Court : Orissa
..... and on examining the documents, the learned sessions judge has held that there has been violation of mandatory provision of section 12 of the protection of women from domestic violence act, 2005, hereinafter referred as the act for brevity, inasmuch as, the magistrate without waiting for the domestic incident report (in short dir . ..... in the proviso to section 12(1) of the act is therefore quoted hereunder: 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. . ..... section 12 obliges the court to, before passing any order on such application take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... second contention that has been raised is violation of section 14 of the act, which provides that the magistrate may at any stage of the proceedings under this act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling with any member of a service provider who possess such qualifications and experience in counseling as ..... the respondent no.1 was directed to provide accommodation for the aggrieved person and her daughter or to pay monthly rent of rs.1,000/(rupees one thousand ..... subsection (2) provides that where the magistrate has issued any direction under subsection (1), he shall fix the next date of hearing of the case within a period .....
Tag this Judgment!Court : Orissa
..... bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are as follows: opposite party-rashmibala pradhan had filed an application bearing cmc no.116 of 2007 under section 12 of the protection of women from domestic violence act, 2005 (for short, act, 2005 . ..... (iv) it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... it, is therefore, proposed to enact a law keeping in view of 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.4. ..... (v) it provides for appointment of protection officers and registration of non-governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe, shelter, etc.5. .....
Tag this Judgment!Court : Orissa
..... the code of criminal procedure of 1973 which incorporated the changes proposed in the said bill of 1970 states in its objects and reasons that section 357 was "intended to provide relief to the proper sections of the community" and that the amended crpc empowered the - 10 court to order payment of compensation by the accused to the victims of crimes "to a larger extent" than ..... provided for any economically assessable damage resulting from violations of human rights or international humanitarian law, such as: (a) physical or mental harm, including pain, suffering and emotional distress; (b) lost opportunities including education; (c) material damages and loss of earnings, including loss of earning potential; (d) harm to reputation or dignity; (e) costs required for legal or expert assistance, medicines and medical services ..... in the united states of america, the victim and witness protection act of 1982 authorizes a federal court to award restitution by means of monetary compensation as a ..... medical justice for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs and ..... been quoted with approval in delhi domestic working women's forum v. ..... resolution titled basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law, 2005 . .....
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