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Showing posts with the label Dowry Prohibition Act 1961

What are the Essential Ingredients of Dowry Death under Section 304-B IPC [CASE LAW]

Penal Code, 1860 – Ss. 302, 304B & 498A – Dowry Prohibition Act, 1961 - Ss. 3 & 4 - N either before marriage, the demand of dowry i.e. Colour T.V. and Hero Honda Motorcycle was made nor was it made immediately after marriage rather the same was made two years after marriage - witness was not able to state that soon before the death of the deceased, there was any demand of the aforesaid items - the offence has been committed by the appellant not under Section 304-B I.P.C. rather the same has been found to have been committed under Section 302 I.P.C.

Every Demand Made after Marriage will not come within the Purview of Dowry [CASE LAW]

Criminal P.C. 1973 - S.482 - Penal Code, 1860 -  Ss. 498A, 323, 504, 506 - Dowry Prohibition Act, 1961 - Ss. 3, 4 -  for establishment of case of demand of dowry, that must co-relate with the marriage or pre-marriage stage and not every demand made by the applicants after marriage will come within the purview of dowry. 

False Dowry Case - Choosing of Forum to Harass Mother-in-law - FIR Quashed [CASE LAW]

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - Ss. 498A & 114 - Dowry Prohibition Act, 1961 - Ss. 3 & 4 - Quashing of FIR - C hoosing of forum - Petitioner  mother-in-law  is aged about 59 years -  She has to travel all the way from her native place in Andhra Pradesh to Davanagere to attend the case which causes her hardship and she is roped in the case to harass in that way   - Proceedings against the petitioner are nothing but the abuse of the process of the Court .