Showing : 391-400 of 580 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 113B-- Dowry death - Presumption u/s 113-B Evidence Act - Presumption available only on proof the necessary essentials viz. (1) The question before the court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - No evidence that deceased was put to any harassment or cruelty by husband - Deceased seen quite happy and found dead in morning when her husband was sleeping - Allegations of demand of dowry and that husband had illicit affair with some other lady not proved - Presumption u/s 113-A..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 498A, 304B-- Dowry death - Death within seven years of marriage - Deceased used to remain under depression on account of her infertility - Plea supported by medical evidence on record - As per medical report husband was fully capable to produce child - Allegation of brother of deceased that accused had been..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 498A, 302, Dowry Prohibition Act, 1961, Section 4-- Dowry death - Circumstantial evidence - PW's categorically admitted that deceased never personally informed him about the alleged harassment by the respondent - PW has also admitted in his cross examination that accused never demanded any money from him directly or personally - He also admitted..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B-- Dowry death - In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence - That could be either direct or indirect...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 113B-- Presumption - Can be raised only on proof of the essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being tried for the offence under S.304-B IPC); (2) The..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Suicide by pouring kerosene oil - Evidence of house owner and neighbours showed that husband and wife were living happily - No evidence of ill-treatment - Conviction set aside...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Soon before her death - Meaning - Would normally imply that the interval should not be much between the concerned cruelty or harassment and the death in question - There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B-- Conviction - Dowry demand - No evidence that appellant was either present when demand was made or that she herself made any demand - Conviction set aside...........

Showing : 391-400 of 580 Results