Showing : 401-410 of 614 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Death not within seven years of marriage - Cruelty not inflicted soon before death - Neither presumption u/s 113-B Evidence Act is available nor it can be concluded that appellant is guilty of offence u/s 304-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304B-- Dowry demand - There is sufficient evidence relating to demand of dowry though for the purpose of S.304-B, the evidence is not sufficient - Offences relatable to S.304-B not established - Conviction can't be made thereunder...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 113B-- Presumption - Available only on proof the following essentials : (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 Section 304-B IPC.); (2)..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 113B-- Essential required to be proved to raising the presumption u/s 113-B Evidence Act are : (i) the question before the court must be whether the accused has committed the dowry death of the woman, (ii) the woman was subjected to cruelty or harassment by her husband or his relatives, (iii) such..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A-- Cruelty and demand of dowry - Complaint by wife against husband, his father, mother and other four family members - Conviction of husband only upheld - Other accused acquitted for lack of sufficient evidence - Sentence of husband reduced from 2 years to already undergone which is 13 months as he..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 304B-- Dowry death - Death within three months of marriage in matrimonial home - The only evidence for conviction u/s 302 IPC that accused and deceased stayed in the same house is not sufficient - Conviction u/s 302 IPC set aside - Offence u/s 304-B IPC proved as there was demand of two lacs for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304B, 201-- Dowry death - Harassment of deceased with demand of dowry - No specific allegation as to on which date, in which month and the year deceased was harassed in connection with the demand of dowry - No specific allegation made as to the articles which were demanded in dowry - No evidence that deceased..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 498A-- Dowry demand - Ill treatment - Strangulation - Circumstantial evidence - Evidence of relatives established dowry demand - However, circumstances proved not sufficient to bring in offence u/s 302 IPC - Conviction u/s 302 IPC set aside - Conviction u/s 498-A IPC is proper...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 113A, 113B-- Distinction - Different terminology is used in the two provisions - Whereas in S.113-A words used are `may presume' whereas in S.113-B word `may' is substituted by `shall' - S.113-A relates to S.306 of IPC wherein presumption is there against an accused but onus on accused is not as heavy as in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 306, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 113A-- Suicide - Within seven years of marriage - U/s 113-A of Evidence Act Court `may presume' having regard to all the other circumstances of the case, an abetment of suicide - In such a case onus does not shifts exclusively and heavily on an accused - Accused acquitted in view of sketchy ocular..........

Showing : 401-410 of 614 Results