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.