Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 11 duties of government Page 1 of about 525 results (0.180 seconds)

Mohd Abdul Samad Vs. The State Of Telangana

Court : Supreme Court of India

..... section 125 of the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8 ..... further, under section 5 of the 1986 act, if, on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her husband declare by an affidavit or any other declaration in writing in the form prescribed, either jointly or separately that they would prefer to be governed by the provisions of section 125 to section 128 of the crpc and file such an affidavit or declaration in the court hearing the application, the magistrate shall dispose of ..... - if, on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the code of criminal procedure, 1973 (2 of 1974); and file such affidavit or declaration in the court hearing the application, the magistrate shall dispose of ..... a fundamental right while article 39 is a directive principle of state policy that is fundamental in the governance of the country and it is the duty of the state to apply these principles while making the law. .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... she was duty bound to enquire into all complaints by virtue of the domestic violence act. ..... and with the consequential direction not to conduct any enquiry till the disposal of the proceedings initiated by him in the sub court, ramanathapuram in hmop no.38 of 2011.2.when the matter came up on 27.9.2011, the learned special government pleader was directed to take notice for the second respondent district social welfare officer. ..... section 9(2) prescribed as follows:(2)the protection officer shall be under the control and supervision of the magistrate, and shall perform the duties imposed on him by the magistrate and the government by, or under, this act.9.after making domestic incident report (dir), the said officer can also present an application seeking for relief. .....

Smt. K Lakshmi Vs. Canara Bank

Court : Karnataka

..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc ..... view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial interpretation.4. ..... the principles governing compassionate appointment eligibility pivot on considerations of dependency, financial need, and the humanitarian imperative to alleviate acute distress, rather than notions of birthright or ..... the judgment emphasizes the duty of a husband to provide maintenance to his wife and reaffirms the principle that compassionate appointment is intended to alleviate the immediate financial distress of the 13 deceased's family, rather than confer entitlements or privileges based on marital status ..... " literally meaning that it is the duty of husband to provide maintenance to his dependent .....

Commissioner of Income Tax, Coimbatore Vs. Lakshmi Machine Works

Court : Supreme Court of India

Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168

..... establishment of the assessee situate outside india ;(c) 'export house certificate' or 'trading house certificate' means a valid export house certificate or trading house certificate, as the case may be, issued by the chief controller of imports and exports, government of india ;(d) 'supporting manufacturer' means a person being an indian company or a person (other than a company) resident in india, manufacturing (including processing) goods or merchandise and selling such goods or merchandise to an export house or a trading house ..... ground that under section 80hhc(ba) deduction from 'total turnover' was restricted only to three items, namely, profit on sale of import licence, duty drawback and ccs. ..... , in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962) ;(b) 'export turnover' means the sale proceeds, received in, or brought into, india by the assessee in convertible foreign exchange in accordance with clause (a) of sub-section (2) of any goods or merchandise to which this section applies and which are exported out of india, but does not include freight or insurance attributable to the transport of the ..... in the case of combined business of an assessee having export business and domestic business the legislature intended to have a formula to ascertain export profits by apportioning the total business profits on the basis ..... 4409 of 2005, the above proposition has been accepted by .....

Smt. Anusha N Vs. Union of India

Court : Karnataka

..... such multiple proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc. ..... strict adherence to protection of women, dowry, domestic violence laws and their strict implementation to protect the intentions and objectives of the said laws and to secure the safety, security, welfare and dignity of women; as also for a direction to respondent no.4 for the strict departmental action against the protection officer & child development protection officer, department of women and child development, anekal taluk, bangalore urban district; pass punitive and compensatory orders against all the respondents for dereliction of duty, negligence and ..... as indicated above, court must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. ..... learned additional government advocate sri.d.nagaraj appearing for respondent nos. ..... learned central government standing counsel smt.a.d.vijaya appearing for respondent nos.1 and 2 argued that the petition is wholly misconceived. .....

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... view that even before the enactment of the protection of women from domestic violence act, 2005 the courts in india protected the possession and a right of occupation of women to their matrimonial household in view of the consideration that women contribute to the domestic unit, both economically and through services rendered by performing domestic duties. ..... together in one house or upon the same premises; a collective body of persons, who form one household, under one head and one domestic government, who have reciprocal nature or moral duties to support and care of each other, such persons as habitually reside under one roof and form one domestic circle, or such as are dependent on each other for support, or among whom there is a legal or equitable obligation to furnish support ..... read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. .....

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... need not to give any catalogue of law enacted for protection of rights of women and in relation to the dispute which may arise out of matrimonial relation (and now, even without having matrimonial lawful relation - see the protection of women from domestic violence act, 2005),21. ..... maintenance during entire divorce proceedings which culminated with passing of the divorce decree on 4-2-2002, then the finding recorded by the court in divorce petition under section 24 of the hindu marriage act even if for sake of argument, may not be binding in the proceedings under section 25 of the hindu marriage act even then certainly is a relevant fact and, therefore, in view of the totality of the facts of the case, this court finds it appropriate to allow the ..... did not deny that she has been given appointment in the state government services having security and she is appointed on emoluments of more than rs ..... several obligations, corresponding duties and relative injunctions seem to evolve out so as to hold this tie together and further support and supplement its existence and principles of morality have obviously their interplay in this generic ..... duty according to law and religion), arth (economic effort and achievement), kam (love and procreation) and purusharth .....

P.Visalakshiamma Vs. 1.The Director of Schools Higher Education,

Court : Chennai

..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... the family pension shall be payable to such son or daughter for life subject to the following conditions namely- (i) if such son or daughter is one among two or more children of the government servant, the family pension shall be initally payable to the minor children in the order set out in the clause (iii) of sub-rule (8) until the last minor child attain the [age ..... the time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of [twenty-one ..... we approve the views expressed by the other high courts on the meaning of section 39 of the act and hold that a mere nomination made under section 39 of the act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the ..... it shall be the duty of the guardina of such son or daughter to furnish every month to the treasury of bank, as the case may be a certificate to the effect that he or she has not started earning his or .....

Smt. Naseem Bano @ Rani Vs. Mehboob Ali Khan

Court : Rajasthan Jodhpur

..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... the petitioner wife has filed the present transfer petition under section 24 cpc seeking transfer of proceedings pending before the family court no.1, jodhpur to the family court, bundi, inter alia, with the averments that she is a resident of bundi; has a small girl child to look after; distance ..... 2 a reply to the transfer petition has been filed by the respondent, inter alia, indicating that he is a government servant and is serving in govt. ..... the parties are directed to remain present before the family court, bundi on 25.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under section 498-a cr.p.c. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....

Kusum Sharma Vs. Mahinder Kumar Sharma

Court : Delhi

..... all cases relating to maintenance including cases under hindu marriage act, 1955, protection of women from domestic violence act, 2005, hindu adoption and maintenance act, 1956, special marriage act, 1954 indian divorce act, 1869 as well as section 125 cr.p.c. ..... in the order dated 18th september, 2014 as well as this judgment are guidelines to determine the true income of the parties by applying the principles laid down in sections 106 and 165 of the indian evidence act read with section 10(3) of the family courts act, which cast a duty on the court to determine the true income of the parties. ..... to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does not become a ..... 19.3 applying the aforesaid principles laid down in section 10(3) of the family courts act, 1984 read with section 165 of the indian evidence act relating to the duty of the court to ascertain the truth and the duty of the parties to disclose their income under section 106 of the indian evidence act, this court has formulated the format of the affidavit of assets, income and expenditure attached to this order as annexure a ..... sit as a mere umpire at a contest between two parties and declare at the end of the combat who has won and who has lost and that there is a legal duty of his own, independent of the parties, to take an active role in the proceedings in finding the truth and administering justice. .....