Court : Chennai
..... . 29.really speaking, section 19 of the protection of women from domestic violence act, 2005 speaks of 'residence orders.is to be read along with section 12 'application to magistrate' of the act ..... dispositions: 24.at the outset, it is to be pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to ..... them which are now kept by the respondent; iii) prohibiting the respondent from alienating the assets/ properties stand in his name; iv) prohibiting .....
Tag this Judgment!Court : Delhi
..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. .....
Tag this Judgment!Court : Delhi
..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168
..... ' means the profits of the business as computed under the head 'profits and gains of business or profession' as reduced by-(1) ninety per cent of any sum referred to in clauses (iiia), (iiib) and (iiic) of section 28 or of any receipts by way of brokerage, commission, interest, rent, charges or any other receipt of a similar nature included in such profits ; and(2) the profits of any branch, office, warehouse or any other establishment ..... (1) where an assessee, being an indian company or a person (other than a company) resident in india, is engaged in the business of export out of india of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the [profits] derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder ..... . 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 ..... by the finance act, 1992, one more amendment was made by which the legislature declared that commission received on assignment of export orders, brokerage, interest, rent and items mentioned in section 28(iiia), (iiib) and (iiic), should not be treated in toto as profits of the business relatable to exports and only 10% thereof should be considered as the profit of the business and ..... of 2005, ..... 2005 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092
..... of the domestic violence act this court ..... :(3) a hindu wife shall not be entitled to separate residence and aintenance from her husband if she is unchaste or ceases to be a hindu by conversion to another religion.section 19 - maintenance of widowed daughter-in-law (1) a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained after the death of her husband by her father- in-law:provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, ..... appearing on behalf of the 1st respondent (auction purchaser) would submit:i) the tenant has a right to reside in the property irrespective of the order of attachment and the same could not have been interfered with by mamlatdar under the orders of the learned metropolitan magistrate of the district magistrate. ..... that on their failure to remain present within a period of 30 days their properties were subjected to order of attachment under section 85 of the code of criminal procedure. ..... manifest illegality in directing cancellation of bail in so far as it failed to take into consideration that the factors relevant for setting aside an order granting bail and directing cancellation of bail are wholly distinct and different. ..... the said order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high ..... high court by an order dated 5th april, 2005 directed:8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ107
..... the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.5. ..... in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. ..... section 19 empowers the magistrate to pass a residence order ..... he submitted that the direction issued by the learned trial judge by order dated 4th january, 2008 by which the first respondent was permitted to reside in the shared house is in the nature of the final order which could not have been passed without giving an opportunity to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009CriLJ3095
..... /2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner ..... it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place pass a protection order in favour of the aggrieved person and prohibit the respondent from...'. ..... may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a)to(g)....section 28. ..... and has- (1) restrained the petitioners not to create any domestic violence with the respondent, (2) directed the petitioners to permit the respondent to share her residence in family house or in alternate, petitioner no. ..... chapter viii, which deals with security for keeping the peace and for good behaviour, (2) chapter ix, which deals with order for maintenance of wives, children and parents, (3) chapter x, which deals with maintenance of public order and tranquility, and (4) chapter xviii to chapter xxix, which provide different procedures for trial of different offences. .....
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT385
..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as ..... for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... has also sought residence order under section 19 of the act. ..... of appeal is filed by gaurav mann includes grounds questioning the residence order. ..... submissions have been considered as regards the amount of interim maintenance to be paid, the order dated 7th november 2007 passed by the learned mm did take note of the fact that under section 24 hma the court had awarded sonia mann a sum of rs. ..... by gaurav mann in his reply dated 25th may 2007 filed before the learned mm that 'sonia mann had every right of the residence in the matrimonial home and the answering respondent fully honour this right of her. ..... 000/- per month to be paid under section 24 hma by gaurav mann to sonia mann, was the correct order to be passed in these facts and ..... for a direction to allow her to enter the portion of the shared household where she resides and restrainment against the respondents from dispossessing her from the shared household. ..... in the circumstances the directions passed by the learned asj by the impugned order dated 12th march 2008 modifying the order of the learned mm to the extent that it was directed that the ..... it was submitted that an order under section 24 hma could not be disturbed in an appeal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT133
..... facts in nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... learned counsel for the respondent vehemently opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove ..... himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the .....
Tag this Judgment!Court : Delhi
Reported in : (2010)158PLR1
..... the legislature has from time to time been making efforts to impart justice and fair play to the women by means of various statutory enactments and protection of women from domestic violence act, 2005, is a landmark initiative taken by the parliament to confer certain important benefits including right of residence on a woman and to penalize those, who fail to provide those benefits to the women despite judicial mandate in the form of order passed by a court under the provisions of the act. ..... kantabai' ii (2009) dmc 787, it has been recorded in para 4 of the judgment that the petitioners were prosecuted by the respondent for an offence punishable under section 23 of the protection of women from domestic violence act, 2005. ..... 252, as judgment relied upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary ..... on 29.11.2006, the petitioner filed a petition before the magistrate under section 12 of protection of women from domestic violence act 2005 (hereinafter referred to as 'the act') seeking various reliefs. .....
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