Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: kolkata Page 1 of about 4 results (0.036 seconds)

Anita Katyal Vs. State of West Bengal and ors.

Court : Kolkata

..... the petitioner herein 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. ..... by some 2 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 so dear to bollywood ..... no law nor any 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. ..... it appears that 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. ..... the court : this is a disingenuous attempt by persons who obtained money from the bank and think it is their fundamental right not to repay. .....

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

Court : Kolkata

..... kalyani saha filed an application under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under sections 18, 19, 20 and 22 of the said act along with an application under section 23 of the said act for interim reliefs. ..... 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. ..... definition of domestic violence-. ..... from the definition of the domestic violence, as contemplated in section 3 of the act, particularly under the category of economic abuse, it appears that where the learned magistrate is satisfied that the widow has acquired legitimate right of inheritance to movable property from her deceased husband to be deprived of or threatened to be dispossessed from such existing possession and where the learned magistrate is satisfied that such wretched widow having no independent income of her own is deprived of her legitimate share in the joint family business there is no illegality .....

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 ..... c/09/10 under section 12 and 23 of the protection of women from domestic violence act, 2005. 2. ..... admittedly, the protection of women from domestic violence act, 2005 came into force on 26.10.2006 vide s.o ..... in view of my above discussion, i have no hesitation to hold that continued deprivation of economic or financial resources and continued prohibition or denial of access to shared household to the aggrieved person is a domestic violence and the protection under the domestic violence act will be available to the petitioner, who was driven out from her husbands shared household prior to coming into effect of the domestic violence act, as the deprivation continued even after the act came into force. 12. ..... denial of access to shared household to the petitioner took place prior to coming into force of the domestic violence act, but such denial continued even thereafter. ..... 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 ..... as the act complained of by the petitioner is a continuing breach of legal right as envisaged in the domestic violence act, there is no question putting a halt to the relief sought .....

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 ..... i find sufficient materials 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 ..... 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 .....

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

Court : Kolkata

..... 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. ..... 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. ..... 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 ..... 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. ..... 2000/- as a share of profit from the business of the petitioners.2. .....

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

Court : Kolkata

..... on 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. ..... upon consideration of the materials placed before her along with the report of the protection officer, the learned chief judicial magistrate directed the petitioners to provide residential accommodation to the wife and her daughter in their shared house. ..... the learned chief judicial magistrate directed the protection officer to submit a report on the basis of the allegation made by the wife and the protection officer held an enquiry and thereafter he submitted a report. ..... as regards other claims, those are to be decided separately and one litigation is pending as i find from the materials available.5. ..... 15,000/- per month from her properties. .....

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

Court : Kolkata

Reported in : (2008)2CALLT269(HC)

..... drew the attention of 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. ..... 2001) against the petitioner praying for a declaration that the plaintiff/opposite party is a premises tenant in respect of the suit property under the defendant/petitioner, permanent injunction restraining the petitioner from dispossessing the opposite party from the suit property and/or creating any hindrance, obstruction in the peaceful possession of the opposite party and for mandatory injunction directing the petitioner to restore water and electric supply line in the ..... 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 maintenance of the ..... in view of the discussions made above, this court is of the view that the learned lower appellate court acted illegally and with material irregularity in dismissing the appeal and thereby affirming the order of the learned trial court which directed the petitioner to restore the supply of electricity to the ..... learned counsel's submission was that in view of section 44 of the west bengal premises tenancy act, 1997 the jurisdiction of the civil court is barred .....

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 under ..... under section 23 of the protection of women from domestic violence act. ..... kumar 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. ..... appearing for the petitioners has submitted that the complaint lodged by the wife is not maintainable and the provision of the said act of 2005 will not be applicable against the petitioners herein. ..... , 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. ..... she moved an application under section 23 of the said 2005 act for interim relief and that prayer was granted by the ..... is at liberty to take steps under section 23 of the 2005 act, if the situation demands. ..... , 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. .....

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

Court : Kolkata

Reported in : AIR2009Cal221

..... filed proceedings 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 her possession ..... annexure-'a' to the plaint to the plaintiff;d) a perpetual; order of injunction be passed against the defendants and/or each of them by themselves or by their officers or agents or employees or servants or assigns or otherwise howsoever from entering upon or remaining or occupying and part or portion of the said flat, more fully and particularly described in the annexure-'a' to the plaint, in any manner whatsoever;e) a perpetual order of injunction be passed against the ..... the prayer of injunction do not 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 ..... . it 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 ..... mind 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 ..... . section 94 has a role to play; section 94 , however, does not take away the .....

Rani Bala Seth Vs. East Indian Rly.

Court : Kolkata

Reported in : AIR1951Cal501,55CWN522

..... & 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. ..... 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. ..... 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. ..... 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 ..... we have to ask ourselves, why was seth on this particular morning exposed to dangers from passing trains was he exposed to that danger merely as a member of the public, or was he exposed to those dangers because he was still within the sphere of his employment & had not ..... of suicide or violence. .....