Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: gujarat

Dhaval Rajendrabhai Soni. Vs. Bhavini Dhavalbhai Soni and ors.

Court : Gujarat

..... in the present proceedings, husband has challenged an order dated 13.3.2009 passed by learned jmfc, bhuj in criminal application no.481/2008 filed by wife under the protection of women from domestic violence act("the act" for short). ..... it is therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society:-..."13. ..... from the preamble of the act, it can be seen that to achieve the above object the said act was enacted to provide for more effective protection of right for woman guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected thereof and incidental thereto.14. ..... the act provides for various reliefs that an aggrieved person can seek from the magistrate including right to reside in a shared household, protection orders, residence orders, monetary reliefs, compensation etc. ..... with above objects, legislature has provided number of reliefs that wife can claim under the said act by filing application under section 12. .....

Dharmendra Dhirajlal Soneji Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR198

..... very same chapter, in para 7.1.2, it further observed that 'in india, women are guaranteed equality, freedom, opportunity and protection by the constitution and several legislations, nonetheless continue to be victims of domestic violence, family violence, violence in the community and at work places. ..... indian culture, if we want to save the youth of our country becoming stupid sex-addict, if we want to provide safety and security to honour and dignity of girls and women from the roadside romeos and maniacs, and if we want to save the country from continuous erosion of high values and in particular replacing the bravery in youth by substituting it by the vulgarity and impotence, the government must act with a firm resolve and determination to meet with this evil. ..... mere enactments of certain special acts by the parliament such as (i) the indecent representation of women (prohibition) act, 1986, (ii) the commission of sati (prevention) act, 1987, (iii) andhra pradesh devdashis (prohibition & dedication) act, 1988, (iv) the medical termination of pregnancy act, 1971, (v) the maternity benefits act, 1988, (vi) the national commission for women act, 1990, (vii) dowry prohibition act, 1961, (viii) adding section 304-b (dowry-death) in ..... their clean consciousness, has it indeed any right to urge and press for the enhancement of sentence!!8.1 to answer above questions, let there be before us the relevant circumstances pressed in service for the reduction of the sentence already undergone. .....

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Reported in : (2001)1GLR603

..... question order order, nor, without the leave of the court, to cross-examine any witness upon any answer given in reply to any such question : provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved : provided also that, this section shall not authorize any judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to ..... provisions of the legal services authorities act, 1987, in particular, section 12, thereof, providing criteria for giving legal services, it is not the type of the charge or the nature of the offence committed, but the disability of the accused on account of indigence, illiteracy or any other disability of the accused to entitle to free legal services at the cost of ..... aid fraternity must respond with juristic sensitivity to the voice from the silence zone(a class of litigants) and mass voice of weak, meek, poor, suppressed and exploited women and destitute children so as to create evolving ebullient echo for ..... it is, therefore, imperative to evolve effective and efficient strategies both preventive and protective : (1) to manage : unmanageable (2) to break : unbreakable (3) to beat : unbeatable (4) to hit : unhitable (5) ..... (xxxvii)the custodial violence, investigating abuses and social exploitation pose the greatest challenges to the ..... spent or expenditure for administration of law and justice is reportedly 0.2 percent of the gross domestic product (g.d.p. .....

Deepak Nitrite Ltd. Vs. N.H. Rana

Court : Gujarat

Reported in : [2002(93)FLR431]

..... the strike is illegal;(iii) to order to grant consequential relief of reinstatement with backwages deleting stoppage of two increments stated in award by the labour court and continuity of service from 4.6.1981;(iv) to order that the above two charge sheets being illegal the respondent is liable to pay compensation in terms of section 13(2b) of the industrial employment standing order, 1946, for deprivation of personal liberty in terms of article 21 of the constitution of india for 21 years for the amount of ..... charges against the workman for illegal and unjustified strike from 6.1.1981 to 14.1.1981 and instigating the workers for illegal and unjustified strike, taking leading part in the strike is also duly proved.4.2 i have also gone through the model standing order particularly section 24 which provides that going on an illegal strike or abetting, inciting, instigation or acting in furtherance thereof is a serious misconduct. ..... the hon'ble supreme court has observed as under:-'the learned advocate for the respondents however urges that even where the strike is illegal in order to justify the dismissal or the order terminating the services of workmen on the ground of misconduct the management must prove that they were guilty of some overt-acts such as intimidation, incitement or violence. ..... labour court failed to appreciate that in domestic enquiry standard of proof is not strict. ..... includes an employer or workman who has the advantage of the protection under section 37 of the act. .....

Bharat Co-operative Bank Ltd. and anr. Vs. K.L. Baria, Judge, Labour C ...

Court : Gujarat

Reported in : (1998)1GLR850

..... mazdoor congress, reported in air 1991 sc 101 has held that even where there are regulations which provide for removal from service without assigning any reason and without holding any inquiry, the same are bad in law and they have come to be struck down ..... wisdom has thought it desirable in the greater public interest that decision to lay-off should not be taken by the employer on its own assessment with immediate effect but the employer must seek approval from the concerned authority which is reasonably expected to be alive to the problems associated with the concerned industry and other relevant factors, reasons pleaded for permitting layoff, such authority may arrive at a just ..... from the angle of the common law right of a master to keep a workman under suspension either during the pendency of a domestic inquiry into an act of misconduct alleged to have been committed by a workman or during the pendency of an application under section 33 of the act. ..... so dispensed with in spite of such a position, the question is whether the employees should be denied any protection in the labour court and whether they should be made to wait till disposal of that case. 26. ..... where it is just not possible to hold inquiry because of violence or insurmountable difficulties, the employer can always explain it to the ..... sc 101, i held that the normal rule is that an inquiry must be held, unless it is impossible to hold it due to violence etc. ..... wherein the departmental inquiry was impossible due to violence. .....

Gujarat State Fertilizers and Chemicals Ltd. Vs. Surendra T. Amin

Court : Gujarat

Reported in : (2004)3GLR2040; (2005)ILLJ400Guj

..... gratuity act provides as under :-'notwithstanding anything contained in sub-section (1), - (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited - (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part or (ii) if the services of ..... therefore, the petitioner withdrew the aforesaid suspension order and charge-sheet and under rule 44 of the company's service rules discharged the respondent from the service 'vide order dated 9th april, 1997 by making payment of three months' salary in lieu of notice ..... termination and it cannot take it as defence before the authority.3.2.1 the contention regarding forfeiture is raised for the first time before the authority which is not permissible in view of the fact that exception is carved out in section 4 to protect the damage caused to the employer. ..... country, as is the case in england, the treaty or international protocol or convention does not become effective or operative of its own force as in some of the continental countries unless domestic legislation has been introduced to attain a specified result. ..... found guilty of misconduct by the domestic tribunal and was accordingly dismissed. .....