Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. ..... section 31 of the code falls under chapter iii of the code which deals with power of crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/ ..... and 14 of the act provide for appointment of probation officers and the nature of duties ..... 287 the pecuniary loss should not be limited to the value of the money lost or the money value of the things lost and why should the monetary loss incurred by replacing services rendered gratuitously by a relative be not considered, if there was a reasonable prospect of their being rendered freely in the future ..... been referred to a number of cases in which judges have felt compelled to look upon the task of assessing damages in cases involving the death of a wife and mother with strict disregard to those features of the life of a woman beyond her so-called services, that is to crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. ..... supreme court ordered the driver to do community service and imposed the sentence of fine payable to the union of india to be utilised for providing compensation to victims of motor accidents where vehicle owners, drivers, etc .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. ..... section 31 of the code falls under chapter iii of the code which deals with power of crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/ ..... and 14 of the act provide for appointment of probation officers and the nature of duties ..... 287 the pecuniary loss should not be limited to the value of the money lost or the money value of the things lost and why should the monetary loss incurred by replacing services rendered gratuitously by a relative be not considered, if there was a reasonable prospect of their being rendered freely in the future ..... been referred to a number of cases in which judges have felt compelled to look upon the task of assessing damages in cases involving the death of a wife and mother with strict disregard to those features of the life of a woman beyond her so-called services, that is to crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. ..... supreme court ordered the driver to do community service and imposed the sentence of fine payable to the union of india to be utilised for providing compensation to victims of motor accidents where vehicle owners, drivers, etc .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. ..... section 31 of the code falls under chapter iii of the code which deals with power of crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/ ..... and 14 of the act provide for appointment of probation officers and the nature of duties ..... 287 the pecuniary loss should not be limited to the value of the money lost or the money value of the things lost and why should the monetary loss incurred by replacing services rendered gratuitously by a relative be not considered, if there was a reasonable prospect of their being rendered freely in the future ..... been referred to a number of cases in which judges have felt compelled to look upon the task of assessing damages in cases involving the death of a wife and mother with strict disregard to those features of the life of a woman beyond her so-called services, that is to crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. ..... supreme court ordered the driver to do community service and imposed the sentence of fine payable to the union of india to be utilised for providing compensation to victims of motor accidents where vehicle owners, drivers, etc .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... and, therefore, it is the duty of the state to promote justice, to provide equal opportunity to all citizens and ..... 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 ..... a complaint on his or her behalf; (b) where such person is the husband and he is serving in any of the armed forces of the union under conditions which are certified by his commanding officer as precluding him from obtaining leave of absence to make a complaint in person, some other person ..... such service, or direct some other service to be substituted; and the claim made by every such petition shall be heard and tried on the same principle, in the same manner, and subject to the same or the like rules and regulations as actions for criminal conversations are now tried and decided in courts of common law; and all the enactments herein contain with reference to the hearing ..... part iii, serves as a powerful remedy to remedy the discrimination and prejudice faced by ..... women are to be respected equally on a par with husbands, brothers, fathers, relatives, in-laws and other kith and kin and while respecting, the women gifts like ornaments, garments, etc .....
Tag this Judgment!Court : Supreme Court of India
..... protection of women from domestic violence act, 2005 (for short the dv act ) provides that if the husband of a girl child harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of his wife including by causing physical abuse and sexual abuse, he would be liable to have a protection order issued against him and ..... nothing in this act shall affect the provisions of any act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the government of ..... the two dimensions of article 14 in its application to legislation and rendering legislation invalid are now well recognised and these are: (i) discrimination, based on an impermissible or invalid classification, and (ii) excessive delegation of powers; conferment of uncanalised and unguided powers on the executive, whether in the form of delegated legislation or by way of conferment of authority to pass administrative orders if such conferment is without any guidance, control ..... chapter iii of the pocso deals with use of children for pornographic ..... if the legislature enacts a law which is violative of the fundamental rights of the citizens, is arbitrary and discriminatory, then the court would be failing in its duty if it does not either strike down the law or read down the law in such a manner that ..... violence against women are included traditional harmful practices, prenatal sex selection, early marriage, acid throwing and dowry or honour related violence etc .....
Tag this Judgment!Court : Supreme Court of India
..... and the protection of women from domestic violence act, 2005 ..... provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under chapter v or chapter vi, shall, as far as possible, be disposed of within sixty days from the date of service ..... (xi) keeping in mind the need for a uniform format of affidavit of disclosure of assets and liabilities to be filed in maintenance proceedings, this court considers it necessary to frame guidelines in exercise of our powers under article 136 read with article 142 of the constitution of india : (a) the affidavit of disclosure of assets and liabilities annexed at enclosures i, ii and iii of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before the concerned family ..... he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications.35 (ii) a careful and just balance must be drawn between all relevant factors. ..... income from other sources, such as rent, interest, shares, dividends, capital gains, fdrs, post office deposits, mutual funds, stocks, debentures, agriculture, or business, if any, alongwith tds in ..... may claim maintenance under the hindu adoptions and maintenance act 1956 ( hama ), and also in a substantive proceeding for either dissolution of marriage, or restitution of conjugal rights, etc. .....
Tag this Judgment!Court : Supreme Court of India
..... 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 finding of the division bench on the appellant s current residential status ..... it provides for appointment of protection officers and registration of non-governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc. ..... (2) the tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974 18 ..... event that the aggrieved woman obtains a relief from a tribunal constituted under the senior citizens act 2007, she shall duty-bound to inform the magistrate under the pwdv act 2005, as per sub-section (3) of section 26 of the pwdv act 2005. .....
Tag this Judgment!Court : Delhi
..... the protection of women domestic violence act, 2005 (hereinafter referred to as the act ), was partly allowed and the maintenance fixed by the trial court at rs.2,50,000/- per month was reduced to rs.50,000/- per month by the petitioner to the respondent from the date of filing of the petition under section 12 of the act as the appellate court felt that this amount would be sufficient, reasonable and appropriate in view of material placed on record and peculiar ..... protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider ..... chapter viii, which deals with security for keeping the peace and for good behaviour, (2) chapter ix, which deals with order for maintenance of wives, children and parents, (3) chapter x, which deals with maintenance of public order and tranquillity, and (4) chapter xviii to chapter xxix, which provide ..... the rule making power of the central government is very wide, in which it is provided that in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any ..... duty to record only the proved facts and ..... not be able to manage all these expenditures leaving aside the expenditures on parties, hotels, liquor etc. ..... in form iii. .....
Tag this Judgment!Court : US Supreme Court
..... protection and affordable care act of 2010: the individual mandate, which requires individuals to purchase a health insurance policy providing a minimum level of coverage; and the medicaid expansion, which gives funds to the states on the condition that they provide ..... powers, and only marginally related to commerce: the de- partment of education, the department of health and human services, the department of housing and ..... failure of some of the public to purchase amer- ican cars may endanger the existence of domestic automobile manufacturers; or the failure of some to eat broccoli may be found to deprive them ..... chapter 7 of the united states code stating that if any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and ..... violence ..... officers to perform federally mandated background checks on handgun purchasers); new york, supra, at 174 175 (invalidating provisions of an act ..... of policies, risks, and duties that congress did not enact ..... and delivered the opinion of the court with respect to parts i, ii, and iii c, an opinion with respect to part iv, in which justice breyer and justice kagan join, and an opinion with respect to parts iii a, iii b, and iii ..... from 50% to 83%, and averaged 57% between 2005 and ..... and 1990, congress required participating states to include among their beneficiaries pregnant women with family incomes up to 133% of the federal poverty level, children up to age 6 at the same income levels, and ..... etc .....
Tag this Judgment!Court : Supreme Court of India
..... sometimes, transfer petitions are filed seeking transfer of cases instituted under the protection of women from domestic violence act, 2005 and cases registered under the ipc. ..... bench has also noted the constitutional scheme that provides for guaranteeing equal access to justice and the power of 31 the state to make special provisions for women and children as enshrined under article 15(3) of the constitution and the duty to uphold the dignity of women and the various steps taken in the said direction ..... legislature has expanded the scope of term 'evidence' acknowledging advance technology and scientific methods used by people in their day-to-day activities, it is the duty of the judicial officers to put life to those letters of law by interpreting them ..... step for process re-engineering, electronic filing, recording of evidence through video conferencing, electronic evidence, service of summons etc are suggested ..... exclusively provide within the jurisdiction of the (d) family courts the matters relating to (i) matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights, or declaration as to the validity of marriage or as to the 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 .....
Tag this Judgment!