Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iii powers and duties of protection officers service providers etc Court: uk supreme court Page 1 of about 49 results (0.319 seconds)

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. ..... this appeal raises important questions of law pertaining to the interpretation and working of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 ).3. ..... sections 4 to 11 occurring in chapter iii deals with powers and duties of protection officers, service providers etc. ..... the 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. .....

Achin Gupta Vs. The State Of Haryana

Court : Supreme Court of India

..... domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005 ..... chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 of the inherent powers under section 482 of the code which we have extracted and reproduced above, we have given the following categories of cases by way of illustration wherein such power ..... of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of ..... no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code; (5) where the allegations made in the fir or complaint are so absurd and inherently improbable on the basis of which ..... and accused no.1 lived as husband and wife at b-39, phase-2, vikas nagar, hastsaal, uttam nagar, new delhi 110059 and the first informant performed all the duties of a wife and ..... from page 12 of 36 the date the first informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence ..... value and accepted in their entirety do not constitute the offence alleged; (iii) where ..... and also disconnected the basic facilities such as water connection etc .....

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and ...

Court : Supreme Court of India

..... enumerates duties and functions of protection officer and clause (b) of sub-section (1) thereof reads as under: (b) to make a domestic incident report to the magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that ..... order to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was ..... consideration in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. ..... of reliefs is stipulated in chapter iv of the dv act which comprises sections 12 to ..... act authorizes the magistrate to pass residence order which may include restraining the respondent from dispossessing or disturbing the possession of the aggrieved person or directing the respondent to remove himself from the shared household or even restraining the respondent or his relatives from entering the portion of the shared household in which the aggrieved person resides etc. ..... iii)it provides for the rights of women .....

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600

..... from the computers/servers by mechanical process and certified by a responsible official of the service providing company can be led into evidence through a witness who can identify the signatures of the certifying officer ..... of the indian penal code (45 of 1860), namely:--(i) sections 121 -126, both inclusive, and section 130 (that is to say offences against the state specified in chapter vi of the said code);.shall, in the absence of any reasonable excuse ..... with intent, by acts or force and violence, to compel the legislature to repeal a law, it is high treason'....the question always is, whether the intent is, by force and violence, to attain an object of a general and public ..... protection of the v amendment privilege against self- incrimination and to ensure that the right to choose between silence and ..... power conferred on the legislative assembly of nct, the parliament retains its power ..... and rohail ali shah (which were subsequently found to be fake names of the deceased terrorists).one fake identity card of cybertech computer hardware solutions in the name of ashiq hussain which was being carried by the deceased terrorist mohammed.two slips of paper bearing five domestic ..... act, the prosecution is duty-bound to show from the record of the case and ..... (iii) two silver powder packets of thousand grams each with the slips containing the name of 'tolaram and sons, tilak bazar', (iv) two boxes of sulphur, (v) a motorcycle of yamaha make parked near the gate of the house, (vi) household articles .....

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... and 13 in chapter iv of the act deal with entitlement to legal services, and provide for legal services under the act to a very large class of people, including members of scheduled castes and scheduled tribes, women and children and persons in receipt of annual income less than rupees nine thousand (rs 9,000/-) if the case is before a court other than the supreme court, and ..... nandini satpathy and the us decision in miranda and found that the safeguards and protections provided to the accused under sections 32 and 52 of the prevention of terrorism act, 2002 (pota), apart from stemming directly from the guarantees enshrined in articles 21 and 22 (1) of the constitution and embodying the guidelines ..... and he was alleged to have:-1) attempted to destabilize the government of india by engineering violence in different parts in india;2) attempted to create instability in india by the aforesaid subversive activities;3) terrorized the people in different parts of india by indulging in wanton killings and destruction of properties through bomb attacks and use of fire-arms and ..... chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:1[provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:provided further that no confession shall be recorded by a police officer on whom any power .....

Nandini Sundar and ors. Vs. State of Chattisgarh

Court : Supreme Court of India

..... act as a special police officer for a period as specified in the appointment order.section 9(2): every special police officer so appointed shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of the police.section 23: the following shall be the functions and responsibilities of a police officer:(1) (a) to enforce the law, and to protect life, liberty, property, rights and ..... 2005 to 2011 were 41, in which 47 persons were killed and 37 injured, with figures in dantewada being 24 attacks, 37 persons killed and 26 injured; that tribal youth are joining the ranks of spos motivated by the urge for self protection and to defend their family members/villages from violent attacks; that [t]he victims of naxal violence and youth from ..... regard to the appointment, service and training of spos, and also the broad policy ..... officers in respect of matters such as powers, penalties, subordination etc; and(iii) that the role of spos has great relevance in operational planning by the state ..... provide that political good of security - to prevent cross-border invasions and infiltrations, to eliminate domestic threats to or attacks upon the national order and ..... and (iii) fresh allegations made, this time by swami agnivesh, that some 300 houses were burnt down in the villages of morpalli, tadmetla and timmapuram, of women raped and .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... basic structure and judicial independence envisaged in the constitution, public policy requires that the doctrine of de facto be engrafted on necessity to protect the interest of the public and the individuals involved in the official acts of persons exercising the duty of ..... court, provided none of the fundamental rights under ..... and powers, the procedure to be followed, production of witnesses, appointment of public prosecutors and the provision for appeal as a matter of right from any judgment, sentence or order, not being an interlocutory order, of the court direct to the supreme court both on facts and law (vide sections 7 to 16) and other miscellaneous provisions regarding the modified application of certain provisions of the code' of criminal procedure, 1973, competence of central government to exercise powers of state government and delegation of powers, power of the supreme court of india to make rules etc ..... in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to commit any of the offenses enumerated under any of the clauses (i) to (iv) indicated under the definition of the word 'terrorist';(3) the scheduled offenses committed by terrorists should be on such a ..... polity and process;(2) there were also continuous commission of heinous offenses such as gruesome mass killings of defenseless innocent people including women, children and bystanders, disturbing the peace, tranquility and security;(3) .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence ..... provides for appointment of protection officers and registration of non-governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc ..... the federal court held: (scc online fc) if the restriction of the general words to purposes within the power of the legislature would be to leave an act with nothing or next to nothing in it, or an act different in kind, and not merely in degree, from an act in which the general words were given the wider meaning, then it is plain that the act as a whole must be held invalid, because in such circumstances it is impossible to assert with any ..... impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verbal and emotional abuse includes (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any ..... to be an order under chapter viii of the code of criminal procedure, 1973 (2 of 1974) and shall be dealt with accordingly. ..... is no part of the court's duty to undertake such exercise, but it .....

Suresh Kumar Koushal and anr. Vs. Naz Foundation and ors.

Court : Supreme Court of India

..... and literal meaning that follows from a bare reading of the provisions of the act, rule or regulation that it confers arbitrary, uncancalised, unbridled, unrestricted power to terminate the services of a permanent employee without recording any reasons for the same and without adhering to the principles of natural justice and ..... duty of the commission to protect the best interest of children and provide them with an atmosphere where the freedom and dignity of all children is safe and a child may bloom without any fear of abuse, exploitation and ..... or (iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits ..... women's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) being on the management or on the staff of a hospital, takes advantage of his official position and ..... and they are omitted in the revised statutes of massachusetts, of which the chapter of offences against the lives and ..... services by preventing collection of hiv data, impeding dissemination of information, forcing harassment, threats and closure upon organisations who work with msm, preventing supply of condoms as it is seen as aiding an offence; limits access to health services, driving the community underground; prevents disclosure of symptoms; increases sexual violence and harassment against the community; and .....

R (on the Application of Smith) (Fc) (Respondent) Vs. Secretary of Sta ...

Court : UK Supreme Court

..... in police custody, or resulted from an injury caused by a police officer in the purported execution of his duty or was caused by an accident, poisoning or disease requiring notice under section 19 of the health and safety at work etc act 1974, or in circumstances the ..... and cannot be expected to provide in iraq the full social and protective framework and facilities which it would be expected to provide domestically ..... not violated simply by deploying servicemen and women on active service overseas as part of an organised military force which is properly equipped and capable of defending itself, even though ..... chapter vii of the un charter, had recognised "the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command ('the authority')", and called upon the authority (in practice the cpa) "consistent with the charter of the united nations and ..... notice of a specific threat to someone's life against which protective steps could be taken: osman v united kingdom (1998) 29 ehrr 245; oneryildiz v turkey (2005) 41 ehrr 20 (state allegedly tolerated and, for political reasons, encouraged slum settlements close to ..... violence at the hands of third parties and failed to take appropriate measures to safeguard him against that risk ..... iii) above ) into which category can also be put cases like x and y v switzerland (1977) 9 dr 57 and gentilhomme, schaff-benhadji and zerouki v france (application nos 48205/99, 48207/99 and .....