Court : Supreme Court of India
..... appellant submitted that: (i) the appellant is residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her of her matrimonial home; (iii) the ..... issue of jurisdiction, mr mahale submitted that (i) the tribunal constituted under the senior citizens act 2007 has the jurisdiction to pass appropriate orders for protecting the life and property of parents and senior citizens, including orders of eviction; (ii) the intent and object of the act is to provide for an inexpensive and speedy relief to parents and senior citizens; (iii) while chapter ii entitles parents and senior citizens to apply for orders to provide monetary relief for ..... in dealing with the preliminary objection as regards the jurisdiction of the assistant commissioner to direct eviction, the division bench merely observed that it was not in agreement with the submission that the assistant commissioner was powerless to pass an order directing .....
Tag this Judgment!Court : Supreme Court of India
..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is a hindu ..... , whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 (3 of 1872), or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: (e) the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this act, this condition shall be subject to any law ..... before registering an fir against a queer couple or one of the parties in a queer relationship (where the fir is sought to be registered in relation to their relationship), they shall conduct a preliminary investigation in terms of lalita kumari v. ..... before proceeding further, a preliminary point must be made. ..... similarly, the sections addressing the union government s preliminary objections i.e. .....
Tag this Judgment!Court : Supreme Court of India
..... mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... the code has relevance and is admissible in evidence to show: (i) that there was a dispute relating to a particular property; (ii) that the dispute was between the particular parties; (iii) that such dispute led to the passing of a preliminary order under section 145(1) or an attachment under section 146(1), on the given date; and (iv) that the magistrate found one of the parties to be in possession or fictional possession of the disputed property on the date of the ..... family law act, 1996 was enacted in the united kingdom where a separate chapter chapter iv family homes and 34 domestic violence was enacted. ..... 4 to 11 occurring in chapter iii deals with powers and duties of protection officers, service providers etc. ..... although, chapter iv of the act containing section 12 to section 29 contains the procedure for obtaining orders of reliefs by making application before the magistrate whereas steps taken by the magistrate and different categories of reliefs could be granted as noted in sections 18 to 22 and ..... section 12 occurring in chapter iv procedure for obtaining orders of reliefs deals with details of application .....
Tag this Judgment!Court : Supreme Court of India
..... suffice it to say, it is different from an offence committed under section 498-a or any violation of the protection of women from domestic violence act, 2005 or, for that matter, the protection conceived of under section 125 of the code of criminal procedure 52 or sections 306 ..... in the protection of women from domestic violence act, 2005. ..... inheritance and in the protection against domestic violence. ..... with the passage of time may become out- dated and discriminatory with the evolution of society and changed circumstances.53 what may have once been a perfectly valid legislation meant to protect women in the historical background in which it was framed, with the passage of time of over a century and a half, may become obsolete and archaic. ..... in navtej, justice rohinton nariman countered the assertion that the court must not indulge in taking upon itself the guardianship of changing societal mores by holding thus: part g the very purpose of the fundamental rights chapter in the constitution of india is to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian governments so that constitutional morality can be applied by this court ..... to explain that adultery must not simply be looked at as an act of consensual adult sexual activity, as sexual activity may simply be one element in a continuum of interactions between people: sexual activity may be preliminary or incidental to a developing association, or it may be its final .....
Tag this Judgment!Court : Supreme Court of India
..... seeking transfer of cases instituted under the protection of women from domestic violence act, 2005 and cases registered under the ipc ..... (b) device ensuring uninterrupted power supply (c) video camera (d) microphones and speakers (e) display unit (f) document visualizer (g) comfortable sitting arrangements ensuring privacy (h) adequate lighting (i) proper acoustics (j) digital signatures from licensed certifying authorities for the co-ordinators at the court point and at the remote point 27 the guidelines prepared by delhi high court also provide that the expenses of the video conferencing ..... the custody, maintenance and education of minor children consistently with their wishes, wherever possible, and the government may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in ..... matrimonial status of any person; (ii) the property of the spouses or of either of them; (iii) declaration as to the legitimacy of any person; (iv) guardianship of a person or the custody of any minor; (v) maintenance, including proceedings under chapter ix of the code of criminal procedure; (e) make it obligatory on the part of the family court to endeavour, in the first instance to effect a reconciliation or a settlement between the parties to a family dispute. ..... before the court for preliminary hearing and orders as .....
Tag this Judgment!Court : Supreme Court of India
..... , is recognized even by the protection of women from domestic 6 (2013) 15 scc75519 violence act, 2005 for various kinds of live-in ..... of the ipc be read down qua the lgbt community so as to confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual ..... . 38 the court did not embark on the preliminary enquiry as to whether the initial classification between the two cadres, being grounded in sex, was violative of the ..... (emphasis supplied and internal footnotes omitted) the american psychological association, american psychiatric association, national association of social workers and the texas chapter of the national association of social workers in their amicus brief in lawrence et al. v ..... the very purpose of the fundamental rights chapter in the constitution of india is to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian governments so that constitutional morality can be applied by this court to ..... the fundamental rights chapter is like the north star in the universe of constitutionalism 6 this phrase occurs in one of the most celebrated footnotes in the us supreme court s constitutional history namely, footnote 4 .....
Tag this Judgment!Court : Supreme Court of India
..... evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset, (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break open ..... under the railway property (unlawful possession) act are not cognizable, section 6 of the said act empowers any superior officer or member of the railway protection force to arrest any person concerned with an offence under the said act, without an order from a magistrate and without a warrant ..... under section 67 must be given its ordinary meaning, which would indicate that it is only a preliminary fact-finding enquiry that is referred to. ..... it is sheer violence to common sense that the legislature intended to punish the corporate bodies for minor and silly offences and extended 39 (2005) 4 scc530260 immunity of prosecution to major ..... under the convention, the parties shall take necessary measure, including legislative and administrative measures, in conformity with the fundamental provisions of their respective domestic legislative systems.2. ..... in the territory of another party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other party by its domestic law .20. .....
Tag this Judgment!Court : Supreme Court of India
..... the cable service which: (a) contains an attack on religion or communities or contains visuals or words contemptuous of religious groups or which promotes communal attitudes; 49 (b) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti-national attitudes; (c) criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral ..... under sections 395, 397 and 376 d read with the relevant provisions of the protection of children from sexual offences act, 2012 (for short, pocso act ) and for the trial of the case outside the state and also for registering ..... a monthly interim compensation after holding that what was violated was the fundamental right of the women under article 21 and that therefore a remedy can be provided by this court under article ..... average of five years to get an action in the european court of human rights after all domestic remedies are exhausted and also finding that on an average, the same costed 30,000, a ..... v of the constitution providing for matters connected with the union contains five chapters, dealing respectively with, (i) the executive; (ii) parliament; (iii) legislative ..... of the quarries, a preliminary objection was raised as to ..... gratia 104 monetary compensation to the families of the deceased who have succumbed to the pandemic of covid-19, in view of section 12 of the disaster management act, 2005, relied on article 21 of the constitution. .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care and protection of children) act, 2015, the protection of children from sexual offences act, 2012 and the information technology act ..... to enforce the right to personal liberty can at all fall within the mischief of the presidential order even if it mentions articles 19, 20, 21 and 22 because, every preliminary objection by the government to a petition to enforce the right to personal liberty can be effectively answered by contending that what is being enforced is either the natural right ..... of every one is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose then, in the case of entick v carrington228 (1765), entick s house had been ..... 36-37 18 adopted the view that the fundamental rights are not isolated and separate but protect part d a common thread of liberty and freedom: to my mind, the scheme of the chapter dealing with the fundamental rights does not contemplate what is attributed to it, namely, ..... of women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women grounded .....
Tag this Judgment!Court : Supreme Court of India
..... protection of child rights constituted under section 3, or as the case may be, the state commission for protection of child rights constituted under section 17, of the commissions for protection of child rights act, 2005 (4 of 2006) shall, in addition to the functions assigned to them under that act, also monitor the implementation of the provisions of this act ..... council of europe convention on cyber crimes which states as under: - each party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: (a) producing child pornography for the purpose of its distribution through a computer system; (b) offering or making available child pornography ..... any inchoate crime is the preliminary or preparatory actus reus that ..... limitations in law in dealing with acts that undermined the dignity and autonomy of women and children, ranging from behaviour that is now termed stalking to pornography, or physical contact, and associated acts, which were not the subject ..... in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary ..... gruesome act may also detriment the mind of the child to believe that might is right and reported studies establish that children who have been victims of sexual violence in .....
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