Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Court: allahabad Page 1 of about 4 results (0.075 seconds)

Re: in the Matter of Matrimonial Disputes Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2012(3)KLT49(SN)(C.No.50)

..... was made compoundable with the permission of the court.a good option for providing recompense to the maltreated woman is "the protection of women from domestic violence act, 2005" which provides for a gamut of civil rights for the aggrieved woman who has entered into a domestic relationship with a man, with or without marriage. ..... "residence orders" (section 19), which restrain the respondent from dispossessing a woman from the shared household, or from alienating or renouncing his rights to the property or by directing him to remove himself, or by providing alternate accommodation to the aggrieved woman at the ..... by providing "monetary reliefs" (sections 20 and 22) by paying for loss of earnings or medical expenses, or loss due to destruction of property by domestic violence, or for maintenance of the woman and her dependent children, or by payment of compensation for causing injuries (including ..... such civil rights include "protection orders" (section 18) prohibiting the respondent from committing any act of violence, visiting the place of work, operating the common bank locker, making ..... criminal proceedings under this act have been allowed only as a last resort, under section 31 when the respondent commits a breach of a protection order, or where at the stage of framing charges for breach of the protection order he finds that an offence under section 498-a ipc has also been committed ..... "custody orders" (section 21) for custody of the child to the woman (including visiting rights) .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

Court : Allahabad Lucknow

..... " the protection of women from domestic violence act, 2005 27. ..... in this case the hon'ble supreme court of delhi dealt with the term temporary residence, which empowers the complainant to lodge complaint at the place where she temporarily resides under section 27 of the domestic violence act. ..... domestic violence act is the first act is the first act where a temporary residence of the aggrieved person has also been made a ground for invoking the jurisdiction of court. ..... the domestic violence act is the first act where a temporary residence of the aggrieved person has also been recognized as place for invoking the jurisdiction of the court. ..... case no.990 of 2012 through this application, the applicants have prayed to quash the entire proceedings of case no.509 of 2010:preeti goswami versus neeraj goswami and others, pending under section 12 of the protection of woman from domestic violence act (in short domestic violence act), pending in the court of viii additional chief judicial magistrate, lucknow as also to quash the order dated 16th of february, 2012, passed by the learned additional chief judicial magistrate, court no.32 in the said case. ..... thus, her residence may be temporary at lucknow on the date of institution of the complaint under section 12 of the domestic violence act is well established, therefore, i am of the view that the learned magistrate at lucknow is vested with the jurisdiction to try the offence committed under section 12(1) of the domestic violence act. .....

Jiyaul Hasan and Others Vs. State of U.P. and Another

Court : Allahabad

..... sainki alam vs jiyaul hasan and others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... order to constitute an offence under section 12 of the protection of women from domestic violence act the court must satisfy that the offence of domestic violence must ..... in order to constitute domestic violence repeated physical pain to a ..... (iv) " economic abuse" includes- (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately ..... in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. ..... in the fir do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code. ..... to secure ends of justice, to prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this code, depending upon the facts of a given case. .....

Milan Kumar Singh S/O Rajendra Singh and Rajendra Singh S/O Gulab Sing ...

Court : Allahabad

Reported in : 2007CriLJ4742

..... 2262 of 2007 under sections 12, 17, 18, 19, 20 and 22 of protection of women from domestic violence act, 2005 (hereinafter referred to as the act) to show cause within specified time, why action should a not be taken against them on the complaint of opposite party no. ..... sought for under sub-section (1) may include 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 respondent:provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the magistrate ..... under this act shall be set off against the amount payable under such decree and the decree shall .....

Manoj Anand Vs. State of U.P. and Another

Court : Allahabad

..... veenu anand wife filed an application u/s 12 of the protection of women from domestic violence act, 2005 (in short the act). ..... protection order has been defined u/s 2 (10) of the act as protection order means an order made in terms of section 18. ..... even clause (g) of section 18 which includes, any other act as specified in protection order would not include the order of interim maintenance. ..... section 31 of the act applied to the protection order. ..... section 18 gives details of protection orders that may be passed by the magistrate. ..... thus there is substance in the contention of revisionist that power u/s 31 was not available to the magistrate to implement the order of interim maintenance passed under section 23 of the act and proceed to punish him for the breach thereof. ..... order passed under section 23 of the act cannot be implemented under section 31 of the act. ..... learned magistrate is directed to pass appropriate order in accordance with law on the application for compliance of order passed under section 23 of the act. ..... from the above it is clear that the order passed for the maintenance or interim maintenance is not included or covered by section 18. ..... criminal revision 635 of 2011 criminal revision is directed against the order passed by the magistrate under section 31 of the act. ..... (2) the offence under su-section (1) shall as far as practicable be tried by the magistrate who has passed the order, the breach of which has been alleged to have been caused by the accused. .....

Alok Kumar Gupta and ors Vs State of U.P and anr.

Court : Allahabad

..... it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. ..... kirit gupta versus alok kumar gupta and others under section 12 of the domestic violence act, p.s. ..... it is contended that the opposite party no.2 has also initiated proceedings under section 498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. ..... after depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ..... 10,000/- within two weeks from today with the mediation centre of which 50% shall be paid to the opposite party no.2 for appearance before the mediation centre.5. .....

Ashish Kumar Misra (Advocate) [P.I.L.] Vs. Bharat Sarkar Thru. Sachiv ...

Court : Allahabad Lucknow

..... subjected to discrimination and domestic violence, a woman is left with ..... the recognition of the eldest woman as the head of the household is in contradistinction to a male member since as we have already noted above, sub-section (2) of section 13 of the act enables a male member of the household to be recognized as the head of the household only in the absence of a woman or if the sole woman is below the age of eighteen, until she attains ..... order to appreciate this grievance, we extract hereinbelow the provisions of section 13 of the act ..... the first issue relates to the validity of the provisions of section 13 of the act on the ground that the statutory provision while recognizing the eldest woman member as the head of the household does not contemplate a situation where there may be no ..... transgenders as the third gender in law has thus become an intrinsic part of the right to life protected by article 21 of the constitution. ..... for too long in our history and even today, women have been burdened with the obligation of maintaining home and family without a corresponding recognition or acceptance of their role ..... been prescribed by the state government for submitting applications under the act contains an enumeration of several items on which a disclosure of information has been sought from the applicant. ..... hijras, eunuchs, apart from binary genders, be treated as "third gender" for the purpose of safeguarding their rights under part iii of our constitution and the laws made by parliament .....

Commissioner of Income-tax Vs. Mascot (India) Tools and Forgings (P) L ...

Court : Allahabad

Reported in : [2010]320ITR116(All)

..... on the facts and circumstances of the case, was the income-tax appellate tribunal legally justified in holding that both section 145(1) proviso and section 145(2) of the income-tax act, 1961, are not applicable in the case and whether the findings of the income-tax appellate tribunal in deleting the ..... 15,99,158 made by the assessing authority on account of alleged suppression in the domestic sales; rejection of book results and applying a net profit rate of 22 per cent; by the assessing ..... for ready reference paragraph 4.8 of the tribunal's order is quoted herein below:we have elaborately discussed herein before all the reasons mentioned by the assessing officer, in the assessment order for rejecting the books results and also submissions made on behalf of the asses-see before the departmental ..... assessee did not demand from these export houses that benefit under section 80hhc will be claimed by the assessee and the export houses will be liable to issue disclaimer certificate under section 80hhc to the assessee ..... that the method of accounting adopted by the assessee being followed by it in all the years and gross profit rate and turnover is gradually increased from 18.65 per cent, to 30.77 per cent, from the assessment years 1983-84 to 1988-89. ..... , we are of the considered opinion that the books of account maintained by the assessee are correct and complete and the method of accounting followed by the assessee is also a valid method, from which the profits can be properly deduced. .....

Gopal Krishan Sharma Vs. Dr. Mithilesh Kumari Sharma

Court : Allahabad

Reported in : AIR1979All316

..... and incurable form of leprosy; or (v) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or (viii) has ..... when the respondent's father approached the appellant's father for the marriage of his daughter with his son, the appellant's father, an educationist with views very set in domestic living, made it plain to the respondent's father that the advanced studies of his daughter in medicine would not be permitted to be utilized by her for a profession or service ..... it is stated that 'mere want of sympathy, disagreeable manners, delusions of ill temper, habitual disregard of the wife's feelings, refusal to protect her from the insults of others etc, do not constitute cruelty furnishing ground for divorce. ..... uttar pradesh amendment in 1964 (amending act 44 of 1964) a new clause was inserted after clause (i) in section 13 which read as follows; '(i-1) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; the parliament then passed the marriage laws (amendment) act, 1976 (act no. .....

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

..... search; (b)there is no necessity to adjudge the validity of search on the parameters of section 22 of the special economic zone act, 2005, as the section was not enforced on the date of search; (c)in case the petitioner makes out a prima facie case against the validity of the search then (subject to privilege under section 123 or 124 of the evidence act), the petitioner is entitled to know the information in possession of the department or the ..... their powers and performing functions; (ii)sub-section (2) of section 120 {section 120(2)} of the it act provides that the board may further authorise any income-tax authority to issue order for exercising power, functions by all or any of income-tax authorities, who are subordinate to him; (iii)sub-section (3) of section 120 {section 120(3)} of the it act provides that while issuing the direction under section 120(1) or (2), among the other ..... tally; the petitioner also purchases stock-in-trade from the domestic market but it is only through the nominated agencies multi commodity exchange (mcx) and national commodities and derivatives exchange (ncdex); the domestic sales are through cheques and some are ..... . out of this, `2,00,000 was seized; the jewellery found from the residence of the directors of the petitioner was valued at `1,07,23,459 ..... , but are also sentinel on the qui view for protections of the rights; we are on alert on ..... one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose .....