Dowry Prohibition Act, 1980
Section 2
Though the marriage between the parties ended in divorce but the overall fact remains that the marriage between the parties is no longer subsisting. It is found that the claim for dowry by the accused was made long after the - divorce. The claim for dowry in the case does not come within the mischief of the definition of dowry as laid down in section 2 of the Act. [74 DLR 624]
Section 2-Under section 2 of the Act the word, consideration refers to any act of "unlawful gain" to be derived in the course of or out of a marital affairs and for under in ambit. Nure Alam vs State, 65 DLR 396
S. 2-Under section 2 of the Act the word, consideration refers to any act of "unlawful" gain to be derived in the course of or out of a marital affairs and for under in ambit. Nure Alam Vs. State, 65 DLR (2013)-HCD-396.
Section 4- It is the act of demanding dowry perse has been made punishable. There is no requirement, as an ingredient to constitute the offence under section 4 of the Act, that the amount demanded as dowry should also be paid. Mere demand of dowry, subject to proof, would bring the conduct within the mischief of section 4 of the Act. Nure Alam vs State, 65 DLR 396
S. 4-It is the act of demanding dowry perse has been made punishable. There is no requirement, as an ingredient to constitute the offence under section 4 of the Act, that the amount demanded as dowry should also be paid. Mere demand of dowry, subject to proof, would bring the conduct within the mischief of section 4 of the Act.
Nure Alam Vs. State, 65 DLR (2013)-HCD-396.
Section 4-When the prosecution fails to prove the date of occurrence the question of proving the place and manner of occurrence cannot raise at all. There is strong link among the time, the place and manner of occurrence. Where there is no date of occurrence there cannot be any time, place and manner of occurrence. The Court below without proper appreciation of the evidence on record found the accused guilty under section 4 of the Act. Anwar Hossain vs State, 68 DLR 76
