DOWRY PROHIBITION ACT

Sl No.TitleCoramDate of JudgementSubjectHeadNotes
1PRATIBHA RANI Vs. SURAJ KUMAR & ANR.Coram: FAZALALI, SYED MURTAZA12/03/1985Nature, character and concomitants of stridhan-Right of exclusive ownership over the stridhan during coverture- Whether the dowry/stridhan given to a wife and her exclusive property becomes a joint property/partnership property by a fictionThe appellant Pratibha Rani, the estranged wife of the first respondent Suraj Kumar, filed a criminal complaint against her husband, his father, his three brothers and a brother-in-law in the court of the Additional Chief Judicial MagistraClick here to see Subject, Head Notes, Citation and Judgement
2SMT. SHANTI AND ANR. Vs. STATE OF HARYANACoram: REDDY, K. JAYACHANDRA (J)13/11/1990Indian Penal Code, 1860: Sections 304-B and 498-A--Scope of. Dowry Death--Relative of the husband of a woman subject- ing her to cruelty--Woman's death occurring in unnatural circumstances--Prosecution of Accused-Conviction under sec- tion 3The appellants, along with three other co-accused, were charged of committing a dowry death. They were prosecuted under sections 201, 304-B and 498-A of the Indian Penal Code. The Trial Court convicted the appellants on all the countsClick here to see Subject, Head Notes, Citation and Judgement
3SONI DEVRAJBHAI BABUBHAI Vs. STATE OF GUJARAT AND ORS.Coram: VERMA, JAGDISH SARAN (J)28/08/1991Indian Penal Code, 1860: Section 304-B (As inserted by Act 43 of 1986)--Scope and object of--Dowry death-Death occuring prior to insertion of Section 304-B Section 304-B held prospective and consequently inapplicable--It contains a substantivAppellant's daughter was married to respondent No. 2 on 15.12.1984. She died on 13.8.1986. The appellant filed a criminal comp-. laint against the respondents viz. daugh- ter's husband and his relatives for an offence under section 498-A,Click here to see Subject, Head Notes, Citation and Judgement
4STATE OF HIMACHAL PRADESH Vs. NIKKU RAM AND ORS.Coram: K. RAMASWAMY , B.L. HANSARIA30/08/1995Penal Code 1860-Sections 304B, 324--Autopsy revealing death by naphthalene poisoning and two wounds found on person of deceased-Whether offence of dowry death made out-Held, wounds on the person of deceased could not have caused death-Death was byPartly allowing the appeal, this Court HELD : 1. The prosecution failed to bring home the offence either under Section 304B or Section 306 against any of the respondents. The only offence made out is under Section 324 against the mother-in-law oClick here to see Subject, Head Notes, Citation and Judgement
5S.GOPAL REDDY Vs. STATE OF ANDHRA PRADESHCoram: ANAND, A.S. (J)11/07/1996Criminal Law : Dowry Prohibition Act, 1961 : Sections 2 and 4-Scope of-Held: Covers the demand of dowry as a consideration for a proposed marriage-"Marriage" includes proposed marriage which has still to take place-The peculiar definition ofAllowing the appeal, this Court HELD : 1.1. Any "demand" of "dowry" made before, at or after the marriage, where such demand is made as a consideration for marriage would attract the provisions of Section 4 of the Dowry Prohibition Act, 1961. [4Click here to see Subject, Head Notes, Citation and Judgement
6PAWAN KUMAR & ORS. Vs. STATE OF HARYANACoram: CJI, A.P. MISRA09/02/1998Criminal Law: Penal Code, 1860 Section 304-B-Ingredients of-Dowry death-Presumption of- "Demand of dowry"- Proof of-Burden-Cruelty or harassment of wife-In connection with demand of dowry by husband soon before the death of his wife by suicide-HAllowing the appeal, this Court HELD : 1.1. The ingredients necessary for the application of Section 304-B of the Indian Penal Code, 1860 are :- [753-F] (a) When the death of a woman is caused by any burns or bodily injury, or [753-F] (b)Click here to see Subject, Head Notes, Citation and Judgement
7MARY ANGEL & ORS. Vs. STATE OF TAMIL NADUCoram: K.T.THOMAS, M.B.SHAH13/05/1999Criminal Procedure Code, 1973-Section 482-Inherent powers of High Court- Scope of-Power to impose costs-Maxims-Maxim-expressio unius est exclusio alterius-Applicability. A charge sheet was filed against Al to A6 u/s 498A, 406, 420, 315 Indian PDismissing the appeal, this Court HELD : 1.1. While exercising inherent jurisdiction under Section 482, Court has power to pass `such order' (not inconsistent with any provision of the Code) including the order for costs in appropriate cases, (iClick here to see Subject, Head Notes, Citation and Judgement
8State of Karnataka Vs. M.V. Manjunathegowda & Anr.Coram: Y.K. SABHARWAL, H.K. SEMA.07/01/2003Penal Code, 1860-Sections 302, 201 and 304B-Dowry death-Death within 7 years of marriage-Cruelty to deceased soon before the incident- Prosecution witnesses contradictory-Evidence of sole witness not corroborated by the circumstances of the case-CPartly allowing the appeal, the Court HELD: 1. If the statement of PW-9 is excluded from consideration, the entire prosecution story with regard to the offence of murder under Section 302 IPC, rests on the circumstantial evidence. In the case ofClick here to see Subject, Head Notes, Citation and Judgement
9Ramesh and Ors. Vs. State of Tamil NaduCoram: P. VENKATARAMA REDDI, A.K. MATHUR03/03/2005Penal Code, 1860/Dowry Prohibition Act: ss. 498-A and 406/ss. 3 and 4-Wife alleging commission of offences under these sections against her husband and his relatives-Allegation against husband's sister that she was insulting and making derogatoryK.K. Mani for the Petitioner in T.P. (C) No. 603/2003. R.Ayyam Perumal, S. Vallinayagam, G. Umapathy, B. Balaji, S. Gowthaman, Satya Mitra Garg and Badri Prasad Singh for the Respondent.Click here to see Subject, Head Notes, Citation and Judgement
10PANAKANTI SAMPATH RAO Vs. STATE OF A.P.Coram: DR.AR.LAKSHMANAN, LOKESHWAR SINGH PANTA18/05/2006Penal Code, 1860: ss.302 and 498-A-Husband along with his parents prosecuted for causing death of his wife within seven years of marriage-Evidence indicating cruelty and harassment of wife for dowry by husband-Medical evidence disclosing death byBaijoyonta Barooah, for Sunil Kumar Jain for the Appellant. P. Vinay Kumar and D. Bharathi Reddy, for the Respondent.Click here to see Subject, Head Notes, Citation and Judgement
11Ram Badan Sharma Vs. State of BiharCoram: S.B. SINHA, DALVEER BHANDARI21/08/2006Penal Code, 1860: Sections 304-B and 201. Dowry death-Parents of deceased-wife failed to give dowry articles-The deceased was harassed and was ultimately killed by administering poison to her by her husband and in-laws-The deceased died after eatiDismissing the appeals, the Court HELD: 1. When the evidence of the instant case is closely examined, then the conclusion regarding the guilt of the accused persons becomes irresistible. There is an overwhelming evidence to establish that there haClick here to see Subject, Head Notes, Citation and Judgement
12Gajanand Agarwal Vs. State of Orissa & OrsCoram: ARIJIT PASAYAT, LOKESHWAR SINGH PANTA18/09/2006Criminal Procedure Code, 1973-Section 438-Penal Code, 1860-Sections 498A, 304B, 302 and 406-Dowry Prohibition Act, 1961-Section 4 `-Bail applications of accused rejected by trial Court .and High Court on earlier occasions-Bail granted by the High CouAllowing the appeals, the Court HELD: 1.1. On a cursory perusal of the High Court order granting bail, it shows complete non-application of mind. Though detailed examination of the evidence and elaborate documentation of the merits of the case isClick here to see Subject, Head Notes, Citation and Judgement
13Sanghamitra Ghosh Vs. Kajal Kumar GhoshCoram: G.P. MATHUR, DALVEER BHANDARI20/11/2006Hindu Law: Hindu Marriage Act, 1955; Section 9: Wife tortured by her husband and in-laws-She was driven out of her matrimonial home along with her minor child-Criminal complaint-Filing of a petition by her husband in a District Court for restitDisposing of the petition, the Court HELD: 1. In order to do complete justice in the matrimonial matters, this Court has been less hesitant in exercising its extra-ordinary jurisdiction under Article 142 of the Constitution. In view of peculiarClick here to see Subject, Head Notes, Citation and Judgement
14APPASAHEB AND ANR. Vs. STATE OF MAHARASHTRACoram: G.P. MATHUR , R.V. RAVEENDRAN05/01/2007Penal Code, 1860-Section 304-B-Applicability-Scope of-Held: Demand of money for meeting domestic expenses or for purchasing manure not demand for `dowry' so as to attract section 304-B-Thus, essential ingredient of section 304-B, demand for dowry notAllowing the appeal, the Court HELD: 1.1. The two essential ingredients of section 304-B IPC, apart from others, are (i) death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, and (ii) woman isClick here to see Subject, Head Notes, Citation and Judgement
15Anuran Rastogi & Ors Vs. State of U.P. and AnrCoram: DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA07/02/2007Code of Criminal Procedure, 1973: ss.190 and 193 - Cognizance of offence u/ss. 498A, 323 and 504 IPC & ss.3 & 4 of Dowry Prohibition Act by Magistrate - Application by informant that on the basis of evidence collected by Investigating Officer, casDisposing of the appeal, the Court HELD: The High Court has unnecessarily made certain observations which lead to contrary conclusions. Having held that the proper stage for consideration is stage of framing charge, there was no necessity for furtClick here to see Subject, Head Notes, Citation and Judgement
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