Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Court: kolkata Page 1 of about 9 results (0.074 seconds)

Manish Kumar Bhattacharyya and Others Vs. Sanhita Bhattacharyya and An ...

Court : Kolkata

..... the complainant/opposite party herein instituted a proceeding under section 12 of the protection of women from domestic violence act, 2005 before the learned judicial magistrate, 5th court, serampore claiming relief of right of residence along with her husband and child at her matrimonial home, that is, at 95/a patuapara lane ..... das, appearing on behalf of the opposite party has contended that the impugned order has been passed under section 23 of the 2005 act and this is purely interim in nature. ..... from the provisions of section 29 of the said act, it is clear that an appeal lies against an order passed under section 23 of the said act. ..... act itself does not provide for revision before this honble court, but section 29 of the said 2005 act lays down a provision for appeal against orders passed under the provisions of the said act ..... the opposite parties/petitioners herein have filed this application for quashing the said proceeding as well as setting aside the order under section 23 of the 2005 act. ..... an application under section 23 of the said 2005 act for interim relief and that prayer was granted by the impugned order. ..... no.673 of 2010 thereby granting an interim order of right of residence of the petitioner/opposite party therein in the dwelling house situated at 95/a patuapara lane ..... -there shall lie an appeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent, as the case may be, whichever .....

Anita Katyal Vs. State of West Bengal and ors.

Court : Kolkata

..... takes refuge under the protection of women from domestic violence act, 2005 in a mischievous attempt to stall the respondent bank from exercising its rights under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. ..... convoluted logic, which should not be given any degree of respectability by being noticed in detail, the petitioner refers to the definition section of the 2005 act and to sections 17, 19 and 27 thereof to suggest that the petitioner s rights in respect of a property whereat the petitioner is entitled to reside, cannot be trodden over by the borrowers of the respondent bank. ..... in cours.of the petitioner citing the said act of 2005 to save the property that has already been taken possession of by the respondent bank, the petitioner does not leave out the emotional quotient that is ..... at least one partner of the principal borrower firm had instituted proceedings in this court which culminated in the bank being permitted to take steps in accordance with the orders passed by the magistrate under section 14 of the said act of 2002. ..... fact of any relevance has been cited in this petition for the court to depart from the procedure recognised by the said act of 2002 or interdict the steps taken by the bank. ..... has taken possession of the secured asset pursuant to orders obtained and by procedure established by law. ..... 3 certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance .....

Ashish Bhowmik and anr. Vs. Tapasi Bhowmik and anr.

Court : Kolkata

..... the other hand, the wife has no independent source of income and so she has prayed for protection in accordance with the provisions of the sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005. ..... under article 227 of the constitution of india is at the instance of the husband's brother and his mother against the wife and is directed against the order dated december 4, 2008 passed by the learned additional sessions judge, first court, barasat, district - north 24 parganas in criminal appeal no. ..... but, on careful scrutiny of the orders passed by two lower courts, i find that both the courts have held concurrently that the wife was compelled to reside at her father's house along with her minor ..... 2,000/- per month in favour of the wife in order to enable her to secure the same level of alternate ..... that immediately after the death of her husband, the wife was compelled to reside at her father's house. ..... 2,000/- per month in favour of the appellant in order to enable her to secure the same level of alternate ..... urgent xerox certified copy of this order, if applied for, be supplied to the learned advocates for the parties on their ..... , the wife has preferred an appeal which was disposed of by the learned additional sessions judge, first court, barasat by the impugned order directing the petitioners to pay a sum of rs. ..... 13 of 2008 arising out of the order dated august 26, 2008 passed by the learned chief judicial magistrate, barasat, district - north 24 parganas .....

Amalendu Bikash Saha and ors. Vs Smt. Kalyani Saha and ors

Court : Kolkata

..... from the rival contention of all the parties it appears that the following points need be considered: a) whether deceased brothers wife can claim any relief or maintenance as well as share in the joint inherited property from the surviving brothers-inlaw under section 12 of the protection of women from domestic violence act, 2005 to be read with sections 3(iv), 18, 19 and 20 of the said act; and b) whether the learned first revisional court is justified in passing the impugned order or not. 6. ..... i find from the impugned order that the learned chief judicial magistrate by his order dated 12.04.2010 granted reliefs in respect of a) protection of the residents and b) monetary reliefs to the petitioner which has been affirmed by the first revisional court. 12. ..... there is no denial of the fact that after marriage she had domestic relation with her brothers-in-law residing in the same ancestral house and such domestic relationship has been defined in section 2(f) of the act on account of marriage. ..... 70 of 2010 is pending and as such the learned magistrate has no power to protect the right of residence demarcating any portion of the disputed premises which amounts to usurpation of the power of civil court. ..... in fact, the learned trial court has extended the entire relief for protection of residence and monetary relief required for sustenance of the widow, regard being had to the apprehension of persisting deprivation prevailing in the mind of the aggrieved person. .....

Nityananda Das at Chantu Das Vs. State of West Bengal and anr.

Court : Kolkata

..... c/9/10 under section 12 and 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act), alleging that she was married with the o.p. ..... it is the further contention of the learned counsel for the petitioner that the learned magistrate has no jurisdiction to pass an order restraining the respondents from alienating his share in the property, in as much as, it is the personal property of the petitioner herein and he has the legal right to alienate such property. 8. ..... it appears that the learned magistrate after the receipt of the petition has passed the interim order after hearing both sides and upon perusal of the report of the protection officer and the petition filed by the petitioner/ aggrieved party. ..... that the learned magistrate has jurisdiction to pass an order ex-parte under section 23 of the act restraining the op/husband from alienating the property. ..... the learned magistrate vide order dated 11.01.10 passed an order prohibiting the respondent from committing any act of domestic violence upon the petitioner and from alienating any assets of the petitioner including the articles which were given to her at the time of marriage. ..... this is an application under section 401 read with section 482 of the code of criminal procedure against the judgment and order dated 10.12.2010 passed by the learned additional sessions judge, fast track, 8 th court, bichar bhawan, calcutta in criminal appeal no. .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... court dealing with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... appearing on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had no ..... in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed by the aggrieved wife. .....

Dipak Majumdar and anr. Vs. Smt. Rani Bala Dutta and anr.

Court : Kolkata

..... 1 herein moved an application under section 12 of the protection of women's from domestic violence act against the petitioners seeking the following reliefs;(a) right to residence. ..... against such order she filed an appeal under section 29 of protection of women's from domestic violence act before the learned district & sessions judge, howrah. ..... accordingly, the order impugned is set aside and the application stands allowed.the learned judge is directed to dispose of the application for condonation of delay within two weeks from the date of communication of this order and after giving reasonable opportunity of hearing to the parties in accordance with law.this criminal revision, thus, stands disposed of.in view of the disposal of main criminal revisional application, an application for extension of interim order being cran no. ..... 259 of 2010 has become infructuous and accordingly stands disposed of.criminal section is directed to deliver urgent photostat certified copy of this judgment to the parties, if applied for, as early as possible. ..... having heard the learned counsel appearing on behalf of the parties and considering their respective submissions, i find that the order impugned cannot be sustained. ..... the learned trial court only allowed her prayer as regards to the right of residence. ..... 2000/- as a share of profit from the business of the petitioners.2. .....

Smt. Mira Das Vs. Ms. Dipali Dey (Baxi)

Court : Kolkata

Reported in : (2008)2CALLT269(HC)

..... this court to paragraph 29 of the said reports while submitting that the opposite party is entitled to take shelter under the provisions of the protection of women from domestic violence act, 2005. ..... in paragraph 29 of the said reports the hon'ble supreme court was pleased to observe that the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which ..... further submitted that the opposite party cannot raise the plea as raised by her learned counsel with regard to her alleged right of residence in the tenancy in respect of which her ex-husband was once upon a time a tenant. ..... said learned counsel submitted that the opposite party is entitled to a right of residence in the suit property even if the opposite party's husband had been a tenant ..... it further appears from a perusal of the facts, as contained in the said reported case, that the matrimonial court concerned, in the said reported case, while dissolving the marriage under section 13(b) of the hindu marriage act, 1955 ordered the husband of the appellant to pay a certain sum of money per month for the ..... a deserted wife continuing in occupation of the premises obtained on lease by her husband, and which was their matrimonial home, occupies a position akin to that of an heir of the tenant-husband if the right to residence of such wife has not come to an end.' in b.p. .....

Poonam Kejriwal Vs. Bhagwandas Auto Finance Ltd. and ors.

Court : Kolkata

Reported in : AIR2009Cal221

..... under the protection of the women from domestic violence act, 2005 and has obtained an order against her husband and other members of his family from disturbing ..... ] his creditors,2(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging alienation, sale, removal or disposition of the property 3 (or dispossession of the plaintiff, or otherwise causing injury to the ..... that the plaintiff has preferred this first miscellaneous appeal against an order of rejection of her application under order 39, rules 1 and 2 of the code of civil procedure by taking aid of section 104 read with order 43, rule 1(r) of the code.14 ..... come within the purview of order 39 and the relief is prayed in exercise of power under section 151 of the code, refusal of such relief by a court, however, will not make the order appealable under order 43 of the code ..... has been held that the effect of the expression if so prescribed in section 94 of the code is to prescribe the circumstances in which court can exercise its power or grant a particular relief and ordinarily, the court is not to use its inherent power to make the necessary orders in the interest of justice but its duty is to see whether ..... . section 94 has a role to play; section 94 , however, does not .....

Rani Bala Seth Vs. East Indian Rly.

Court : Kolkata

Reported in : AIR1951Cal501,55CWN522

..... to all wayfarers, & had entered the private premises of the harbour in which his ship lay, with its special risks to which only those who had business at the harbour were exposed, came within the protection of the workmen's compensation act, 1925, for if he sustained an accident while using that access he sustained it by reason of risks incidental to his employment which he would not have encountered but for his employment.13. ..... & has entered the private premises of the harbour in which his ship lies with its special risks, to which only those who have business at the harbour are exposed, seems to me to have come within the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment, which he would not have encountered but for his employment.'15. ..... found that it was the practice for seamen who signed on at a home port to sleep at home & to go to & from the ship while it was being got ready for sea, that practice being recognised by ship-owners. ..... on this particular morning seth had to cross this platform because of his employment & he had to cross the platform in order to get away from the scene of his employment. ..... take the analogy of a domestic servant, which is peculiarly in point, for a domestic servant, like a seaman, 'lives in', & the scene of a domestic servant's employment is the master's house just as the ship is the scene of the seaman's employment ..... there was no question of suicide or violence. .....