Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 13 of about 165 results (0.141 seconds)

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... no proprietary right in the soil.313 the conclusions drawn by the revenue after full enquiry are instructive and are reproduced below: (1) that the state cannot, without violating the rule and practice dating from time immemorial, assert in this presidency an exclusive right to minerals in unoccupied lands, but that it is fully entitled to a share in such products as in any other produce of the land; (2) that subject to ..... the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of mine; (xi) any premises in or adjacent to and belonging ..... d y chandrachud) observed that the essence of the mmdr act is to protect humankind and every species whose existence depends on natural resources from the destruction which is caused by rapacious and unregulated mining. ..... proper extraction and utilization of mineral resources fulfils the needs of both the domestic industry as well as the demands of the international market.301 the constitution requires the state to discharge an active role in promoting the development of minerals by adopting a slew of regulatory ..... flourish amidst violence, unrest ..... 5332 of 2002 with civil appeal no.1352 of 2005 with civil appeal no.1883 of 2006 with t.p ..... 2005 ..... (2005) ..... 2005 .....

Mrs. Kanika Goel Vs. The State of Delhi Thru Sho

Court : Supreme Court of India

..... out the plea taken by the appellant regarding the circumstances in which she fled from usa with the minor girl child due to domestic violence inflicted on her, the said issue has been trivialized. ..... cannot be reduced to an appendage of the child and the mother cannot be forced to stay in an unfriendly environment 1 (2017) 10 scc120 where she had been victim of domestic violence inflicted on her. ..... satisfied, that having regard to the totality of the facts and circumstances, it would be in the interests and welfare of the minor child to decline return of the child to the country from where he/she had been removed; then such an order must be passed without being fixated with the factum of an order of the foreign court directing return of the child within the stipulated time ..... summary jurisdiction, the court must be satisfied and of the opinion that the proceeding instituted before it was in close proximity and filed promptly after the child was removed from his/her native state and brought within its territorial jurisdiction, the child has not gained roots here and further that it will be in the child s welfare to return ..... then adverted to the provisions of the juvenile justice (care and protection of children) act, 2015, while making it clear that it was conscious of the fact that the said act may not strictly apply to the case on hand for examining ..... minor girl child had acquired citizenship of the usa in 2005 and holds an american passport. ..... but presently is a citizen of usa since 2005. .....

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

..... government by rotation for a period of one year at a time : provided further that not less than one-third of the non-official members nominated under this clause shall be women : provided also that not less than one-third of the non-official members shall be belonging to the scheduled castes, the scheduled tribes, the other backward classes and minorities; (e) ..... implementation in the state; (b) determining the preferred works; (c) reviewing the monitoring and redressal mechanism from time to time and recommending improvements; (d) promoting the widest possible dissemination of information about this act and the schemes under it; (e) monitoring the implementation of this act and the schemes in the state and coordinating such implementation with the central council; (f) preparing the ..... it deals with cases of this court where directions and orders were passed primarily to protect fundamental rights under article 21 of the marginalised groups and sections of the society who because ..... the mahatma gandhi national rural employment guarantee act, 2005 (for short the nreg act ) has a very simple and straightforward preamble which says that it is: an act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage ..... in the absence of sufficient domestic availability of these items, their supply under the public distribution system is difficult to ensure and there are fiscal constraints on .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... after having analyzed, what awaits an allottee, moving an application under section 7 of the code, as contrasted with what he could get under rera or what we note under the consumer protection act and finding that the code would be ordinarily activised by an allottee, when he feels that the solution lies in the remedy provided under the code, viz. ..... filed a report or a complaint to the relevant statutory authority or court: provided that if a prosecution had been instituted during the corporate 6 insolvency resolution process against such corporate debtor, it shall stand discharged from the date of approval of the resolution plan subject to requirements of this sub-section having been fulfilled: provided further that every person who was a "designated partner" as defined in clause (j) of section 2 ..... protection act also has embraced the principle of order i rule 8 of the cpc, as can be seen from section 12 of the consumer protection act ..... is the essence of classification and does violence to the constitutional guarantee of equality only ..... which such apartment is located) provided by the promoter for use by the 4 owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic aide employed in such apartment;100. ..... the financial creditors may file an application based on a default that occurred in respect of the third-party financial creditor, who 36 (2005) 1 scc17237 (2019) 6 scc51951 may choose not to file an application itself. ..... 2005) 7 scc584:2005 .....

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600

..... measures, or remove counselors : the other, which is said to be levied against the majesty of the king or, in other words, against him in his regal capacity; as when a multitude rise and assemble to attain by force and violence any object of a general public nature; that is levying war against the majesty of the king; and most reasonably so held, because it tends to dissolve all the bonds of society, to destroy property, and to overturn government ; and ..... to the observations of mansfield, cj, lord president hope, tindal, cj and the commentaries of sir michael foster, the high court concluded thus : 'the natural and reasonable inference to be drawn from the conduct and acts of insurgence was that they intended to overcome and destroy the forces of the crown at all events and regardless of any pretended grievance in connection with capitation tax. ..... in miranda case (decided in 1966), it was held that the right to have counsel present at the interrogation was indispensable to the protection of the v amendment privilege against self- incrimination and to ensure that the right to choose between silence and speech remains unfettered throughout the ..... fake names of the deceased terrorists).one fake identity card of cybertech computer hardware solutions in the name of ashiq hussain which was being carried by the deceased terrorist mohammed.two slips of paper bearing five domestic mobile phone numbers, which were related to the instruments found on the deceased terrorists and two uae numbers. .....

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

..... of india;and whereas on account of the number of such foreigners and the manner in which such foreigners have clandestinely been trying to pass off as citizens of india and all other relevant circumstances, it is necessary for the protection of the citizens of india to make special provisions for the detection of such foreigners in assam and also in any other part of india in which such foreigners may be found to have remained illegally;'some of the provisions of ..... of 'war' as given in hall on international law has been quoted with approval :-'when differences between states reach a point at which both parties resort to force, or one of them does acts of violence, which the other chooses to look upon as a breach of the peace, the relation of war is set up, in which the combatants may use regulated violence against each other, until one of the two has been brought to accept such terms as his enemy is willing to grant. ..... a deep analysis of the imdt act and the rules made thereunder would reveal that they have been purposely so enacted or made so as to give shelter or protection to illegal migrants who came to assam from bangladesh on or after 25th march, 1971 rather than to identify and deport them.29. ..... . the exercise of this right may be subjected, doubtless, to certain forms by the domestic laws of each country; but the right exists none the less, universally recognized and put in force.'.................................................................. ..... . (see jt 2005 (3) sc 16557 .....

Research Foundation for Science Technology and Natural Resources Polic ...

Court : Supreme Court of India

Reported in : (2005)3CompLJ193(SC); 2005(1)CTC609; 2005(192)ELT8(SC); [2005(2)JCR294(SC)]; JT2005(11)SC135; (2005)13SCC186

..... contained in annexure i, unless they do not possess any of the characteristics contained in annexure iii; and(b) wastes that arte not covered under paragraph (a) but are defined as or are considered to be, hazardous wastes by the domestic legislation of the party of export, import or transit.in the annexure i to the convention, referred to above at (a), dealing with categories of wastes to be controlled, the following categories of wastes are pertinent to the ..... 15(2) which provides that (i) the waste in question shall be shipped back within thirty days either to the exporter or to the exporting country or (ii) shall be disposed of within thirty days from the date of off-loading subject to inability to comply with sub-rule 2(i), in accordance with the procedure laid down by the state pollution control board or committee in consultation with central pollution control board ..... , of 'sustainable development', inter alia, held that the precautionary principle and polluter pays principle have now emerged and govern the law in our country, as is clear from articles 47, 48a and 51a(g) of our constitution and that, in fact, in the various environmental statutes including the environment (protection act, 1986, these concepts are already ..... the principle of good governance is an accepted principle of international and domestic ..... forum's case that these principles are accepted as part of the customary international law and hence there should be no difficulty in accepting them as part of our domestic .....

People

Court : Supreme Court of India

Reported in : JT2005(1)SC283; (2005)2SCC436; (2005)2UPLBEC1249

..... of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of: non-governmental organisations responsible for human rights and efforts to combat racial discrimination, trade ..... , inter alia, provides that the commission shall have power to review the safeguards provided by or under the constitution or any other law for the time being in force for the protection of human rights and recommend measures for their effective implementation and study treaties and other international instruments on human rights and make recommendations for their effective implementation. ..... contention is that none from police or security force is eligible to be a member of such a body and it is clear from the provisions of the act, its scheme as also from the very concept which gave birth to protection of human rights. ..... having regard to this, changing social realities and emerging trends in the nature of crime and violence, the government has been reviewing the existing laws, procedures and system of administration of justice, with a view to bringing about greater accountability and transparency in them, and devising efficient and effective methods .....

Jindal Vijayanagar Steel (Jsw Steel Ltd.) Vs. Jindal Praxair Oxygen Co ...

Court : Supreme Court of India

Reported in : 2006(3)ARBLR340(SC); 2006(6)BomCR309; [2006]134CompCas119(SC); JT2006(8)SC230; 2006(8)SCALE668; (2005)11SCC521; 2006AIRSCW5130

..... action, wholly or in part, arisesexplanation- a corporation shall be deemed to carry on business at its sole or principal office in india or, in respect of any place where it has also a subordinate office, at such place.it is ex facie clear from the section that a suit can be filed where a part of the cause of action arises or where the principal office is located meaning thereby that what their lordships in the patel roadways case held that was ..... be, a plaintiff has the option of instituting proceedings in any of the courts which would have jurisdiction, the test of forum non convenience cannot be applied under domestic law and if applied would wrongfully restrict or negate the amplitude of the provisions of cpc and of the letters patent. ..... had the jurisdiction to entertain disputes arising from the psa and the settlement agreement since the entire cause of action had arisen in mumbai;g) the high court erred in ignoring the settled law that it is the situs of cause of action and not the place of business, which is the deciding factor in determining jurisdiction under section 2(1)(e) of the act;h) the high court failed to appreciate that ..... the urgent need to protect its interests, filed arbitration ..... on 07.02.2005, an interim order was passed by the principal district judge, bellary restraining the respondent from insisting upon ..... of 2005 before the principal district judge, bellary on 06.02.2005 seeking appropriate orders to restrain the respondent from breaching ..... on 05.03.2005, the .....

ishikawajma-harima Heavy Industries Ltd. Vs. Director of Income Tax, M ...

Court : Supreme Court of India

Reported in : AIR2007SC929; 2007BusLRSN-9(SC); (2007)207CTR(SC)361; [2007]288ITR408(SC); 2007(1)SCALE140; (2007)3SCC481; 2007[6]STR3; 2007(1)LC0127(SC)

..... question, it was opined that section 42(3) had nothing to do with the determination of the income arising in the taxable territories as distinguished from the income arising without taxable territories as understood in section 4a(c)(b) of the act, it was held the phraseology of section 42(3) of the act also repels the contention insofar as the profits and gains of the business which are referred to therein and which are capable of apportionment ..... facilities.contractor shall ensure that the facilities shall be fit and suitable for its intended purpose (including attaining the completion and performance guarantees) as evidenced by, or reasonably to be inferred from, this contract, and shall fully comply with the contract.work undertaken, equipment and materials (including components thereof), contractor's equipment, labour and personnel, and additional items provided pursuant to this ..... 7.1 is included in all agreements with suppliers.contractor shall be responsible for packing, loading, transporting, receiving, unloading, storing and protecting all equipment and materials and/or contractor's equipment and other things required for the works. ..... in such cases it will be doing no violence to the meaning of the words 'accrue' or 'arise' if the profits attributable to the manufacturing business are said to arise or accrue at the place where the manufacture is being ..... in line with the domestic law then prevailing in the usa, such a 'force of attraction' was, for instance, incorporated in ..... 2005 .....