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1 - 10 of 30 (0.78 seconds)The Indian Evidence Act, 1872
The Indian Penal Code, 1860
Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Dowry Prohibition Act, 1961
Article 20 in Constitution of India [Constitution]
Section 8A in The Dowry Prohibition Act, 1961 [Entire Act]
Section 2 in The Dowry Prohibition Act, 1961 [Entire Act]
Ashok Kumar vs State Of Haryana on 8 July, 2010
16 It has already been pointed out that both in Pathan Hussain Basha as
well as in Ashok Kumar v. State of Haryana 2010 (12) SCC 350, authored
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by our same learned Brother, the use of word “shown” in Section 304B has
palpably not been given due weightage inasmuch as it has been freely
substituted by the word “proved”.
Nallam Veera Stayanandam & Ors vs The Public Prosecutor, High Court Of A.P on 24 February, 2004
To the contrary in Nallam Veera
Stayanandam v. Public Prosecutor 2004 (10) SCC 769, it has been opined
that “it is for the defence in this case to satisfy the Court that irrespective of
the prosecution case in regard to dowry demand and harassment, the death of
the deceased has not occurred because of that and that the same resulted
from a cause totally alien to such dowry demand or harassment.”
17 Keeping in perspective that Parliament has employed the amorphous
pronoun/noun “it” (which we think should be construed as an allusion to the
prosecution), followed by the word “shown” in Section 304B, the proper
manner of interpreting the Section is that “shown” has to be read up to mean
“prove” and the word “deemed” has to be read down to mean “presumed”.
Neither life nor liberty can be emasculated without providing the individual
an opportunity to disclose extenuating or exonerating circumstances.