Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: mumbai Page 11 of about 122 results (0.152 seconds)

Zaveed Pharukhi and ors.

Court : Mumbai

Reported in : 2005(4)ALLMR106; 2005(4)BomCR244; 2005(2)MhLj1061

..... mutual understanding between the father and the mother, the latter is put exclusively in charge of the minor, or if the father is physically unable to take care of the minor either because of his staying away from the place where the mother and the minor are living or because of his physical or mental incapacity, in all such like situations, the father can be considered to be absent and the mother being a recognized ..... care and custody of the mother or the father for any other reason is unable to take care of the minor because of his physical and/or mental incapacity, the mother can act as natural guardian of the minor and all her actions would be valid even during the lifetime of the father, who would be deemed to be absent for the purposes of section 6(a) of the hmg ..... outcome of a harmonious construction of section 4 and section 6 of the hmg act, without causing any violence to the language of section 6(a) (supra).15. ..... the children sought to be taken in adoption are destitute or abandoned and are living in social or child welfare centres that it is necessary to consider what normative and procedural safeguards should be forged for protecting their interest and promoting their welfare.' 14. ..... aasia was working as a domestic servant at the said subhash ..... buildings of the aggregate value of 24,00,000 canadian dollar.l) a bank statement of bank one, los angeles indicating a combined balance us $ 313, 976 in their accounts.m) letter dated 14th february, 2005 from one dr. ..... a domestic worker .....

Uco Bank, Churchgate Branch Through Mr. K. Venkatachalam Vs. Kanji Man ...

Court : Mumbai

Reported in : 2008(2)ALLMR512; 2008(3)BomCR290; (2008)110BOMLR744; 2008(4)MhLj424

..... court held that the borrower's right to approach the drt as provided under section 17 matures on any measures having been taken under sub-section 4 of section 13 of the npa act and on measures having been taken under subsection 4 of section 13 and before the date of sale/auction of the property, it would be open for the borrower to file an ..... the nature and character of the authority, whether it is court or not, but also on the nature of powers conferred on such authority or court, the scheme underlying the provisions of the act concerned, and the nature of powers, the extent thereof or the limitation, if any, contained therein, with particular reference to the intention of the legislature as well found expressed therein. ..... the respondent then filed an application under section 17 of the npa act, inter alia, praying that notice dated 7/4/2005 and notice dated 11/6/2005 be quashed and set aside; that the petitioner be restrained from selling, disposing of, alienating, transferring and creating any third party rights in the secured assets and that the respondents be permitted to bring the prospective purchasers in respect of ..... while dealing with the grievance that the npa act is a draconian legislation and that it affords no protection to the borrower, the supreme court made the ..... if the special act and the limitation act can be read harmoniously without doing violence to the words used ..... 5 of the arbitration act which states that in matters of domestic arbitrations, no judicial authority .....

Hindoostan Spg. and Wvg. Mills Ltd. Vs. Hindustan Crown Mills Siddhivi ...

Court : Mumbai

Reported in : 2007(4)ALLMR376; 2007(4)BomCR568; (2008)ILLJ243Bom; 2007(5)MhLj801

..... of the labour commissioner which had also been upheld by the industrial tribunal and had proceeded to approve the rehabilitation scheme formulated by the operating agency;(iv) that the interest of workers had been fully protected in the sanctioned scheme;(v) that the necessity for closing the units at dadar and prabhadevi had been examined and justified on grounds of public interest by the labour commissioner and upheld by the industrial tribunal ..... municipal corporation were alleged to be against the interest of the textile industry in mumbai and municipal charges for water, a major input for textile production, were stated to be highest in the world;(d) unfair competition from the unorganized sector which has enjoyed concessions and also resorted to evasive practices;(e) high labour cost, low level of productivity and high input cost in mumbai mills;(f) constraints to modernization on account of resources;(g) over capacities ..... again, the case of the appellant-mill that their product suffered in the domestic as well as international markets was admitted by the union but the appellant-mill was sought to be held responsible for ..... -mill shall be liable to pay closure compensation in terms of section 25-o of the i.d.act to those workers who would not exercise their option to accept the offer of the appellant-mill.appeal no.441/2005 filed by the respondent- union is dismissed.in the circumstances, no order as to costs.all the concerned to act on an authenticated copy of this judgment. .....

indresh Shamsunder Advani and anr. Vs. Gopi Tarachand Advani (Smt.) an ...

Court : Mumbai

Reported in : 2005(1)BomCR918

..... of motion;(b) that pending the hearing and final disposal of the suit, the plaintiff and the respondents or any person or persons claiming through or under them, be restrained by an order and injunction of this hon'ble court from in any manner dealing with, disposing off, transferring, alienating, encumbering and/or creating any third party right, title or interest and/or making any additions, modifications, alterations and/or repairs to or in respect of the assets, properties, ..... it is then stated that due to the continuing domestic quarrels and fights, leading to violence and police complaints between deceased shamsunder and his wife respondent no ..... it is on that basis the defendant has prayed for interim protection by way of two notices of motion referred to above during the pendency of the proceedings in this court because the plaintiff has no right to proceed to change the character of the suit property taking advantage of alleged will, ..... is stated that the property was in ruinous and dilapidated condition and to restore the same, it was essential to carry out necessary repairs and take reasonable step to protect the said property. ..... , to contend that section 213 of the indian succession act, 1925 is no bar in preventing the apparent heir from claiming interim relief. ..... because it has come on record that it is only after the appointment of the court receiver that the further construction activity on the site was arrested and the status of the suit property has been protected.26. .....

Sanjiv Gajanan Punalekar and ors. Vs. Union of India and ors.

Court : Mumbai

..... of the preamble to the said declaration and articles 4(5) and 5(1) of the declaration read as under:- "considering that the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of states ..... matric scholarship for studies in a government or private school from class i to class x, is to be given to a student - i) who is from a minority community as notified under section 2(c) of the national commission for minorities act, 1992; ii) who has secured at least 50% marks in the previous final examination; and iii) whose parents/guardian are having annual income from all sources not exceeding rs.1 lakh 30% scholarships are ..... for their families by working in karkhanas (small workshops), as domestic help or by looking after their siblings while their mothers go ..... backward class of citizens or for the scheduled castes and scheduled tribes, and clause (3) of the same article permits the state to make any special provision for women and children, no such special provision can be made in favour of any particular religious community. ..... the high level committee headed by justice rajender sachar which was appointed by the government of india (prime minister's office) notification dated 9th march, 2005 to prepare a report on the social, economic and educational status of muslim community in india. ..... incident of communal violence parents pull out their girls from school fearing their .....

Mahindra and Mahindra Ltd. Through Its Deputy General Manager Vs. Shri ...

Court : Mumbai

Reported in : 2007(1)ALLMR800

..... ' further in paragraph 53, hon division bench observed 'this doctrine of restitution also supports the case of the workmen that pending hearing and disposal of their complaints invoking, inter alia, item 6 of schedule iv of the 1971 act, their complaints could not have been scuttled by their unceremonious removal from service and, therefore, the industrial court should have exercised jurisdiction to interfere with the orders of termination of their services. ..... 703 of 2003, has stated that learned member of industrial court inadvertently lost sight of the fact that employee is in service and therefore only, after noticing error, it protected his service and thereafter this court has protected him and hence, employee shri narad is in service. ..... having regard to the findings recorded by the labour court that the domestic enquiry was not properly and fairly held and an effective opportunity of hearing was not given to the appellant, the labour court was right in calling upon the management to lead fresh evidence. ..... the respondent employer is directed to give him confirmation from the date of institution of complaint with all consequential benefits.all other writ petitions filed by employer challenging the order dated 25.11.2005 delivered by the member, industrial court in ulp complaint nos. ..... 703 of 2003 filed by him stands allowed as per operative order dated 25.11.2005 passed by the member, industrial court, nagpur, in ulp complaint nos. .....

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

..... turnover of respondent no 5 for the year 2006 was not furnished it being the middle of the year for the respondent no 5, even then when one compares the concession turnover of the respondent no 5 for the year 2005 with the concession turnover of the other companies who submitted their details for the year 2006 even then the respondent no 5 stands at no 2, the itdc aldeasa consortium stands at no 3 and the petitioner no 1/ari at the ..... respondent, in respect of dealing with tenants in respect of which they have been treated separately and distinctly from other landlords on the assumption that they would not act as private landlords, must be judged by that standard.these observations were made in the context of the provisions of the bombay rents, hotel and lodging houses rates (control) act,1947 whereby exemption from the provisions of the act has been granted to premises belonging to the bombay port trust. ..... ct.18 (1883) 'embedded in our constitutional law' the principal' that the action inhibited by the first section (equal protection clause) of the fourteenth amendment is only such action as may fairly be said to be that of the states. ..... the petitioner and its joint venture partner together have vast domestic and international experience in airport retailing, strong relation and access to international as well as domestic brands and proven track record and providing quality services in duty-free retailing sector particularly in india. .....

Nrk House Vs. P.V. Tommy C/O. Akhil Bhartiya General Kamgar Union and ...

Court : Mumbai

Reported in : [2008(119)FLR540]; (2009)ILLJ582Bom; 2009(2)MhLj358

..... in the letter dated july 4, 2005, the petitioner informed the court that though the respondent made a statement that he agreed to report for duty with effect from february 18, 2005, he has not done so till the date of the ..... be observed that whether a workman voluntarily remained absent or was terminated is a question that can be answered only from the facts of each case, though the decisions cited on behalf of the respondent no. ..... is taken by the petitioner in the written statement filed on june 21, 2004 and in the letter dated july 4, 2005 which was written in the course of the proceedings after evidence was recorded. ..... in the circumstances, i am of view that the award of the labour court suffers from an error of law apparent on the face of the record and is liable to be interfered with on this ..... be reinstated with full back wages for 20 days in each month with effect from december 20, 2001 till the date of reinstatement and with continuity of service.2 ..... of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under article 226 of the constitution of india and after examining the legality, propriety and validity of the award dated july 30, 2005 passed by the learned 1st labour court at mumbai in reference (ida) no. ..... is for this reason that a domestic enquiry is required to be held ..... work is not true and since the services have been terminated in violation of section 25-f of the act, without notice and without any inquiry, the respondent no. .....

H.M. Saraiya ors. Vs. Ajanta India Ltd. and anr.

Court : Mumbai

Reported in : 2006(33)PTC4(Bom)

..... right is confined only to the sale of the same kind of cigarettes and of virginia bird's eye tobacco; for, in the absence of strong evidence to the contrary, such a mark would ordinarily extend to protect goods so similar in kind to the goods actually put upon the market by the trader in connection with the trade mark that it is an almost inevitable inference that such goods would be manufactured or marketed by the ..... relied upon the following observations:@subpara = 'but, at any ate on an application for interlocutory relief, it must, i think be incumbent upon the plaintiff to show that the circumstances are such that, unless he is protected by the court pending the trial of the action, there is reason to apprehend that he, the plaintiff, will suffer damage, which he ought not to be at risk about, or that there is some reason for ..... statutory remedy conferred on the registered proprietor of a registered trade mark for the vindication of 'the exclusive right to the use of the trade mark in relation to those goods' (vide section 21 of the act).the use by the defendant of the trade mark of the plaintiff is not essential in an action for passing off, but is the sine qua non in the case of an action for infringement. ..... lighting, hearing, steam generating, cooking, refrigerating, drying, ventilating, and other purposes, while class 21 refers to small domestic utensils and containers (not of precious metal nor coated therewith). ..... sales of tooth paste from 2002 till 2005 were rs. .....

Subodh Prasad Urf Anil Chotu Jagdish Mahato, Vs. Jagbir Singh Darbara ...

Court : Mumbai

..... i produce the following proof in support of my statement, and give particulars of the same as below:(rent bills of place of residence)(ration card)(rent bills of place of business)(deed of partnership or other documents relating to business) (certificate from the employer)(certificate of amount in the provident fund )(title deeds of properties)(municipal bill of the properties )(bank pass books)(income tax payment receipts)(other proof) :as per sub-rule 5a of rule 14, i have furnished one ..... abscondence of accused due to furnishing of bogus surety or surety, bond by a stock surety, in addition to the proof as mentioned in sub-clause 3 of the format of application of surety, the surety, in all cases under the ndps act, the cases in which offence is serious and sentence provided is more than 10 years imprisonment or the cases under the special enactment like pota/mocca etc. ..... writ petition no.2343 of 2009 is concerned, the petitioner therein has been convicted vide judgment of the sessions court at sewri, mumbai dated 29th december 2005 for offence punishable under section 302 of the indian penal code and is undergoing sentence of life imprisonment at kolhapur central prison. ..... is also from jharkhand and is presently working only as a domestic servant in bandra ..... article 14 protects all indians qua indians within the ..... (8) prisoners convicted of offences of violence against person or property committed for political motives, unless the prior consent of the state government to such release .....