Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!