage' within the meaning of section 2 of the dowry prohibition act, 1961.15. ..... when the dowry prohibition act was enacted, the legislature was well aware of the fact that demands for dowry are made, and indeed very often, even after the marriage has been solemnized, and this demand is founded on the factum ..... evidence qualifies to be demand for dowry in connection with the marriage and in the circumstances of the case constitutes to be a case falling within the definition of 'dowry' under section 2 of 1961 act and section 304-b, indian penal code ..... 'dowry' definition is to be interpreted with the other provisions of the act including section 3, which refers to giving or taking dowry and section 4 which deals with penalty for demanding dowry, under the 1961 act and the ..... it is significant that section 4 of the 1961 act, was also amended by means of act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other relatives or guardian .....

State of Maharashtra Vs. Madhusudan and ors.

Court : Mumbai

Reported in : II(1993)DMC10

..... section 2 of the dowry prohibition act, 1961 as under :'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 marriage to the another party to the marriage; or(b) by the parents of either party to a marriage or by any other person ..... respect of the charge under section 4 of the dowry prohibition act, 1961, the learned trial judge observed that even assuming that ..... trial court to frame the additional charge under section 4 of the dowry prohibition act, 1961. ..... 6 of 1987 recording the findings of acquittal against the respondents/accused for the offences punishable under section 306 of the indian penal code and under section 4 of the dowry prohibition act, according to the learned counsel for the appellant/state, the learned trial judge has not appreciated the facts and circumstances, as also the legal provisions in true and correct ..... the sessions court, nagpur has jurisdiction to try the offence under section 4 of the dowry prohibition act, alongwith offence under section 306 of the indian penal code for which the charge-sheet ..... the nagpur court has power to try the case under section 4 of the dowry prohibition act, as it has the power to try the case under section 306 of the ..... thus, the accused being responsible for the offence under section 4 of the dowry prohibition act and also under section 306 of the indian penal code, the offences committed by several persons are such that they may be charged with .....

Soni Devrajbhai Babubhai Vs. State of Gujarat and Others

Court : Supreme Court of India

Reported in : AIR1991SC2173; 1992(40)BLJR286; 1991CriLJ3135; 1991(3)Crimes271(SC); II(1991)DMC392SC; (1992)1GLR189; JT1991(3)SC542; 1991(2)SCALE410; (1991)4SCC298; [1991]3SCR812

..... (g) anew offence of 'dowry death' is proposed to, be included in the indian penal code and the necessary consequential amendments in the crpc, 1973 and in the indian evidence act, 1872 have also been proposed.accordingly by section 7 of the amendment act, section 8 of the dowry prohibition act, 1961 was amended to make every offence under this act non-bailable while continuing it to be non-compoundable. ..... 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 purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... even though for eradication of this social evil, effective steps can be taken by the society itself and the social sanctions of the community can be more deterrent, yet legal sanctions in the form of its prohibition and punishment are some steps in that direction, the dowry prohibition act, 1961 was enacted for this purpsoe. ..... 43 of 1986) was enacted further to amend the dowry prohibition act, 1961 and to make certain necessary changes in the indian penal code, the crpc, 1973 and the indian evidence act, 1872.8. ..... the enactment of dowry prohibition act, 1961 in its original form was found inadequate .....

Murali Vs. State of Kerala

Court : Kerala

Reported in : I(2006)DMC586; 2006(1)KLT90

..... expression 'dowry' in the dowry prohibition act, 1961, has undergone transformation after its enactment in 1961. ..... counsel for the appellant contends that by no stretch of imagination can it be held that the demand for money allegedly raised by the appellant when the deceased was allegedly sent home on the last occasion is 'dowry' as defined under the dowry prohibition act, 1961. ..... is also a rider that 'dowry' used under section 304b must convey the same meaning as in section 2 of the dowry prohibition act, 1961. ..... when the dowry prohibition act was enacted, the legislature was well aware of the fact that demands for dowry are made, and indeed very often, even after the marriage has been solemnised, and this demand is founded on the factum of marriage ..... or his relatives at any time after the marriage which are not as consideration for marriage, but only in connection with marriage (and though there is no earlier agreement to make such payments) would all qualify to be dowry as defined under section 2 of the dowry prohibition act. ..... 2 of the dowry prohibition act reads as follows:2 ..... explanation to section 304-b makes it clear that the expression dowry shall have the same meaning as in section 2 of the dowry prohibition act. ..... there was any property given or agreed to be given after the marriage in connection with the solemnisation of marriage, any and every subsequent demand for amounts from the wife or her parents cannot be reckoned as dowry as defined under section 2 of the act 28 of 1961. .....

G.V. Siddaramesh Vs. State of Karnataka

Court : Supreme Court of India

Reported in : 2010(58)BLJR407,JT2010(1)SC639,2010(2)SCALE102,(2010)3SCC152

..... 665 of 2004, whereby and whereunder the court has partly allowed the appeal, and in so far as the appellant is concerned, while maintaining the conviction for offences punishable under section 4 of dowry prohibition act, 1961 and sections 498a and 304b of the indian penal code, 1860 has modified the sentence for the offence punishable under section 3 of the dowry prohibition act, 1961 from 5 years and a fine of rs. ..... 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). ..... for two years for the offence punishable under section 3 of the dowry prohibition act; to undergo s.i for two years and to pay a fine of rs. ..... 10,000/-, in default, to undergo s.i for one month for an offence punishable under section 4 of the dowry prohibition act; to undergo s.i for 3 years and to pay a fine of rs. ..... 1) preferred appeal before the high court of karnataka challenging his conviction and sentence and the state has preferred appeal challenging the acquittal of the appellant for the offence punishable under section 6 of the dowry prohibition act and accused no. .....

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 .....

Krishan Lal and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : 1994CriLJ3472

..... be deemed to have caused her death.explanation - for 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). ..... the definition of dowry figuring in section 2 of the dowry prohibition act, 1961 as amended reads as ..... extent of the evil has been commented upon by the joint committee of the houses to examine the work of the dowry prohibition act, 1961. ..... , the provisions of section 4 of the dowry prohibition act make the demand of dowry punishable.29 ..... dowry prohibition (amendment) act ..... right to equality before law and equal protection of the laws, as well as clause (3) of article 20 compelling the accused to be a witness against himself in order to dislodge the statutory presumption of abetment of suicide and dowry death under sections 113a and 113b of the indian evidence act, as also the mandate of article 21 of the constitution by depriving the petitioners of their personal liberty on the basis of unfair, unjust, arbitrary, fanciful and oppressive procedure prescribed by law. ..... rajasthan', 1992 cri lj 309 while dealing with the provisions of section 304b of the indian penal code and section 113b of the indian evidence act observed that there are sufficient in-built safeguards for the accused in these provisions itself before raising a pre sumption for dowry death or holding the accused guilty of such offence because the courts are to scrutinise the evidence carefully as cases are not rare in which occasionally .....