Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iv procedure for obtaining orders of reliefs Page 10 of about 149 results (0.243 seconds)

Osborn Vs. the Parole Board

Court : UK Supreme Court

..... facts leading to his recall, the board was bound to conclude that public protection required that he should be confined: "art 5(4) is first and foremost a guarantee of a fair procedure for reviewing the lawfulness of detention - an applicant is not required, as a precondition to enjoying that protection, to show that on the facts of his case he stands any particular chance of success in obtaining his release" (para 59). ..... of an oral hearing does not depend on his establishing that his application for release or transfer stands any particular chance of success: that approach would not allow for the possibility that an oral hearing may be necessary in order for the prisoner to have a fair opportunity of establishing his prospects of success ..... be taken into account by it in discharging its functions under chapter 6 of part 12 of the 2003 act, which concerns the release, licences and recall of determinate sentence prisoners, or under chapter ii of part ii of the crime (sentences) act 1997 as amended ("the 1997 act"), which concerns the release, licences and recall of indeterminate sentence ..... domestic law (considered apart from the human rights act ..... more work to be done, particularly in relation to the use of violence, and that the appellant would need to demonstrate that he could maintain ..... the board, following the decision of the house of lords in r (west) v parole board [2005] ukhl 1; [2005] 1 wlr 350, was to grant an oral hearing to any prisoner who requested one following a provisional .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

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

..... for, and measures for coping with, terrorist and disruptive activities, constitution of designated courts constituted under section 7 of the act, its jurisdiction 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 ..... concurrence of the chief justice of india (such concurrence to be obtained on a motion moved in that behalf by the attorney-general), transfer any case ..... from the government duly established or to make them lose faith in the government's ability to protect them, (b) a sense of impotence among government officials or to intimidate them as a means of neutralizing their active opposition to the terrorists groups; (2) to undermine the national economy by discouraging foreign investment, dissuading foreign tourists from visiting the country and spurring capital flight by domestic ..... including women, children and bystanders, disturbing the peace, tranquility and security ..... invalid for being, 'legislative tyranny' or 'state violence' of the fundamental rights guaranteed in ..... and for the same ..... 2005;(7) the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 198 1;(8) the karnataka prevention of dangerous activities of bootleggers, drug offenders, goondas, gamblers, immoral traffic and slum grabbers act, 1985it has been said that all those laws fall within the ambit of 'public order .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... from the provisions of the passports act, 1967 that it lays down the circumstances under which a passport may be issued or refused or cancelled or impounded and also prescribes a procedure for ..... fundamental rights are primarily aimed at assuring political freedom to the citizens by protecting them against excessive state action while the directive principles are aimed at securing ..... for final hearing by the judgment and order dated 29th april, 2015 by granting limited ad-interim relief directing the state government not to take coercive steps for ..... and facts from which a reasonable suspicion can be inferred that the property had been stolen or obtained unlawfully, matters ..... listed in article 19(1) are not subject only to articles 19(2) to 19(6); the provisions contained in the chapter on directive principles of state policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the fundamental rights. ..... kg of domestically produced beef ..... case of inherently dangerous or noxious trades, such as production or trading in liquors or cultivation of narcotic plants, or trafficking in women, it would be a reasonable restriction to prohibit the trade or business altogether. ..... , it was stated that the house of everyone is to him as his castle and fortress as well as for his defence against injury and violence as for his repose . ..... mirzapur moti kureshi kassab jamat and others (2005)8 scc 534), it was submitted that to satisfy the test .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

Court : National Green Tribunal Principal Bench New Delhi

..... act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of biological diversity act, 2002 (18 of 2003), may within a period of thirty days from the date on which the order ..... been fully complied with and also as per schedule-iv for the procedure for public hearing and since the model code of conduct ..... by the notification declaring the project area as industrial area and environmental clearance if any, obtained by the 9th respondent (this respondent herein) is neither legal nor valid or sufficient ..... and local domesticated animals to ..... chapter iv of the moefs environmental impact assessment guidance manual for airports requires that secondary data is to be collected within 15 km aerial distance for ..... reliefs sought for ..... 2005 of the honble kerala high court, (annexure a3), the 4th respondent namely the kozhencherry education trust, the previous owner had no permission to reclaim the paddy land and even subsequent to that date also, no permission was issued by any competent authority to the 4th respondent to reclaim the paddy land in controversy and contrarily, the competent authorities found that the reclamation of paddy land by the 4th respondent was illegal and ordered .....

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court : Chennai

..... the nafta treaty and the gatt agreement; (4) a 1996 enactment which added an anti-dilution prohibition to federal law; (5) the 1999 "anti-cybersquatting consumer protection act," directed at preventing the cybersquatting on the internet of domain names that are confusingly similar to trademarks and person names; (6) legislation in 2002 implementing ..... order vi, rule 14a (5)(a) of the code of civil procedure, ..... above suit, praying for the following reliefs:- (a) a permanent injunction restraining the defendants, by themselves, their directors, partners, men, servants, agents, broadcasters, representatives, advertisers, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing ..... the site in relation to infringing goods and (ii) what was the scope of the relief under article 11, in the light of the fact that as a matter of domestic law, the court has power to grant an injunction against e-bay europe by ..... thought and i shall think that it would be made almost impossible for any one to obtain the exclusive right to the use of a word or term, which is in ordinary use in our language and which is descriptive only and indeed, were it not for the decision in reddaway's case, i should say this should ..... for instance, in a website providing services to men and women looking for suitable life partners ..... grokster, ltd {545 us 2005-1}, mgm studios sued the companies which distributed free ..... in chapter iv of the said paper, the sct took note of the .....

Riddhisiddhi Bullions Limited and Others Vs. Union of India, through C ...

Court : Mumbai

..... placed upon a communication dated 19th march, 2015, received from the deputy commissioner of customs, hyderabad and certain information derived and obtained under the rti act, 2005, copies of which are at exhibits 1 and 2 of ..... that paragraph 4 of the policy circular no.39 (re-2010)/2009-14 dated 19th august, 2011, regarding consolidated guidelines for import of precious metal by the nominated agencies issued by dgft provides that the policy and procedure for import of precious metal shall be as per the guidelines stated in foreign trade policy (ftp) and the ..... reasonable explanation or justification for passing the impugned order and imposing a penalty on the petitioner-company of rs.100 crore when the petitioners had paid total customs duty of rs.4,08,94,132/- for the consignments in question to the satisfaction of the proper officer of customs at ahmedabad for home consumption without any restriction on domestic sales thereof, which otherwise was not payable if the clearance would have been permitted under bond only for exports on the ..... to each section, but suffice it to say that chapter ii contains the provisions relating to incorporation, capital management ..... by a monitoring authority at one point of time does not give blanket protection to the petitioners for violations detected subsequently. ..... for the petitioners makes a request that the ad-interim relief granted on 10th november, 2014, be continued for a period of two months so as to enable the petitioners to challenge this order .....

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

Court : UK Supreme Court

..... hold the detention of the crew unjustified, on the basis that, although international as well as domestic law was capable of shaping a "procedure prescribed by law" within article 5.1 (para 79), cambodia's ad hoc authorisation did not ..... for active service puts himself or herself in a position where he or she is under extreme discipline, bound to obey orders in a harsh physical environment, the concomitant being that the army authorities must protect him or her against risks potentially arising from obeying such ..... armed conflict), isayeva, yusupova and bazayeva v russia (application nos 57947-49/00, bailii: [2005] echr 129) (isayeva i) and isayeva v russia (application no 57950/00, , bailii: [2005] echr 128) (isayeva ii) (decisions of 24 february 2005) show, in the context respectively of turkish army operations against the pkk in turkey ..... para 19, the guarantee in the first sentence of article 2(1) is 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 ..... of the respondent state for the actual death of michael menson; nor has it been suggested that the authorities knew or ought to have known that michael menson was at risk of physical violence at the hands ..... 1511 of 16 october 2003, the security council, again acting under chapter vii, "reaffirm[ed] the sovereignty and territorial integrity of ..... relief ..... obtain the custody of her daughter following a custody .....

Walumba Lumba (Previously Referred to as Wl) (Congo) 1 and 2 (Appellan ...

Court : UK Supreme Court

..... domestic procedure under which mr chahal's appeal against deportation had been considered by an advisory panel "provided an adequate guarantee that there were at least prima facie grounds for believing that if mr chahal were at liberty, national security would be put at risk and thus, that the executive had not acted arbitrarily when it ordered ..... examples of non-cooperation are (i) a refusal by a person who does not have a valid passport to cooperate with the obtaining of travel documents to enable him to return and (ii) a person's refusal to avail himself of one of the home ..... public good is because he has a propensity to commit serious offences, protection of the public from that risk is the purpose of the deportation order and must be a relevant consideration when determining the reasonableness of detaining ..... lj, giving the only reasoned judgment in the court of appeal in r (nadarajah) v secretary of state for the home department, [2005] ewca civ 1363, a decision which, amazingly, does not seem to have found its way into the law ..... fairer, faster, firmer informed the reader at the beginning of chapter 12 dealing with "detention" that at any one time, only ..... constitutions contained provision in relation to such violations for "redress" (trinidad and tobago, section 14(1) (without prejudice to any other action which is lawfully available); bahamas, article 28(1) (but not if adequate means of redress are available under any other law), or "relief" together with "such remedy" as the court .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... procedures available to muslim men for obtaining divorce, such as, talaq-e-ahsan and talaq-e-hasan were also liable to be declared as unconstitutional, ..... reliefs prayed for are the (b) to declare muslim personal law which enables a muslim male to give unilateral talaq to his wife without her consent and without resort to judicial process of courts, as void, offending articles 13, 14 and 15 of the constitution; (c) to declare that the mere fact that a muslim husband takes more than one wife is an act of cruelty within the meaning of clause viii (f) of section 2 of dissolution of muslim marriages act, 1939; (d) to declare that muslim women (protection of rights on divorce) ..... application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be ..... women which were brought to our notice, included the convention on the political rights of women (1952), declaration on the protection of women and children in emergency and armed conflict (1974), inter-american convention for the prevention, punishment and elimination of violence against women (1955), universal declaration on democracy (1997), and the optional protocol to the convention on the elimination of all forms of discrimination against ..... reliefs as are provided for under the special marriage act, 1954 (- which are contained in chapters iv, v and vi thereof) have been adopted for marriages registered under the foreign marriage .....

Wipro Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2005)96TTJ(Bang.)211

..... the relevant fund under any act, rule, order or notification issued there under or under any standing order, award, contract of service or otherwise" "any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the employees' state insurance act, 1948 (34 of 1948), or any other fund for the welfare of such employees ..... for claiming refunds and reliefs rest with the assessees on whom it is imposed by law, officers should : (a) draw their attention to any refunds or reliefs to which they appear to be clearly entitled but which they have omitted to claim for some reason or other; (b) freely advise them when approached by them as to their rights and liabilities and as to the procedure to be adopted for claiming refunds and reliefs ..... covered by section 10a, it is entitled to deduction under section 80hhe and that since the deduction under chapter vi-a excluding the deduction under section 80hhe, exceeded the gross total income, a claim was not made ..... given to the words then, it would be doing violence to the express language of the sub-section which will ..... the business income earned in the united states of america from the business of software services has been taxed in the united states of america as per the existing domestic laws of that country.the appellant has filed return of income in the united states of america and also paid ..... has also obtained licences which ..... 2005) 94 ttj (pune) 113 : (2005 .....