NARI-O-SHISHU NIRJATAN (SPECIAL PROVISION) AIN, 1995

NARI-O-SHISHU NIRJATAN (SPECIAL PROVISION) AIN, 1995 (XVIII OF 1995)

Sections—2 (Cha), 10 and 11

Dowry

The word ‘dowry’ used in sections 11 and 10 of the Am shall have to be understood in its ordinary meaning, namely property brought by woman to her husband at marriage or vice versa. CIT (dowry) has been used in these sections of the Am not only to mean property or valuable security agreed to be given at the time or before or after the marriage but also property etc. demanded after the marriage for which there was no previous agreement.

Dipak Kumar Roy alias Kazal Vs. The State, 18BLD(HCD)392

Ref: 46 DLR(AD) 169—relied

Section—17

In taking cognizance of an offence under this Act the Bishesh Adalat will consider whether a prima facie case has been disclosed under the said Act against the accused on perusal of the FIR, the charge-sheet and other materials on record. If the said Adalat takes cognizance of the case, it will give a hearing to the prosecution and the accused for the purpose of framing charge under section 241 Cr.P.C. with liberty to decide on its own whether to frame charges or not.

Md. Mohiuddin and others Vs Md. Motiur Rahman and another, 17BLD(AD)193

Section—20

The Act does not provide for any consequence for failure of the trial Court to conclude the trial within one hundred and twenty days. The legislature having not provided for any penal provision in case of failure of the trial Court to conclude the trial within the fixed period does not result in any penal consequence. This limitation of time for disposal of cases is merely directory and not mandatory in nature.

Habibur Rahman Zakir and others Vs The State, 17BLD(HCD)440.