Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: allahabad Page 1 of about 3 results (0.097 seconds)

Re: in the Matter of Matrimonial Disputes Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2012(3)KLT49(SN)(C.No.50)

..... 498-a ipc was made compoundable with the permission of the court.a good option for providing recompense to the maltreated woman is "the protection of women from domestic violence act, 2005" which provides for a gamut of civil rights for the aggrieved woman who has entered into a domestic relationship with a man, with or without marriage. ..... the act also provides under section 14 for the magistrate to send a matter for "counselling" before a registered "service provider," who is qualified to provide counselling in such matters to the contesting parties or to provide shelter etc. ..... we would also like reports from all the secretaries of the district legal services authorities to submit their compliance reports (through the district judges) for getting the aforementioned minor matters relating to offences under section 498 a ipc settled through mediation and the difficulties they encounter or forsee in complying with the directions of this court by the next listing. ..... legal services authority may issue appropriate guidelines or circulars for laying down a system for proceeding in matters where reports are lodged of commission of offences under section 498 a ipc where immediate arrests may not be necessary, for laying down the appropriate criteria in this regard, and for sending the matters for mediation before the mediation cells in the civil courts, in .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

Court : Allahabad Lucknow

..... " the protection of women from domestic violence act, 2005 27. ..... therefore, section 12 permits the application to be moved either by the aggrieved person herself or by the protection officer or an other person on behalf of the aggrieved person and on presentation of such an application the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider before passing any order on the application. ..... since the provisions of section 12 permits to entertain an application either moved by the aggrieved person or a protection officer or any other person on behalf of the aggrieved person, it means 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. ..... section 10(2) of the act discusses the power of a service provider and provides that a service provider registered under sub-section (1) shall have the power to record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the magistrate and the protection officer having jurisdiction in the area where the domestic violence took place. .....

Jiyaul Hasan and Others Vs. State of U.P. and Another

Court : Allahabad

..... alam vs jiyaul hasan and others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... vs jiyaul hasan and others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... an offence under section 12 of the protection of women from domestic violence act the court must satisfy that the offence of domestic violence must have been ..... - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes" domestic violence" under this section, the overall facts and circumstances of the ..... explanation appended to section clearly says that for the purpose of determining whether any act omission, commission or conduct of the respondents constitutes "domestic violence" under this section, the overall facts and circumstances of the ..... - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse ..... express legal bar engrafted in any of the provisions 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 the aggrieved party. .....

Milan Kumar Singh S/O Rajendra Singh and Rajendra Singh S/O Gulab Sing ...

Court : Allahabad

Reported in : 2007CriLJ4742

..... 2262 of 2007 under sections 12, 17, 18, 19, 20 and 22 of protection of women from domestic violence act, 2005 (hereinafter referred to as the act) to show cause within specified time, why action should a not be taken against them on the complaint of opposite party no ..... application to magistrate-(1) an aggrieved person or a 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. ..... this is the choice of the aggrieved person that instead of direct approaching the magistrate, he or she can approach the protection officer and in case of emergency, the service provider and with their help to the magistrate concerned. ..... the services of service providers as provided in section 2(r) of the act may also be ..... the duties of service provider has been provided under section 10 of the 'act, but a plain perusal of these provisions clearly show that this argument of learned counsel for the applicant has no legal force that any aggrieved person cannot file complaint directly to the magistrate ..... this is for the magistrate concerned to take help of protection officer and service provider after receiving the complaint provided, he feels it necessary for final disposal of the dispute between the parties .....

Manoj Anand Vs. State of U.P. and Another

Court : Allahabad

..... veenu anand wife filed an application u/s 12 of the protection of women from domestic violence act, 2005 (in short the act). ..... even clause (g) of section 18 which includes, any other act as specified in protection order would not include the order of interim maintenance. ..... protection order has been defined u/s 2 (10) of the act as protection order means an order made in terms of section 18. ..... section 31 of the act applied to the protection order. ..... sub section (4) (5) and (6) of section 20 provide for mechanisum to ensure compliance of order for maintenance. ..... section 28 of the act provides for procedure and says that all proceedings under sections 12, 18, 19, 20, 21 and 23 shall be governed by the provisions of criminal procedure code. ..... thus there is substance in the contention of revisionist that power u/s 31 was not available to the magistrate to implement the order of interim maintenance passed under section 23 of the act and proceed to punish him for the breach thereof. ..... section 18 gives details of protection orders that may be passed by the magistrate. ..... (3) while framing charges under sub-section (1), the magistrate may also frame charges under section 498-a of the indian penal code (45 of 1860) or any other provision of that code or the dowry prohibition act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions. .....

Alok Kumar Gupta and ors Vs State of U.P and anr.

Court : Allahabad

..... it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. ..... kirit gupta versus alok kumar gupta and others under section 12 of the domestic violence act, p.s. ..... it is contended that the opposite party no.2 has also initiated proceedings under section 498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. ..... after depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ..... 10,000/- within two weeks from today with the mediation centre of which 50% shall be paid to the opposite party no.2 for appearance before the mediation centre.5. .....

Ashish Kumar Misra (Advocate) [P.I.L.] Vs. Bharat Sarkar Thru. Sachiv ...

Court : Allahabad Lucknow

..... subjected to discrimination and domestic violence, a woman is ..... the recognition of the eldest woman as the head of the household is in contradistinction to a male member since as we have already noted above, sub-section (2) of section 13 of the act enables a male member of the household to be recognized as the head of the household only in the absence of a woman or if the sole woman is below the age of eighteen, until ..... in such a situation, sub-section (2) of section 13 of the act provides that the eldest male member of the household shall be the head of the household for ..... the object and purpose of section 13 of the act in other words was not to exclude transgenders though in view of the judgment of the supreme court in national legal services authority (supra) parliament may, if we may respectfully so say, consider the appropriateness of a ..... third gender in law has thus become an intrinsic part of the right to life protected by article 21 of the constitution. ..... for too long in our history and even today, women have been burdened with the obligation of maintaining home and family without a corresponding recognition or acceptance ..... by the state government for submitting applications under the act contains an enumeration of several items on which a disclosure of information has been sought from the applicant. ..... hijras, eunuchs, apart from binary genders, be treated as "third gender" for the purpose of safeguarding their rights under part iii of our constitution and the laws made .....

Commissioner of Income-tax Vs. Mascot (India) Tools and Forgings (P) L ...

Court : Allahabad

Reported in : [2010]320ITR116(All)

..... whether, on the facts and circumstances of the case, was the income-tax appellate tribunal legally justified in holding that both section 145(1) proviso and section 145(2) of the income-tax act, 1961, are not applicable in the case and whether the findings of the income-tax appellate tribunal in deleting the additions ..... 15,99,158 made by the assessing authority on account of alleged suppression in the domestic sales; rejection of book results and applying a net profit rate of 22 per cent; by the assessing authority and ..... export orders to the assessee-company without retaining any margin or incentive thereon, principal exporters have charged commission of 5 per cent, to 7 per cent, for the their services and the efforts made in securing the export orders.15. ..... the assessee did not demand from these export houses that benefit under section 80hhc will be claimed by the assessee and the export houses will be liable to issue disclaimer certificate under section 80hhc to the assessee who was ..... on the record that the method of accounting adopted by the assessee being followed by it in all the years and gross profit rate and turnover is gradually increased from 18.65 per cent, to 30.77 per cent, from the assessment years 1983-84 to 1988-89. ..... the entire facts, we are of the considered opinion that the books of account maintained by the assessee are correct and complete and the method of accounting followed by the assessee is also a valid method, from which the profits can be properly deduced. .....

Gopal Krishan Sharma Vs. Dr. Mithilesh Kumari Sharma

Court : Allahabad

Reported in : AIR1979All316

..... of sympathy, disagreeable manners, delusions of ill temper, habitual disregard of the wife's feelings, refusal to protect her from the insults of others etc, do not constitute cruelty furnishing ground for divorce. ..... trial court, the first appellate court and in this court made an offer to the respondent that he would now separate his mother from him for the convenience and comfort of the respondent and would thus alleviate her grievances, if any, on that account and she ..... the petition; or (iv) has, for a period of not less than three years immediately preceding the presentation of petition, been suffering from a virulent and incurable form of leprosy; or (v) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vii) has not ..... he might have thought that differences between the mother-in-law and the daughter-in-law, a feature common in domestic life, shall in due course of time get patched up particularly when the wife in her letters had ..... section 13 of the act provides for a dissolution of marriage by ..... for the marriage of his daughter with his son, the appellant's father, an educationist with views very set in domestic living, made it plain to the respondent's father that the advanced studies of his daughter in medicine would not be permitted to be utilized by her for a profession or service career in medicine. .....