Court : Karnataka
..... the respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... cmm traffic court at bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... order passed by the learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... a memo was filed by the petitioners herein to treat, jurisdiction to prosecute the case, as preliminary issue. ..... the trial court has failed to follow the procedure prescribed in chapter xiii of cr.pc. .....
Tag this Judgment!Court : Delhi
..... the magistrate (hereafter called trial court) issued notice to the petitioner on a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short d.v. ..... this judgment answers a reference to this division bench, requiring resolution of a conflict between the decision of two learned single judges of this court on the question whether a magistrate can act straightaway on a complaint made by an aggrieved person, under the protection of woman from domestic violence act, 2005 (hereafter the act). ..... reference was also made to rules 4, 5, 6, 8 and 9 of the protection of women from domestic violence rules, 2006 (in short the rules). 5. ..... for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made ..... 200 crpc there is no requirement of recording preliminary statement of the aggrieved person, filing a complaint under sec. ..... (4) an order under sub-section (3) shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973(2 of 1974) and shall be dealt with accordingly. .....
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 : Delhi
..... thereafter, the petitioner filed another application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated 02.04.2003 ..... (iv) the petitioner filed the application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated ..... failing in her endeavour to crl.m.c.no.2602/2010 page 9 of 12 fulfil her greed under prevention of domestic violence against women act, because the case was ruled to be non-maintainable in the background of settlement dated 02.04.2003, she took the shelter of section 125 cr. ..... singh rawat air 1986 sc 984 and relied upon para no.6 thereof which reads as under:- "in view of the foregoing it is the duty of the court to interpret the provisions in chapter ix of the code in such a way that the construction placed on them would not defeat the very object of the legislation. ..... behalf of son, petitioner while asserting that she is living on the mercy of relatives, friends, but failed to name even a single person from whom she had taken debt or loan and this fact goes to prove that she has sufficient means to maintain herself..18. ..... the other hand, respondent no.1 has filed his reply whereby he has taken preliminary objection about the maintainability of petition. .....
Tag this Judgment!Court : Delhi
..... 20 (d) of the protection of women from domestic violence act, 2005 and any other statute. ..... later the respondent's father, mother and sister have kept all the jewellery and other gifts items with them which was given by the parents of the petitioner and threw her out from the matrimonial house in meerut, up, without any support and money and the petitioner having no source of income is residing at her paternal house and petitioner is unable to maintain herself whereas the respondent is leading luxurious life ..... page 2 of 37 petitioner's immigration application in canada, the petitioner informed the father of the respondent and other family members about her desire to return to meerut and they told her that they would pick her up from delhi on 25.06.2002 and her mother-in-law asked her to bring $500 along with her, which she told that the respondent had spent on lawyer in canada for her immigration.5. ..... is an admitted fact emerging on record that both the parties got married as per hindu rights and customs on 24.03.2002 and since then the petitioner was living with her parents from 10.08.2002 onwards, and the parents are under no legal obligation to maintain a married daughter whose husband is living in canada and having canadian citizenship. ..... per contra, the respondent no.1 in its written statement on 20.04.2004 has taken the preliminary objections that the petitioner is guilty of abusing and misusing the institution of marriage. ..... in chapter ix of the code of criminal procedure, 1973.63 .....
Tag this Judgment!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
..... , 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
..... 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
..... 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. .....
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