Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: gujarat Page 1 of about 3 results (0.066 seconds)

Dhaval Rajendrabhai Soni. Vs. Bhavini Dhavalbhai Soni and ors.

Court : Gujarat

..... present proceedings, husband has challenged an order dated 13.3.2009 passed by learned jmfc, bhuj in criminal application no.481/2008 filed by wife under the protection of women from domestic violence act("the act" for short). ..... from this angle, the power of the magistrate under section 21 of the act, becomes crucial which empowers learned magistrate notwithstanding anything contained in any other law for the time being in force, to grant temporary custody of the child to the aggrieved person at any stage of hearing of the application for protection order or for any other reliefs under the act ..... , i may notice that section 12 of the said act pertains to application to the magistrate that the aggrieved person or the protection officer may file seeking various reliefs under the act. ..... on one hand, as already noted, counsel for the petitioner suggested that since section 21 of the act empowers learned magistrate to pass only temporary custody orders, such order can have the effect only during the pendency of the proceedings before the magistrate and ..... such powers of magistrate read with section 23 of the act would include power to pass interim as well as ..... this is important since by virtue of section 23 of the act in any case, learned magistrate has power to pass interim order which he otherwise ..... since application of wife under section 12 of the act was being disposed of, no such order of interim custody of the child could have been passed.7.1 he further contended that child is residing .....

Dharmendra Dhirajlal Soneji Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR198

..... further observed that 'in india, women are guaranteed equality, freedom, opportunity and protection by the constitution and several legislations, nonetheless continue to be victims of domestic violence, family violence, violence in the community and at work ..... , and further still, relentlessly followed with a determined action of going to the logical end against the crime generators to wipe out provocative crime and the sex scenes from the films and television, taking tough stand against irresponsible film producers, germ career channel owners, and even the passive censor board there is indeed no other way to ..... special acts by the parliament such as (i) the indecent representation of women (prohibition) act, 1986, (ii) the commission of sati (prevention) act, 1987, (iii) andhra pradesh devdashis (prohibition & dedication) act, 1988, (iv) the medical termination of pregnancy act, 1971, (v) the maternity benefits act, 1988, (vi) the national commission for women act, 1990, (vii) dowry prohibition act, 1961, (viii) adding section ..... women' means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals.the above definition/meaning of the indecent representation of women ex facie would make it clear that many films and advertisements clearly come within the sweep of the offence under the act .....

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Reported in : (2001)1GLR603

..... nor, without the leave of the court, to cross-examine any witness upon any answer given in reply to any such question : provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved : provided also that, this section shall not authorize any judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sees ..... the universal declaration of human rights and the constitutional provisions enshrined in chapters iii and iv and the provisions of legal services authorities act, 1987 and the provisions of section 304 of the code of criminal procedure manifest the human rights deriving from the dignity and worth in the human beings ..... . (xix) the legal aid which aims at providing free and competent legal aid, which is protective as well as preventive aspect, assumes higher degree of importance, when we have astronomical arrears in our courts, ..... . legal aid fraternity must respond with juristic sensitivity to the voice from the silence zone(a class of litigants) and mass voice of weak, meek, poor, suppressed and exploited women and destitute children so as to create evolving ebullient echo for the ..... . (xxxvii)the custodial violence, investigating abuses and social exploitation pose the greatest challenges to the human rights ..... our country, amount spent or expenditure for administration of law and justice is reportedly 0.2 percent of the gross domestic product (g.d.p .....

Deepak Nitrite Ltd. Vs. N.H. Rana

Court : Gujarat

Reported in : [2002(93)FLR431]

..... he was given full opportunity to defend himself and after holding legal and proper enquiry and in view of the proved charges, the respondent and seven others were dismissed from service by an order dated 4.6.1981.2.7 the learned counsel for the petitioner submitted that except the charge sheeted employees, the other workmen resumed work on 11.1.1981 on furnishing good conduct bond. ..... it includes an employer or workman who has the advantage of the protection under section 37 of the act. ..... case the interference with the punishment by the labour court was unwarranted and in excess of jurisdiction and abuse of power since the punishment of dismissal of shri rana was not in any way disproportionate in view of the definite findings of the labour court regarding serious misconduct. ..... in the circumstances, the labour court erred in holding that there was no violence.2.24 the learned counsel for the petitioner submitted that substitution of punishment by the court treating that incident in isolation is not warranted. ..... the labour court failed to appreciate that in domestic enquiry standard of proof is not strict. ..... finding of criminal court has to be ignored as the nature, purpose, perspective and the scope of domestic enquiry is altogether different. .....

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Reported in : (2006)2GLR1580

..... contained in any other law for the time being in force or if any instrument having effect by virtue of any law other than this act.section 173 refers to the consumer protection act, 1986, the atomic energy act, 1962 and railways act, 1989.20.3 in view of the provisions of sections 45, 50 and 62 of the act, till 7th june 2005 there was no express power conferred on the state commission to permit the licensee to recover charges in theft cases. ..... since section 135 makes tampering a meter an offence and explanation (b) to section 126, includes use of a tampered meter in the definition of unauthorised use of electricity so as to attract best judgment assessment under section 126, the legislative intent is defining unauthorized use of electricity widely for the purpose of fastening civil liability under section 126 of the act and to ensure that the very same act is also made an offence punishable under section 135 of the act, by giving a broad-based definition of ..... from 10th december 2004 to 31st march 2005 :in cases of theft detected between 10th december 2004 and 30th march 2005, assessment of charges by the licensee shall not exceed one-and-half times the applicable tariff and the period of such bill shall not exceed six months (in case of industries) and three months (in case of domestic ..... the obvious intention of the legislation and produce a wholly unreasonable result we must do some violence to the words and so achieve that obvious intention and produce a rational construction. .....

Guj. State Road Transport Corporation Vs. D.V. Chauhan

Court : Gujarat

Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj

..... : (1973)iillj241sc :the courts below by condoning an act of physical violence have undermined the discipline in the organisation, hence, in the above factual backdrop, it can never be said that the industrial tribunal could have exercised its authority under section 11a of the act to interfere with the punishment of dismissal.thereafter, in paragraph ..... we have repeatedly pointed out that though industrial adjudication can and must protect industrial employees from victimisation, a finding as to mala fides or victimisation should be drawn only where evidence has been led to justify it; such a finding should not be made either in a ..... proceeding, the tribunal is satisfied that the order of discharge or dismissal was not justified clearly indicate that the tribunal is now clothed with the power to reappraise the evidence in the domestic enquiry and satisfy itself whether the said evidence relied on by an employer establishes the misconduct alleged against a workman. ..... union : (2005)illj1135sc this court after referring to and quoting the relevant passages from krishnakali tea ..... gujarat state road transport corporation 2005 iii llj 191, babulal ..... appellant placing his reliance upon a division bench judgement dated 29.03.2005 of this court in letters patent appeal no. ..... uttam manohar nakate : (2005)illj738sc this court again reiterated that the jurisdiction to interfere with the punishment should be exercised only when the punishment is shockingly disproportionate and that each case had to .....

Core Healthcare Limited Vs. Nirma Limited

Court : Gujarat

Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)

..... the court in england cannot come in the way of considering the scheme by this court as it is the body of the creditors which has floated and supported the scheme with a view to protect its own interest coupled with the intention that the company be put on sound financial footing, so that all creditors can have their dues, though with some sacrifice on their part keeping in view ..... on all the secured creditors:provided that in the case of a company in liquidation, the amount realized from the sale of secured assets shall be distributed in accordance with the provisions of section 529a of the companies act,1956 [1 of 1956]:provided further that in the case of a company being wound up on or after the commencement of this act, the secured creditor of such company, who opts to realize his security instead of relinquishing his security and ..... the nature of the proposals embodied in the scheme apply equally to all the secured creditors, domestic currency lenders as well as foreign currency lenders and the same terms were offered to the entire body ..... the scheme as proposed and approved by the equity shareholders of nirma at the meeting convened on 29th november, 2005 for the approval of the scheme, were also put before the class 'a' lenders of core and the same ..... whole scheme of arrangement like this, which has definitely an element of demerger and reduction of shares which are a permissible mode of various schemes under the provisions of sections 391 to 394 merely on technical grounds. .....