Article 303(1) unless
Parliament makes the declaration contained in Article
303(2) , the State's power contained in Article 304(b) is
made ... relates to both. Article
304again begins with a non-obstante clause mentioning
both Article 301 and Article 303 , though Article 304
relates only
impugned judgment have held that Clauses (a) and (b) of Article 304 of
the Constitution of India, 1950 (in short the `Constitution') are independent ... impedes the trade and thus violates Article 301 of the
Constitution can be saved by reference to Article 304 of the
Constitution alone
Article 303(1) unless
Parliament makes the declaration contained in Article
303(2) , the State's power contained in Article 304(b) is
made ... relates to both. Article
304again begins with a non-obstante clause mentioning
both Article 301 and Article 303 , though Article 304
relates only
discrimination decreed by Article 303(1)
unless Parliament makes the declaration
under Article 303(2) , the State power
contained in Article 304(b) is made ... expressly
free from the prohibition contained in Article
303(1) because the opening words of Article
304 contains a non-obstante clause both to
Article
appeal, learned counsel for the
appellants submitted that ingredients of Section 304-B and
498A are not made out. There was no evidence regarding ... accepted by
the prosecution witnesses that there was no demand for
valuable articles at any point subsequent to the marriage
in case of Manju
about the tortures
meted out to her for not bringing the dowry articles. To similar effect is
the evidence of Dayanand Mahto ... claimed, the accused was guilty
of offence in terms of Section 304-B IPC. It was noticed that there was no
evidence to show that
ARIJIT PASAYAT, J.
Challenge in this writ petition under Article 32 of the
Constitution of India, 1950 (in short the 'Constitution ... Indian Penal Code, 1860 (in
short the ' IPC ') to Section 304(1) read with Section 109 IPC
and custodial sentence of 10 years
marriage in the form of cash, ornaments,
clothes or other articles, shall not be
deemed to be dowry within the meaning of
this section, unless ... Indian Penal Code (45 of 1860)."
Explanation to Section 304-B refers to dowry "as having
the same meaning as in Section
short the ' IPC ') and moved an
application for seizure of articles purported to have been given
as dowry. In the complaint ... fire. Police registered a
case relating to offences punishable under Section 304(B) and
498 (A) read with Section 34 IPC. On the basis
MANU/SC/803/2006, 2006 BLJR 1 304, (2006) 1 CURLR 772, (2006) 2 LAB LN 34, (2006) 2 PAT LJR 198, (2006) 2 SERVLR ... Nagpur Bench, Nagpur, dismissing the writ
petition filed by the petitioner under Article 226 of the Constitution of
India, 1950 (in short `the Constitution
