Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: gujarat Page 1 of about 8 results (0.064 seconds)

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

Court : Gujarat

..... in the 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). ..... it can be easily appreciated that said power assumes significance when looked from angle of wife or any other woman approaching the magistrate seeking protection against the domestic violence by husband, his family members or other relatives. ..... it is therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society:-..."13. ..... protection order learned magistrate directed the husband and family members not to commit any act of domestic violence against the wife.4. ..... , of great significance and importance that magistrates while dealing with the application of an aggrieved person seeking custody of her child deal with the situation promptly and bearing in mind the objects and purpose of the act and also bearing in mind that mother when separated from child is likely to agree to any terms and conditions, not to resist domestic violence from husband or other family members.16. .....

Shardaben Bhimjibhai Kalani and ors. Vs. Kuntal Kalpeshkumar Kalani.

Court : Gujarat

..... it is submitted that earlier criminal complaint no.936 of 2009 filed under protection of women against domestic violence act, 2005 against the husband and father-in-law and mother-in-law came to be withdrawn as per the order dated 03.05.2010.3. ..... so far as offence registered under section 498a, 504, 506(2), 497, 114, 323 of the ipc and sections 3, 7 and 10 of the dowry prohibition act. .....

Gujarat State Fertilizers and Chemicals Ltd. Vs. Surendra T. Amin

Court : Gujarat

Reported in : (2004)3GLR2040; (2005)ILLJ400Guj

..... which leaves no trail of indiscipline, (2) misconduct resulting in damage to the employer's property which might be compensated by forfeiture of gratuity or part thereof, and (3) serious misconduct such as acts of violence against the management or other employees or riotous or disorderly behaviour in or near the place of employment, which, though not directly causing damage, is conducive to grave indiscipline. ..... only then it would not be open to the courts to adopt any other hypothetical construction on the ground that such hypothetical construction is more consistent with the alleged object and policy of the act.the words used in the material provisions of the statute must be interpreted in their plain grammatical meaning and it is only when such words are capable of two constructions that the question ..... suspension order and charge-sheet and under rule 44 of the company's service rules discharged the respondent from the service 'vide order dated 9th april, 1997 by making payment of three months' salary in ..... the treaty or international protocol or convention does not become effective or operative of its own force as in some of the continental countries unless domestic legislation has been introduced to attain a specified result. ..... .3.2.1 the contention regarding forfeiture is raised for the first time before the authority which is not permissible in view of the fact that exception is carved out in section 4 to protect the damage caused to the employer. ..... by the domestic tribunal and .....

Guajrat Ambuja Cement Pvt. Ltd. Vs. U.B. Gadhe

Court : Gujarat

Reported in : (2006)1GLR269

..... the purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and ..... niranjan singh reported in : (1969)iillj743sc in support of the contention that court or tribunal should not interfere with the finding arrived at by the employer in a domestic inquiry which finding is supported by the evidence and one which could have been reached by a reasonable man.6. ..... it was further observed that there may be reasons for distinguishing the case of those who may have acted as mere dumb driven cattle from those who have taken an active part in fomenting the trouble and instigating the workmen to join such a strike, or have taken recourse to violence. 5. ..... 9106/2005, 9107/2005, 9108/2005, 19241/2005 and 19242/2005 are rejected. ..... 7584/2005, 7585/2005, 7586/2005, 7587/2005 and 7588/2005 are allowed. ..... shafiq khan reported in 2005 air scw 4752 to point out that the case of those employees who have gone on strike but later on apologise for the same were treated differently by the hon'ble supreme court from the case of those employees who tried to justify their participation in the strike.9. .....

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)2GLR1142

..... respective head quarters.10.14 the learned counsel further submitted that coming to the aspect of 'termination' the service of the concerned person is put an end to, and there is neither any protection provided to such person nor his name continued on the rolls after the termination.10.15 in support of the aforesaid proposition, the learned counsel has relied upon the following authorities:(1) in the ..... this right to live with human dignity enshrined in article 21 derives its life breath from the directive principles of state policy and particularly clauses (e) and (f) of articles 39 and articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to ..... violation of articles 14 and 16 of the constitution of india.7.2 it is the case of the petitioners that though the petitioners are appointed under the provisions of bombay home guards act, 1947 and the bombay home guards rules, 1953, really they are governed by the government of india scheme dated 29.6.1979 for all border states in india namely; gujarat, ..... denied it.9.5j even their own letters show that because of the petitioners' long embodiment, the petitioners were not able to discharge their domestic duties and, therefore, the letters pointed out that at least the petitioners should be allowed to go home for doing their domestic duties. ..... affidavit dated 17.1.2005 and produced .....

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

Court : Gujarat

Reported in : (2006)2GLR1580

..... notwithstanding anything inconsistent therewith 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. ..... [para 19]ii-a period 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 and agricultural consumers). ..... where to apply words literally would defeat 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. ..... air 1997 sc 2504 para 26 in relation to valid delegation of legislative power).14.5 applying the aforesaid principles, we are unable to uphold the challenge because we find that the central government order dated 8th june 2005 does not change, disfigure or do violence to the basic structure and primary features of the electricity act, 2003. .....

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

Court : Gujarat

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

..... 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. ..... : (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 ..... 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)

..... before 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 ..... by the applicant generally as its articles of association, subject to the provisions of sections 78 and 100 of the act, the petitioner-company is authorised to use its share premium account for the said purpose.2.16 accordingly, the board of directors of the petitioner-core resolved in their meeting held on 25th october, 2005 that subject to the approvals of the shareholders and lenders and subject to directions and sanctions of the appropriate courts, ..... . 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 .....

B.M. Rao Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)1GLR481

..... against the on-going departmental proceedings, the respondents are directed to consider the case of the petitioner for promotion to the post of secretary from the date his junior is given promotion, irrespective of the pendency of such inquiries and to take a decision on or before 31st january, 2005, on `ad-hoc' basis, in accordance with the prevalent rules and in the event of his fitness and such appointment being made, the ..... ordinarily, as per the settled propositions of law in the realm of service jurisprudence, the right of the employee to take disciplinary action by following the principles of natural justice in a domestic tribunal or in-house process, if prima-facie case, which is not within the prohibited parameters, like being stale or delayed, should not be intercepted by exercise of judicial review, for the ..... master to take action for the maintenance of discipline in the employment has to be, also, considered and protected, but at the same time, in exercise of such powers, administrative or in its departmental inquiries, the disciplinary authority cannot afford to be biased or unfair, unreasonable or act in any manner, leading straightway to the presumption of victimisation and colourable exercise of power. ..... from one reputed and accredited (women organisation ..... as an `approved women organisation', wherefrom the purchases could be made, without undergoing the exercise of inviting tenders, together with the fact that there was a letter addressed to almost all the departments .....