web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: DP Act 3 – Giving Abeting to Give Taking Abeting to Take are offences

State of U.P Vs Santosh Kumar and Ors on 3 Sep 2009

Posted on June 18 by ShadesOfKnife

A decision from the erudite pen of Justice Dalveer Bhandari ji… clearly says, if demand for dowry is satisfied, such act of dowry giver constitutes an offence under section 3 of DP Act.

From Para 40,

40. Section 4 of the Dowry Act deals with penalty for demanding dowry, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be. The object of section 4 is to discourage the very demand for property or valuable security as consideration for a
marriage between the parties thereto. Section 4 prohibits the demand for ‘giving’ property or valuable security which demand, if satisfied, would constitute an offence under section 3 read with section 2 of the Act.

State of U.P Vs Santosh Kumar and Ors on 3 Sep 2009

Citations: [2009 AIR SC 2687], [2009 SCC 9 626], [2010 MWN CR 1 39], [2009 AIOL 1115], [2009 ANJ SC 2 350], [2009 JT 11 592], [2009 SCALE 12 269], [2010 SCC CRI 1 88], [2009 SCR 14 106], [2009 SUPREME 6 448], [2010 ECRN SC 1 196], [2010 MLJ CRL 1 679], [2010 ALL LJ 1 180]

Other Sources:

https://indiankanoon.org/doc/521213/

https://www.casemine.com/judgement/in/5609aecee4b0149711414da5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences DP Act 4 - Penalty for Demanding Dowry Justice Dalveer Bhandari Legal Procedure Explained - Interpretation of Statutes PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order State of U.P Vs Santosh Kumar and Ors | Leave a comment

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Posted on March 7, 2022 by ShadesOfKnife

Another misinterpretation of Section 3 of DP… this time from Allahabad High Court.

Ram Charitra Tiwari and Ors Vs State of UP and Anr on 13 Jul 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/44284755/

https://www.casemine.com/judgement/in/60f50c979fca193a50689444

News:

Dowry Prohibition Act Protects Dowry Giver: Allahabad HC

https://lawsisto.com/legalnewsread/MTA2NzU=/Dowry-Prohibition-Act-Protects-Dowry-Giver-Allahabad-HC

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam PIL - Dowry Givers should be Prosecuted Pooja Saxena vs State and Anr Ram Charitra Tiwari and Ors Vs State of UP and Anr Reportable Judgement or Order | Leave a comment

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003

Posted on August 1, 2021 by ShadesOfKnife

A Full Bench gave this decision upon a reference from a Division bench of AP High Court on the question as to whether the law laid down by a Division Bench of this Court in Ayyala Rambabu v. State of Andhra Pradesh, 1993 (1) Andh LT (Cri) 73 and by a learned single Judge of this Court in Nunna Venkateswarlu v. State of A. P., 1996 Cri LJ 108 is good law.

The answer was a NO.

From Paras 17-19,

17. The definition of “dowry”, the object of the Act and the above decisions of the Apex Court clearly show that any property or valuable security given or agreed to be given comes within the purview of “dowry” on three occasions in which any property or valuable security comes within its purview. They are — (i) before the marriage, (ii) at the time of marriage, and (iii) “at any time” after the marriage. The third occasion may appear to be an unending period, but the crucial words are “in connection with the marriage of the parties”. This means, giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties.

18. The Legislature in its wisdom while providing for the definition of “dowry” has emphasized that any money, property or valuable security given as consideration for marriage “before, at or any time after” the marriage would be covered by the expression “dowry”, and this definition as contained in Section 2 of the Act has to be read whenever the expression “dowry” occurs in the Act, The meaning of expression “dowry” as commonly used and understood is different from the peculiar definition thereof under the Act.

19. Under Section 3 of the Act, if a person gives or takes are abets the giving or taking dowry shall be punished. Under Section 4 of the Act mere demand of dowry is sufficient to bring home the offence to an accused. Thus, any demand of money, property or valuable security, made from the bride or her parents or other relatives, or the bridegroom or his parents or other relatives, or vice versa, would fall within the mischief of “dowry” under the Act, where such demand is not properly referable to legally recognized claim and relatable only to the consideration of the marriage.

Indiankanoon version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (IK Ver)

Casemine version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (CM Ver)

Citations : [2004 EASTCRIC 3 48], [2004 ALT 2 504], [2004 ALD CRI 1 519], [2003 SCC ONLINE AP 830], [2003 SUPP ACC 875], [2004 CRI LJ 1629], [2004 HLR 2 144]

Other Sources :

https://indiankanoon.org/doc/1945624/

https://www.casemine.com/judgement/in/5608f835e4b0149711141c0f

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to DP Act 2 - Definition of Dowry DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences DP Act 4 - Penalty for Demanding Dowry Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced PIL - Dowry Givers should be Prosecuted Public Prosecutor High Court of A.P. Hyd Vs Nese Jilakara Sreeramulu Reportable Judgement or Order Sandeep Pamarati | Leave a comment

NCRB does not collect Info on Dowry Givers

Posted on July 14, 2020 by ShadesOfKnife

Here is the Response I got from NCRB stating that ‘Information on persons arrested for crime of giving dowry is not collected by NCRB‘

NCRB does not collect Info on Dowry Givers
Posted in RTI Application | Tagged Dowry Prohibition Act 1961 DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences NCRB does not collect Info on Dowry Givers PIL - Dowry Givers should be Prosecuted | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • P Amutha Vs Gunsekaran on 23 Dec 2022 December 1, 2023
  • Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 December 1, 2023
  • Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 December 1, 2023
  • Sanjay Bhalkar Vs State of Maharashtra on 13 Jan 2020 November 27, 2023
  • Omprakash Sahni Vs Jai Shankar Chaudhary and Anr on 02 May 2023 November 26, 2023

Most Read Posts

  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (4,396 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,966 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,869 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,793 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,758 views)
  • Shilpashree J.M. Vs Gurumanjunatha .A.S. on 19 Jun 2023 (1,725 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (1,449 views)
  • Anshu Gupta Vs Adwait Anand on 09 Aug 2023 (1,172 views)
  • Asfaq Alam Vs State of Jharkhand and Anr on 31 Jul 2023 (952 views)
  • Niharika Kundu Vs Shankar Ghosh on 12 Sep 2023 (880 views)

Tags

Reportable Judgement or Order (360)Legal Procedure Explained - Interpretation of Statutes (347)Landmark Case (334)2-Judge (Division) Bench Decision (300)Catena of Landmark Judgments Referred/Cited to (234)Work-In-Progress Article (216)1-Judge Bench Decision (196)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (88)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (58)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (41)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)HM Act 13 - Divorce Granted to Husband (35)Advocate Antics (35)PWDV Act 20 - Maintenance Granted (33)

Categories

Supreme Court of India Judgment or Order or Notification (664)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (162)High Court of Delhi Judgment or Order or Notification (120)High Court of Bombay Judgment or Order or Notification (96)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (59)General Study Material (55)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)Assorted Court Judgments or Orders or Notifications (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)District or Sessions or Magistrate Court Judgment or Order or Notification (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (27)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Online RTI Portal for State of Andhra Pradesh
  • A. GIRI KUMAR, National Resource person To act on Online RTI Portal for State of Andhra Pradesh
  • Akif on Lifecycle Stages of a Maintenance Case under Section 125 CrPC
  • ShadesOfKnife on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
  • Adv. Dipankar Saha on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Archives of SoK

  • December 2023 (3)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • HKG (Hong Kong) on 2023-12-13 December 13, 2023
    THIS IS A SCHEDULED EVENT Dec 13, 19:00 - 23:00 UTCNov 29, 09:40 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-13 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • BKK (Bangkok) on 2023-12-12 December 12, 2023
    THIS IS A SCHEDULED EVENT Dec 12, 17:00 - 23:00 UTCDec 1, 13:41 UTCScheduled - We will be performing scheduled maintenance in BKK (Bangkok) datacenter on 2023-12-12 between 17:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • HKG (Hong Kong) on 2023-12-11 December 11, 2023
    THIS IS A SCHEDULED EVENT Dec 11, 19:00 - 23:00 UTCNov 29, 09:20 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-11 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 45.141.148.149 | S November 30, 2023
    Event: Bad Event | Total: 1,030 | First: 2023-09-21 | Last: 2023-11-30
  • 193.169.194.170 | SD November 30, 2023
    Event: Bad Event | Total: 3,801 | First: 2023-11-05 | Last: 2023-11-30
  • 91.238.105.130 | SDW November 30, 2023
    Event: Bad Event | Total: 3,246 | First: 2023-05-12 | Last: 2023-11-30
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 831 access attempts in the last 7 days.

pixel