Court : Orissa
..... 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 . ..... 12 sub-section (2) of section 12 provides a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the ..... section 31 of act, 2005 provides for penalty for breach of protection order by ..... provides, in addition to other reliefs as may be granted under this act, the magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress caused by the acts of domestic violence committed by that respondent.15. ..... 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. .....
Tag this Judgment!Court : Orissa
..... the parties 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 . ..... that appears 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. . ..... the proviso to 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 ..... the plenitude of the jurisdiction conferred by section 12 is in no way affected by the proviso; all that it mandates is that before any order is made on an application (under section12) the ..... of the aforesaid discussions, this court comes to the conclusion that the order passed by the learned additional sessions judge is no.sustainable and accordingly the judgment and order dated 6.12.2012 passed in criminal appeal no.02 of 2012 is hereby set aside and the order dated 05.05.2012 passed by the learned j.m.f.c. ..... judge, dharmagarh in criminal appeal no.02 of 2012 in reversing the order dated 05.05.2012 passed by the learned civil judge (junior division)-cum .....
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 was previously permissible under the code. ..... however, over the years the dominant function of criminal justice is projected to be protecting all citizens from harm to either their person or property, the assumption being that it is the primary duty of a state under rule of law. ..... section 3553(c) of title 18 of the act states as follows: if the court does no.order restitution or orders only partial restitution, the court shall include in the statement the reason thereof. . ..... 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 remedies forged by the apex court. ..... , p.1237-1238), which has been quoted with approval in delhi domestic working women's forum v. ..... the un general assembly passed a 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 . .....
Tag this Judgment!