Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: guwahati Page 1 of about 2 results (0.109 seconds)

Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon

Court : Guwahati

..... 07/2009, arising out of a petition under section 12 of the protection of women from domestic violence act, 2005, for short, d.v. ..... explanation 2 of section 3 provides that to determine whether any act, omission, commission or conduct of the respondent constitutes domestic violence under section 3, the overall facts and circumstances shall be taken into consideration. 15. in s.r. ..... section 20 which provides for grant of monetary relief lays down that while disposing of an application under section 12 (1) of the dv act, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage ..... proviso 2 of section 126 (2) provides that if the magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the .....

Sri Maran Nama Vs. State of Tripura

Court : Guwahati

Reported in : 2010CriLJ1594

..... latest in the series is the enactment of the protection of women from domestic violence act, 2005 to protect and curb widely prevalent offences of domestic violence. ..... to uphold the rules of law and with an avowed intention to provide an atmosphere where the citizens can lead a dignified life and to protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. ..... : air 1998 sc 1406 : 1998 cri lj 1905, the hon'ble supreme court has held that admission of guilt by an accused person is admissible evidence within the purview of section 21 of the evidence act and the said authority has been relied upon by this high court in the case of state of arunachal pradesh v. t. ..... it was followed by insertion of section 304b in the penal code providing severe punishment for the murder of a women for non-fulfilling the demand of dowry. ..... at the same time, due to insufficient evidence, the accused/appellant was acquitted from the offence under section 498a, i.p.c.7. ..... at any rate, the suggestion given to the victim that kerosene oil fell on her body in the midst of, scuffle is somewhat an admission of the accused and the same can be considered as corroborative evidence under section 21 of the evidence act, 1872.20. ..... parallelly, sections 113a and 113b were also inserted in the evidence act, 1872 to draw presumptions in the matter of abatement to suicide by a married woman and dowry death. .....

Mrs. Manju Lakra Vs. the State of Assam

Court : Guwahati

..... evidence of pw1, the daughter of the accused-appellant and the deceased, it becomes clear that the circumstances of the present case show that if not cruelty within the meaning of section 498a, the circumstances, prevailing in the family of accused, were nothing short of domestic violence as conceived under the protection of women from domestic violence act, 2005. 68. ..... then the severable part could be tendered in evidence is misleading and the entire confessional statement is hit by section 25 and save and except as provided by section 27 and save and except the formal part identifying the accused as the maker of the report, no part of it ..... that basic feature of the first exception to section 300 ipc is to provide a mitigating circumstance, but for which the offence would be murder within the meaning of section 300 ipc. ..... in the case at hand, therefore, it is not difficult to conclude that when the accused-appellant provided the information, as regards the occurrence leading to the seizure of the lathi, she was in police custody and the evidence on record that she showed the lathi and, upon being shown ..... is no impediment in law in conviction an accused solely on his own confession, even if retracted, provided that the court believes such a confession as true has been made clear by the supreme court in ..... a culpable homicide amounting to murder is reduced to an offence of culpable homicide not amounting to murder, is exception 1 to section 300, which provides as follows: exception 1. .....

Smt. Ann Sarkar Vs. Anil Sarkar

Court : Guwahati

..... while agreeingthat the marriage could not be dissolved on mutual consent the learned district judge failed to notice that under section 10 of the act any wife may present a petition praying that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been ..... to her and had no feelings for her; that he used to be very friendly with other women and had affairs with them, and she protested but to no effect; that when for sometime she went to her mother's house her husband used to take women and have sex with them; and that she objected but he fought with her and sometimes threw ..... it is doubtful whether any definition of cruelty applies equally well to cases where there has been physical violence and to cases of nagging or to cases where there has been a deliberate intention to hurt and to cases ..... to hold that the respondent committed adultery providing grounds for dissolution of the marriage. ..... that a decree based on cruelty is a remedy given, not for a wrong inflicted, but solely as a protection for the victim. 11. ..... cruelty must be inferred from the whole facts and atmosphere disclosed by the evidence; (ii) actual intention to injure the other, spouse is an important, but not an essential factor; (iii) it is impossible to create categories of acts or conduct which do not amount to cruelty; (iv) sexual offences directly relevant to the husband's conjugal obligations may constitute ill treatment of the wife; (v) mental ill treatment may ..... domestic .....

Chanambam Menjor Singh Vs. Comdt./C.O. 61 Crpf and ors.

Court : Guwahati

..... disturbed by this situation, the law commission in its 113th report recommended amendment to the indian evidence act, 1872 so is to provide that in the prosecution of a police officer alleged offence of having caused bodily injuries to a person while in police custody, if there is evidence that the injury was caused ..... courts should, therefore, while jealously protecting, the fundamental rights of those who are illegally detained or subjected to custodial violence, should also stand guard against false, motivated and frivolous claims in the interest of the society and to ..... secretary of state for home department (1991) 1 all er 720 (hl) observed that it is well settled that in construing any provision in domestic legislation which is ambiguous in the sense that it is capable of a meaning which either conforms to or conflicts with the internal law conventions, the court would presume that ..... machine belonging to all manipur women voluntary organization was also taken away from their house by the ..... effect the service career of ..... the aggrieved persons claiming the additional compensation in civil court, in enforcement of private law remedy in torts nor come in the way of criminal court ordering compensation under section 357 of the cr.p.c. ..... from perusal of the said report of the learned district judge, manipur east dated 30.12.2005 and also the statements of the pws, statement of rws and statement of cws it is seen that the district judge, manipur east, after appreciation of the statements .....