DOWRY PROHIBITION ACT

Sl No.	Title	Coram	Date of Judgement	Subject	HeadNotes
16	N. Suriyakala Vs. A. Mohandoss & Ors.	Coram: S. B. SINHA, MARKANDEY KATJU	12/02/2007	Constitution of India, 1950-Article 136-Scope of-Held: It is a residual provision which enables the Supreme Court to interfere with judgment or order of any Court or Tribunal in its discretion-Power under Art. 136 to be exercised sparingly and in exc	Dismissing the appeal, the Court HELD: 1. The special leave petition was filed 978 days after the delivery of the impugned judgment i.e. after a delay of 888 days. The explanation given in the delay condonation application is not satisfactory and	Click here to see Subject, Head Notes, Citation and Judgement
17	Biswajit Halder @ Babu Halder & Ors Vs. State of West Bengal	Coram: DR. ARIJIT PASAYAT, S.H. KAPADIA	19/03/2007	Penal Code, 1860: s. 304B-Applicability of-Held, applicable when cruelty or harassment is in connection with dowry demand-Evidence Act, 1872-s.113B-Dowry death. Prosecutions case is that deceased was subjected to harassment by her husband and i	Allowing the appeal, the Court HELD: 1. Reading together s. 304B IPC and s.113B of Evidence Act, 1872, a comprehensive picture emerges that if a married women dies in an unnatural circumstance at her matrimonial home within 7 years from her marria	Click here to see Subject, Head Notes, Citation and Judgement
18	Gajanand Agarwal Vs. State of Orissa and Anr	Coram: Dr. ARIJIT PASAYAT , LOKESHWAR SINGH PANTA	12/04/2007	Code of Criminal Procedure, 1993: s.438-While dealing with bail application in case of alleged dowry death, order must show proper application of mind by the Judge-Passing an order of acquittal by commenting on the evidence is impermissible-It sho	Allowing the appeal, the Court Held: 1. The cursory perusal of High Court's order shows complete non-application of mind. Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Cou	Click here to see Subject, Head Notes, Citation and Judgement
19	Shivanand Mallappa Koti Vs. The State of Karnataka	Coram: DR. ARIJIT PASAYAT, D.K. JAIN	05/06/2007	Penal Code, 1860: Section 498-A-Death of a married woman by burn injuries allegedly for unlawful demand of money-Husband, mother-in-law and brother-in-law prosecuted under Sections 302, 498-A IPC and Sections 3, 4 and 6 of the Dowry Prohibition Ac	Allowing the appeal, the Court HELD: 1.1. Section 498-A does not specifically speak of a dowry demand. It speaks of unlawful demand for property and valuable articles. The word "cruelty" under the Explanation deals with two types of circumstance	Click here to see Subject, Head Notes, Citation and Judgement
20	Arvind Kumar & Anr Vs. State of Madhya Pradesh	Coram: R.V. RAVEENDRAN, LOKESHWAR SINGH PANTA	24/07/2007	Penal Code, 1860: s. 306-Abetment to suicide-Bride, owing to harassment and torture for not bringing dowry, committing suicide by setting herself ablaze-Conviction of husband and mother-in-law u/s 306 IPC and s. 4 of Dowry Prohibition Act-Held, a	Allowing the appeal qua A-2 and dismissing it as regards A-1, the Court HELD: 1. There is no direct or circumstantial evidence led by the prosecution to prove the charges against A-2. The evindence brought on record against her is not cogent and c	Click here to see Subject, Head Notes, Citation and Judgement
21	M. Srinivasulu Vs. State of A.P.	Coram: DR. ARIJIT PASAYAT, D.K. JAIN	10/09/2007	Penal Code, 1860-ss. 304B and 498A-Dowry death-Allegation of, on basis of letters written by deceased - Husband convicted by Trial Court-Conviction upheld by High Court-On appeal, held: Reading of the letters in the entirety show that there was, in f	Allowing the appeal, the Court HELD: 1. A conjoint reading of Section 113B of the Evidence Act and Section 304B IPC shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. Prosecution	Click here to see Subject, Head Notes, Citation and Judgement
22	Sanapareddy Maheedhar and Another Vs. State of Andhra Pradesh and Another	Coram: S.B. SINHA, G.S. SINGHVI	13/12/2007	Code of Criminal Procedure, 1973; Ss. 188, 468, 470, 473 & 482/Penal Code, 1860; Ss. 406 and 498A/Dowry Prohibition Act, 1961; Ss. 4 & 6: Matrimonial offences-Court's power to take cognizance beyond period of limitation-Quashing of proceedings bef	Allowing the appeal, the Court HELD: 1. While considering the applicability of Section 468 Cr.P.C. to the complaints made by the victims of matrimonial offences, the court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after	Click here to see Subject, Head Notes, Citation and Judgement
23	Rameshwar Dass Vs. State of Punjab & Anr	Coram: S.B. SINHA, HARJIT SINGH BEDI	13/12/2007	Penal Code, 1860; Ss. 304B, 405 & 406/Dowry Prohibition Act; Ss.3 &4: Unnatural death of wife/Dowry Death-Torturing of wife by husband and in-laws for demand of dowry forcing her to commit suicide-Relationship between husband and deceased-Whether	Dismissing the appeal, the Court HELD: 1.1. The defence of the appellant was that the relationship between the parties was cordial. An attempt was made to prove a few letters allegedly written by the deceased to the accused. The said letters were	Click here to see Subject, Head Notes, Citation and Judgement
24	SUNITA JAIN Vs. PAWAN KUMAR JAIN & ORS.	Coram: C.K. THAKKER, D.K. JAIN	25/01/2008	Code of Criminal Procedure, 1973; Ss. 362 and 482: Quashing of criminal proceedings - Demand of dowry - Torturing of wife by her husband and in-laws - Lodging of FIR by wife - Police filing Challan against husband and in-laws of victim u/ss.498A,	Disposing of the appeal, the Court HELD: 1.1 The High Court was wrong in quashing the proceedings. From the facts, it is clear that a complaint was lodged by the petitioner against respondent Nos. 1 to 3 as also against other accused for offences	Click here to see Subject, Head Notes, Citation and Judgement
25	Ran Singh and Anr. Vs. State of Haryana and Anr.	Coram: DR. ARIJIT PASAYAT, P. SATHASIVAM	30/01/2008	Penal Code, 1860 - ss. 498A, 406, 323, 506, 148 and 149 - Offences under - Complaint against husband his parents, brother and sister - Initiation of prosecution - In revision Sessions Judge directed prosecution of husband alone - High Court holding t	Partly allowing the appeal, the Court HELD: 1. The High Court has fallen in grave error while observing that present appellants "could misappropriate" and "who can practice cruelty". The conclusions are presumptuous. Sessions Judge by a well reaso	Click here to see Subject, Head Notes, Citation and Judgement
26	Renu Kumari Vs. Sanjay Kumar & Ors	Coram: DR. ARIJIT PASAYAT, C.K. THAKKER, LOKESHWAR SINGH PANTA	03/03/2008	Code of Criminal Procedure, 1973 - s.482: Exercise of powers under - Scope - Appellant, wife of Respondent No.3, filed complaint under s.498A IPC and ss.3 & 4 of the Dowry Prohibition Act - Police registered FIR - Charge sheet filed - Respondents	Allowing the appeal, the Court HELD: 1.1. Exercise of power under s.482 CrPC in a case of this nature is the exception and not the rule. The section does not confer any new powers on the High Court. It only saves the inherent power which the Court	Click here to see Subject, Head Notes, Citation and Judgement
27	NARAYANAMURTHY Vs. STATE OF KARNATAKA & ANR.	Coram: S.B. SINHA, LOKESHWAR SINGH PANTA	13/05/2008	Penal Code, 1860: ss.498A and 304-B r.w. Evidence Act, 1872, s.113B - Conviction under - Dowry death - No evidence to show that the deceased was ill-treated or harassed by accused-husband for not satisfying `dowry demand' or there was demand of dowry	Allowing the appeal, the Court HELD: 1.1. There is no evidence to show that there was any cruelty or harassment for or in connection with the demand of dowry. [Para 21] [417-B,C] Tota Singh v. State of Punjab (1987) 2 SCC 529; State of Rajastha	Click here to see Subject, Head Notes, Citation and Judgement
28	BALDEV SINGH Vs. STATE OF PUNJAB	Coram: ARIJIT PASAYAT, HARJIT SINGH BEDI	04/08/2008	Penal Code, 1860 - s.304B: Dowry death - Proximity test - Held: There must be material to show that "soon before" death, the victim was subjected to cruelty or harassment - Prosecution has to rule out the possibility of natural or accidental death	Disposing of the appeal, the Court HELD:1.1.The offence alleged against the accused is under Section 304-B IPC which makes "demand of dowry" itself punishable. Demand neither conceives nor would conceive of any agreement. If for convicting any off	Click here to see Subject, Head Notes, Citation and Judgement
29	PRIYA VRAT SINGH & ORS Vs. SHYAM JI SAHAI	Coram: ARIJIT PASAYAT, P. SATHASIVAM	05/08/2008	Code of Criminal Procedure, 1973 - s. 482 - Inherent powers of High Court - Criminal proceedings against husband u/s 494, 120 B and s. 109 IPC and s. 3 and 4 of the Dowry Prohibition Act, 1961 - Appeal u/s 482 for quashing criminal proceedings - Set	Allowing the appeal, the Court HELD: 1. The powers possessed by the High Court under section 482 of the Code of Criminal Procedure, 1973 are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be ca	Click here to see Subject, Head Notes, Citation and Judgement
30	B. VENKAT SWAMY Vs. VIJAYA NEHRU & ANR.	Coram: ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM	25/08/2008	Criminal Appeal: Penal Code, 1860; ss. 302, 304 and 498: Dowry demand - Husband allegedly committed murder of wife - Has conviction based on circumstantial evidence - Correctness of - Held: Inference of guilt can be justified only when incrimin	Dismissing the appeal, the Court HELD: 1.1 It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstanc	Click here to see Subject, Head Notes, Citation and Judgement
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