Court : Supreme Court of India
..... be by commissioner commissioner (chairman) recommendation eminence prescri president of the in public bed by on ground (the right to committee life with central of proven information - central leader of wide government misbehaviour act, 2005) information opposition knowledge or 65, or c (aom sm issioners i sn a bth he a lok and w ish ichever incapacity deemed experience earlier (after sc s fit, in law, ..... the reliefs sought are as follows: a) direct the central government to take appropriate steps to provide same and similar protection to both the election commissioners so that they shall not be removed from their office except in like manner and on the like grounds as the chief election commissioner; b) direct the central ..... rent-free residence and exemption from payment of income-tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are, for the time being, applicable to a judge of the supreme court under chapter iv of the supreme court judges (conditions of service) act, 1958 (41 of 1958 ..... there is no inconsistency between a convention and a domestic law and there is a void in the domestic law, and bearing in mind the meaning and content ..... intervened to prevent cases of acid violence, and laid down guidelines ..... , the court lays down guidelines for inter-country adoption, against sexual harassment of working women at the workplace, or for abolition of child labour, it is not judicial law ..... preliminary .....
Tag this Judgment!Court : Supreme Court of India
..... reference is also made to the commission of protection of child rights act, 2005 enacted in view of the international treaty, convention on the rights of the child, acceded by india on 11.12.1992. ..... no religious scripture or authority has been brought to our notice which provides that marrying less than four women or abstaining from procreating a child from each and every wife in case of permitted bigamy or polygamy would be irreligious or offensive to the dictates of the religion. ..... all our brief life on this earth is a 68 probation, and we must take our individual, domestic, and social life all contribute to our holiness, so that we can get the real success and bliss which is the aim of our spiritual endeavor.(r). ..... (writ petition no.3038 of 2022), the petitioners have quoted verse 26 chapter 7, verse 31 chapter 24 and verse 59 chapter 33 of the holy quran indicating that wearing of headscarf is part of the religious identity and essential in islamic faith. ..... value-based education is likely to help the nation to fight against all kinds of prevailing fanaticism, ill will, violence, dishonesty, corruption, exploitation and drug abuse. ............... ..... the preliminary submission of learned counsel for the appellants is that the present case ought to be referred to a larger bench in view of the order of this court reported as kantaru rajeevaru (sabarimala temple review-5j.) v. .....
Tag this Judgment!Court : Supreme Court of India
..... women, where their labour was exploited, and no protection available in their places of work, where to be in bondage to a landlord or petty trader was commonplace, and at all times they are viewed as sexually available, and humiliated in their bodily being, sexual violence emerged as not an exceptional act of violence, but the most concentrated expression of a fundamental animus against dalits 46 48 the above discussion highlights the social and economic context in which sexual violence against women from ..... domestic violence against disabled women in odisha, available at 20 part c in the same vein, a 2011 study found that 21 percent of the 314 women with disabilities surveyed had faced emotional, physical or sexual violence from ..... b proceedings before this court 10 on 19 february 2021, this court at the preliminary hearing of the special leave petition adverted to the submissions of the learned counsel appearing on behalf of the appellant and passed the following ..... has been further amended by the criminal law 54 (2005) 8 scc1 44 part c amendment act 2018 (act 22 of 2018) by which the minimum punishment has ..... , or reasonably suspected of, committing, an offence under this chapter, the special court shall presume, unless the contrary is proved, that such person had abetted the offence; (b) a group of persons committed an offence under this chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed .....
Tag this Judgment!Court : House of Lords
..... agents of the state; iii) edwards where the obligation was said to arise because the deceased was a prisoner under the care and responsibility of the authorities when he was killed by acts of violence by another prisoner; iv) menson, where it was not suggested that agents of the state were directly at fault but where the obligation arose because there was reason to believe that ..... this about the purpose of such an investigation: the essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving state agents or bodies, to ensure their accountability for deaths occurring under their ..... investigation (with all relevant documentary material, including official records and any preliminary written statements) to an independent investigator, or a team of independent investigators ..... from 2002 to 2004, with an average of 95 suicides (including a disproportionately high average of 12 women ..... similarly, in trubnikov v russia (application no 49790/99) 5 july 2005, at para 88, the court said: the competent authorities must act with exemplary diligence and promptness and must of their own motion initiate investigations which would be capable of, firstly, ascertaining the circumstances in ..... chapter 13 (actions following an incident of self-harm) contains the following paragraph (13.4.1): it is strongly recommended that following incidents of serious self-harm an investigation is carried out .....
Tag this Judgment!Court : Supreme Court of India
..... it has been averred by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of the legislative intent behind section 498-a ipc. ..... is mostly by well-educated women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women and consequent available ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to a woman by her husband or by relatives of her husband. ..... eventually, the court opined that the scope of preliminary enquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence and, thereafter, proceeded to state thus:- 120.6. .....
Tag this Judgment!Court : US Supreme Court
..... the district court found insufficient evidence to make specific findings about domestic violence but determined that lozano s claim that he never mistreated montoya alvarez was ..... article 12 further provides that the court, where the proceedings have been commenced after the expiration of the period of one year [from the date of the wrongful removal], shall also order the return of the child, unless it is demonstrated that the child is now settled in ..... where such return poses a grave risk of harm or threatens to place the child in an intolerable situation, surely it has discretion to order return when faced with the lesser risk attendant on removing a child from the child s present environment (especially given that the child will generally be returning to a known environment: her country of habitual residence). ..... 12-820 (2014) notice: this opinion is subject to formal revision before publication in the preliminary print of the united states reports. ..... convention is designed to protect the interests of children and ..... article 18 provides that [t]he provisions of this chapter [including article 12] do not limit the power of a judicial or administrative author-ity to order the return of the ..... and the child lived at a women s shelter for the next seven ..... , [2005] hkec 839, 2005 wl 836263, 55, ..... the hague convention in 1988, and congress implemented the convention that same year through the international child abduc-tion remedies act (icara). ..... legislative act. ..... child abduction remedies act, 42 u. .....
Tag this Judgment!Court : Supreme Court of India
..... an undivided family agree among themselves with regard to particular property, that it shall thenceforth be the subject of ownership, in certain defined shares, then the character of undivided property and joint enjoyment is taken away from the subject-matter so agreed to be dealt with ; and in the estate each member has thenceforth a definite and certain share, which he may claim the right to receive and to enjoy in severalty, although ..... thus, where a widow gets a share in the property under a preliminary decree before or at the time when the 1956 act had been passed but had not been given actual possession under a final decree, the property would be deemed to be possessed by her and by force of section 14(1) she would get ..... others66 among other decisions and distinguished sadhu singh noting that therein the court proceeded on the basis that women had no pre-existing right in the property and therefore the life estate could not be enlarged to absolute ..... be construed in a manner so as to destroy the effect of the main provision or the protection granted by section 14(1) or in a way so as to become totally inconsistent with the main ..... section 6 prior to its substitution by amending act 39 of 2005 provided that in the case of male hindu dying after the act possessing an interest in mitakshara coparcenary property, the 185 civil appeal ..... court to evolve a reasonable and equitable solution without doing violence to the principles of hindu law. ..... domestic ..... nilakantabhatta: (chapter iv, section .....
Tag this Judgment!Court : European Court of Human Rights
..... 129 and 130 of the convention (iii) relative to the treatment of prisoners of war, and articles 146 and 147 of the convention (iv) relative to the protection of civilian persons in time of war; see also the additional protocol (ii) to the geneva conventions from 1977, relating to the protection of victims of non-international armed conflicts, articles 4 and 13; the convention on the prevention and punishment of the crime of genocide, article v; and ..... disappearance that occurred within a context of a systematic practice or pattern of disappearances perpetrated by state agents; therefore, the state shall not be able to argue or apply a law or domestic legal provision, present or future, to fail to comply with the decision of the court to investigate and, if applicable, criminally punish the responsible for the facts ..... . without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph i are and shall remain prohibited at any time and in any place whatsoever: (a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, ..... . brazil (judgment of 24 november 2010, preliminary objections, merits, reparations and costs) the inter-american court again strongly opposed the granting ..... international conference of the red cross and red crescent, the international committee of the red cross (icrc) presented in 2005 a study on customary international humanitarian law (j.-m ..... .....
Tag this Judgment!Court : US Supreme Court
..... . this is unsurprising, as the law of war is derived not from domestic law but from the wartime practices of civilized nations, including the united states, which has consistently recognized that conspiracy ..... to the treatment of prisoners of war 413 (1960) (hereinafter gciii commentary) (explaining that article 85, which extends the convention s protections to [p]risoners of war prosecuted under the laws of the detaining power for acts committed prior to capture, was adopted in response to judicial interpretations of the 1929 convention, including this court s decision in yamashita ..... . that section provides: (a) pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the president by regulations which shall, ..... . its observance does not depend upon preliminary discussions on the nature of the conflict ); gciv commentary 51 ..... (e) except as provided in section 1005 of the detainee treatment act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider (1) an application for a writ of habeas corpus filed by or on behalf of an alien detained by the department of defense at guantanamo ..... charge of being a guerilla as one recognized by the universal usage of the times, the charge is simply shorthand (akin to being a spy ) for the perpetration of a succession of similar acts of violence .....
Tag this Judgment!Court : Delhi
..... in view of the reasoning given above, it has to be held that section 184 of 1989 act grants protection from levy of taxation by a local authority to railway administration be it a government railway or a non government railway ..... another contention against the membership of shri dhutiya was noted in para 10 that he had originally been appointed by government to make a certain preliminary inquiry and his proposals had been considered by government before appointing the advisory board. ..... 43 of the constitution, the state shall direct its policy towards securing that the citizens have the right to an adequate means to livelihood, that there is equal pay for equal work for both men and women and that the health and strength of workers are not abused. ..... (iv) the large number of amenities stood provided by the delhi government on subsidized rates, for instance, 20,000 litre of free water every month; rebate on domestic wp(c) 5217/2017 & connected matters page 35 of 218 the impact of recent demonetization having affected consumption of electricity, subsidized ration from public distribution system (pds) shops etc. ..... such an interpretation would do violence to the legislative intention. ..... wherein the supreme court relied on the judicial precedents in (2005) 5 scc337viveka nand sethi v. ..... chapter iv in the rules is entitled computation of payment of wages, hours of work and wp(c) 5217/2017 & connected matters page 20 of 218 holidays ..... jagir singh; (2005) 3 scc409karnataka srtc v. s.g ..... , (2005) 1 scc625 .....
Tag this Judgment!