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this Court held that the word "dowry" should be any property or valuable given or agreed to be given in connection with the marriage | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The customary payments in connection with birth of a child or other ceremonies are not covered within the ambit of the word "dowry | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court,in Madhu Sudan Malhotra v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Kishore Chand Bhandari,1988 Supp | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
SCC 424 1987 Indlaw SC 28308 held that furnishing of a list of ornaments and other household articles such as refrigerator,furniture and electrical appliances,etc.to the parents or guardians of the bride,at the time of settlement of the marriage,prima facie amounts to demand of dowry within the meaning of S.2 of the Act | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The definition of "dowry" is not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands,was the dictum of this Court in State of A.P.v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Raj Gopal Asawa,(2004)4 SCC 470 2004 Indlaw SC 205 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The courts have also taken the view that where the husband had demanded a specific sum from his father-in-law and upon not being given,harassed and tortured the wife and after some days she died,such cases would clearly fall within the definition of "dowry" under the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.4 of the Act is the penal section and demanding a "dowry",as defined under S.2 of the Act,is punishable under this section | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As already noticed,we need not deliberate on this aspect,as the accused before us has neither been charged nor punished for that offence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have examined the provisions of S.2 of the Act in a very limited sphere to deal with the contentions raised in regard to the applicability of the provisions of Section 304-B of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have already referred to the provisions of Section 304-B of the Code and the most significant expression used in the section is "soon before her death".In our view,the expression "soon before her death" cannot be given a restricted or a narrower meaning | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They must be understood in their plain language and with reference to their meaning in common parlance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These are the provisions relating to human behaviour and,therefore,cannot be given such a narrower meaning,which would defeat the very purpose of the provisions of the Act Of course,these are penal provisions and must receive strict construction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But,even the rule of strict construction requires that the provisions have to be read in conjunction with other relevant provisions and scheme of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further,the interpretation given should be one which would avoid absurd results on the one hand and would further the object and cause of the law so enacted on the other | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are of the considered view that the concept of reasonable time is the best criteria to be applied for appreciation and examination of such cases | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court in Tarsem Singh v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Punjab,(2008 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
16 SCC 155 2008 Indlaw SC 1962 held that the legislative object in providing such a radius of time by employing the words "soon before her death" is to emphasise the idea that her death should,in all probabilities,has been the aftermath of such cruelty or harassment | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,there should be a reasonable,if not direct,nexus between her death and the dowryrelated cruelty or harassment inflicted on her | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similar view was expressed by this Court in Yashoda v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of M.P,(2004)3 SCC 98 2004 Indlaw SC 132 where this Court stated that determination of the period would depend on the facts and circumstances of a given case | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However,the expression would normally imply that there has to be reasonable time gap between t he cruelty inflicted and the death in question | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If this is so,the legislature in its wisdom would have specified any period which would attract the provisions of this section | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However,there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For want of any specific period,the concept of reasonable period would be applicable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus,the cruelty,harassment and demand of dowry should not be so ancient,whereafter,the couple and the family members have lived happily and that it would result in abuse of the said protection | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such demand or harassment may not strictly and squarely fall within the scope of these provisions unless definite evidence was led to show to the contrary | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These matters,of course,will have to be examined on the facts and circumstances of a given case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The cruelty and harassment by the husband or any relative could be directly relatable to or in connection with,any demand for dowry | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The expression "demand for dowry" will have to be construed ejusdem generis to the word immediately preceding this expression | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Similarly,"in connection with the marriage" is an expression which has to be given a wider connotation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is of some significance that these expressions should be given appropriate meaning to avoid undue harassment or advantage to either of the parties | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These are penal provisions but ultimately these are the social legislations,intended to control offences relating to the society as a whole | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dowry is something which existed in our country for a considerable time and the legislature in its wisdom considered it appropriate to enact the law relating to dowry prohibition so as to ensure that any party to the marriage is not harassed or treated with cruelty for satisfaction of demands in consideration and for subsistence of the marriage | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Court cannot ignore one of the cardinal principles of criminal jurisprudence that a suspect in the Indian law is entitled to the protection of Art.20 of the Constitution of India as well as has a presumption of innocence in his favour | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,the rule of law requires a person to be innocent till proved guilty | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The concept of deeming fiction is hardly applicable to the criminal jurisprudence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In contradistinction to this aspect,the legislature has applied the concept of deeming fiction to the provisions of Section 304-B.Where other ingredients of Section 304-B are satisfied,in that event,the husband or all relatives shall be deemed to have caused her death | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In other words,the offence shall be deemed to have been committed by fiction of law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Once the prosecution proves its case with regard to the basic ingredients of Section 304-B,the Court will presume by deemed fiction of law that the husband or the relatives complained of,has caused her death | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such a presumption can be drawn by the Court keeping in view the evidence produced by the prosecution in support of the substantive charge under Section 304-B of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Applying these principles to the facts of the present case,it is clear that the ingredients of Section 304B read with Section 498A IPC are completely satisfied in the present case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By a deeming fiction in law,the onus shifts on to the accused to prove as to how the deceased died | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is for the accused to show that the death of the deceased did not result from any cruelty or demand of dowry by the accused persons | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused did not care to explain as to how the death of his wife occurred | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Denial cannot be treated to be the discharge of onus | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Onus has to be discharged by leading proper and cogent evidence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was expected of the accused to explain as to how and why his wife died,as well as his conduct immediately prior and subsequent to the death of the deceased | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Maintaining silence cannot be equated to discharge of onus by the accused | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case,the prosecution by reliable and cogent evidence has established the guilt of the accused | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There being no rebuttal thereto,there is no occasion to interfere in the judgments of the courts under appeal | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court acquitted Pathan Khadar Basha,the fatherin-law of the deceased,as there was no direct evidence against him | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His acquittal has not been challenged by the State before us,thus,we are not called upon to discuss this aspect of the matter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Accused Pathan Hussain Basha and Pathan Nazeer Abi have rightly been found guilty of the offence by the courts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
While we see no reason to differ with the concurrent findings recorded by the trial court and the High Court,we do see some substance in the argument raised on behalf of the appellants that keeping in view the prosecution evidence,the attendant circumstances,the age of the accused and the fact that they have already being in jail for a considerable period,the Court may take lenient view as far as the quantum of sentence is concerned | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The offences having been proved against the accused and keeping in view the attendant circumstances,we are of the considered view that ends of justice would be met,if the punishment awarded to the appellants is reduced | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Consequently,we award ten years Rigorous Imprisonment to the appellants | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeals are partially accepted to the extent afore-indicated | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeals partly allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal with special leave is directed against the judgment and order of the Labour Appellate Tribunal of India in a dispute regarding the workers' claim for bonus | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the year 1948 the appellant made a profit of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
11,97,648-11-9 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It paid 24 3 per cent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
dividend on ordinary shares, being the maximum that could be paid under the Public Companies (Limitation of Dividend) Ordinance of 1948 and also paid to the workers their full share of bonus at annas 4 in a rupee of their basic earnings | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the year 1949 the selling rates for cloth and yarn were controlled by the Government and were approximately 4 per cent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
below those obtained in 1948 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The basic wages were increased from the 1st December, 1948, by order of the Government of Uttar Pradesh and the total wages paid were therefore higher than those in the previous year | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was moreover indiscipline amongst the workers and production suffered | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was a strike in the month of October and the mills were closed for nearly a month | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further the management were unable to secure cotton which resulted in the curtailment of the working hours | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As a result of all these circumstances the appellant suffered a trading loss of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
5,02,563-1-10 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2,50,000 being the excess reserve for taxation was written back and a sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
10,01,871-13-5 being the amount of reserve transferred from the investment account was also brought in | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
An aggregate sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
12,51,871-13-5 was thus brought into the balance sheet by these two transfers | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The trading loss was deducted from this amount leaving a credit balance of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
7,49,308-11-7 and that amount was shown as the profit for the year 1949 in the balance-sheet for that year | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The balance which had been brought forward from the previous year was added thereto and a dividend of 243/4 per cent. was paid to the ordinary shareholders | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant also paid ex gratia to the workmen bonus at the rate of annas 2 per rupee of their basic earnings making it clear by their notification dated the 7th April, 1950, that the directors had sanctioned the payment at that rate in spite of the appellant having suffered a trading loss for the year, that it was being paid entirely at the discretion of the appellant and was not related to or connected with any contract of employment of any worker | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 4th May, 1950, the Secretary of the respondent Union petitioned to the Provincial Conciliation Officer (Textile) that there was more production in 1949 than in 1948, that there was no reason to hold that the profit in 1949 was less than in the previous year and that the rate of bonus was wrongly reduced and asked that bonus for 1949 should also be paid at the rate of annas 4 per rupee | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The industrial dispute which thus arose was referred for enquiry and recording of an award to the Regional Conciliation Board (Textile), Kanpur | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Conciliation Board by a majority decision repelled the contention of the appellant and awarded the payment of bonus at annas 4 per rupee | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On an appeal taken by the appellant to the Industrial Court (Textiles and Hosiery), Kanpur, the Industrial Court accepted the contention of the appellant, allowed the appeal and set aside the award | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The respondent thereupon appealed to the Labour Appellate Tribunal which substantially agreed with the Industrial Court on questions of fact as well as the general position in law but imported considerations of social justice and treating this as a special case " where social justice would demand that labour should have bonus for the year where for that very year capital had not only a reasonable return but much in excess of that ", allowed the appeal and directed the appellant to pay to the workmen bonus at the rate of annas 4 per rupee within six weeks of their decision | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant filed this appeal against that decision after obtaining special leave from this Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Both the Industrial Court as well as the Labour Appellate Tribunal found as a fact that there was a trading loss of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
5,02,563-1-10 during the year 1949 and also | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
that the dividend of 243/4 per cent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
to the ordinary shareholders was distributed after transferring the aggregate sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
12,51,871-13-5 from the reserves | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question which therefore arises for our consideration is mainly whether the workers are entitled to the payment of a bonus in spite of the employer having worked at a loss during the year and incidentally whether the workers have any right, title or interest in the reserves and the undistributed profits of the previous years | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The primary meaning of the word " bonus " according to the definition given in the New English Dictionary is:-" A boon or gift over and above what is nominally due as remuneration to the receiver and which is therefore something wholly to the good | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This definition was adopted by Stirling J. in In re Eddystone Marine Insurance Co, L. R. (I894) W. N. 30; Webster's International Dictionary defines bonus as "something given in addition to what is ordinarily received by or strictly due to the recipient | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Oxford Concise Dictionary defines it as " something to the good, into the bargain (and as an example) gratuity to workmen beyond their wages | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Corpus Juris Secundum, Volume XI, at page 515 ascribes the following meanings to the word bonus: " An allowance in addition to what is usual current or stipulated ; a sum given or paid beyond what is legally required to be paid to the recipient; something given in addition to what is ordinarily received by or strictly due to the recipient" and adds: It has been said to carry the idea of something uncertain and indefinite, something which may or may not be paid depending on varying circumstances and under particular conditions has been said to imply a benefit accruing to him who offers it and an inducement to the offeree | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This imports the conception of a boon, a gift or a gratuity otherwise described as an ex gratia payment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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