Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 7 of about 165 results (0.134 seconds)

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... learned senior counsel further submits that the object of the impugned legislation is to protect women from exploitation by prohibiting dances, which were of indecent, obscene and vulgar type, derogatory to the dignity of women and likely to deprave, corrupt or injure the public morality, or morals. ..... lastly, that bar dancing contributes to social-ills and illicit affairs between dancers and the male visitors break up of family and domestic violence against wives of men visiting the dance bars. ..... rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other ..... no.2052 of 2005, w.p.no.2338 of 2005 and w.p.no.2587 of 2005 passed by the high court of judicature at bombay, whereby section 33a of the bombay police act, 1951 as inserted by the bombay police (amendment) act, 2005 has been declared to be ultra vires articles 14 and 19(1)(g) of the constitution of india. .....

Medha Kotwal Lele and ors. Vs. Union of IndiA.

Court : Supreme Court of India

Reported in : (2013)1SCC297

..... are of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by parliament and the state legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence domestic violence, sexual assault, sexual harassment at the workplace, etc; and provide new initiatives for education and advancement of women and girls in all spheres of life. ..... (whether directly or by implication) as:(a) physical contact and advances;(b) a demand or request for sexual favours;(c) sexually-coloured remarks;(d) showing pornography;(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such ..... will not prejudice any rights available under the protection of human rights act, 1993."5. ..... the employer or other responsible persons in workplaces and other institutions:it shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.2. .....

Aureliano Fernandes Vs. State Of Goa .

Court : Supreme Court of India

..... of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by parliament and the state legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence domestic violence, sexual assault, sexual harassment at the workplace, etc. ..... submitted its report16 to the registrar of the respondent no.2 university stating that 18 meetings had taken place in connection with the inquiry that had established sexual harassment of the complaints by the appellant which act amounted to a grave misconduct and was in gross violation of rule 3(1)(iii) of the ccs conduct rules and consequently, recommended termination of his services. ..... it is noteworthy that sub-rule (3) of rule 7 68 the sexual harassment of women at work pace (prevention, prohibition and redressal) act, 2013 page 36 of 59 civil appeal no.2482 of 2014 provides that the respondent shall file his reply to the complaint within a stipulated time along with the relevant documents and give details of the ..... explanation (1) for the purpose of this rule (a) "sexual harassment" includes any one or more of the following acts or behaviour (whether directly or by implication), namely page 29 of 59 civil appeal no.2482 of 2014 (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome .....

Bilkis Yakub Rasool Vs. Union Of India

Court : Supreme Court of India

..... criminal writ petition no.305 of 2013 filed by one of the co-accused ramesh rupabhai in the year 2013 before the bombay high court seeking a direction for transfer of the convicts from maharashtra jail to gujarat jail, the reference to the order of the gujarat high court dated 17.07.2019 dismissing the writ petition filed by respondent no.3 herein directing him to approach ..... been convicted and sentenced, that is to say, the transferor state and not the transferee state where the prisoner may have been transferred at his instance under the transfer of prisoners act; and (4) that where the transferee state feels that the accused has completed a period of 20 years it has merely to forward the request of the prisoner to the concerned ..... court as well as the constitutional mandate to protect the fundamental rights of women, particularly when they are victims of sexual violence in relation to ethnic conflict ..... . that it is settled law that the exercise of power under section 432 of the crpc is an administrative act which neither retracts from a judicial order nor does it wipe out the conviction of the accused and is merely an executive prerogative exercised after the judicial function in a criminal ..... fundamental values, making the former non-derogable and a part of domestic law even if not explicitly codified ..... charges were framed on 13.01.2005 amongst others against the eleven convicts for the commission of offences under sections 143, 147, 302, 376(2)(e) and (g) of the indian penal code, .....

D. Devaraja Vs. Owais Sabeer Hussain

Court : Supreme Court of India

..... domestic help or indulging in domestic violence would certainly not be entitled to ..... the commissioner, a magistrate, police officer or reserve police officer or other person, or of a wrong alleged to have been 8 done by such commissioner, magistrate, police officer or reserve police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit ..... being p.c.r no.17214 of 2013, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963, as amended by the karnataka police (amendment) act, 2013, and if not, whether the high court should have quashed the impugned order of the magistrate concerned, instead of remitting the complaint to the magistrate concerned ..... (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction- (a) in the case of a person who is employed or, as the ..... [(2005) 1 scc122 this court has held that the power under section 482 of the code should be used sparingly and with circumspection to .....

Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092

..... the provisions of the domestic violence act this court in s.r ..... the domestic violence act provides for a higher right in favour of ..... are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood, of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation ..... owing to her disability founded on her status of perpetual or life long tutelage or dependence..this right of the wife to maintenance from her husband is not lost even if the husband renounce hinduism.this right subsists even after the husband's death although her husband's right as distinguished from hers may pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law ..... order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high court in first appeal no. ..... 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder be deposited in the high court and the 3rd respondent ..... judge of the high court by an order dated 5th april, 2005 directed:8. .....

Commissioner of Income Tax, Coimbatore Vs. Lakshmi Machine Works

Court : Supreme Court of India

Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168

..... of this sub-section,-(a) 'adjusted export turnover' means the export turnover as reduced by the export turnover in respect of trading goods ;(b) 'adjusted profits of the business' means the profits of the business as reduced by the profits derived from the business of export out of india of trading goods as computed in the manner provided in clause (b) of sub-section (3) ;(c) 'adjusted total turnover' means the total turnover of the business as reduced by the export turnover in respect of ..... of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the [profits] derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder of an export house certificate or a trading house certificate (hereafter in this section referred to as an export house or a trading house, as the case may be,) issues ..... in the case of combined business of an assessee having export business and domestic business the legislature intended to have a formula to ascertain export profits by apportioning the total business profits on the basis of ..... a brief analysis of the above section 80hhc of the act, as amended with effect from 1.4.1992, indicates rationalization of provisions relating to tax concession for export ..... 4409 of 2005, the above proposition has been accepted by the ..... no.4409 of 2005 are mentioned hereinbelow .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care and protection of children) act, 2015, the protection of children from sexual offences act, 2012 and the information technology act ..... security of the person (1) everyone has the right to freedom and security of the person, which includes the right (a) not to be deprived of freedom arbitrarily or without just cause; (b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources; (d) not to be tortured in any way; and (e) not to be treated or punished in a cruel, inhuman or degrading way. ..... is famous for the words of sir edward coke: that the house of every one is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose then, in the case of entick v carrington228 (1765), entick s house had been forcibly entered into by agents of the state/king. ..... in this area is to enable the state to take the violation of the dignity of women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women grounded in the identity of gender and liberty. .....

The Chairman, Railway Board and ors. Vs. Mrs. Chandrima Das and ors.

Court : Supreme Court of India

Reported in : AIR2000SC988; (2000)3CALLT44(SC); 2000CriLJ1473; JT2000(1)SC426; 2000(1)KLT655(SC); (2000)IIMLJ26(SC); 2000(1)SCALE279; (2000)2SCC465; [2000]1SCR480

..... . apart from the above, the general assembly, also while adopting the declaration on the elimination of violence against women, by its resolution dated 20th december, 1993, observed in article 1 that, 'violence against women' means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty ..... . secretary of state for the home department (1991) 1 all er 720, observed that it was well settled that, in construing any provision in domestic legislation which was ambiguous in the sense that it, was capable of a meaning which either conforms to or conflicts with the international convention, the courts would presume that ..... live, so long as they are here, with human dignity, just as the state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens.36 ..... . in article 3, it was specified that 'women art: entitled to the equal enjoyment and protection of all human rights, which would include, inter alia:(a) the right to life, (b) the right to equality, and (c) ..... . while article 14, which guarantees equality before law or the equal protection of laws within the territory of india, is applicable to 'person' which would also include the 'citizen' of the country and 'non-citizen' both, article 15 speaks only of 'citizen' and it .....

Federation of Obstetrics and Gynecological Societies of India (Fogsi) ...

Court : Supreme Court of India

..... 20.urges all states to enact and enforce legislation to protect girls from all forms of violence, discrimination, exploitation and harmful practices in all settings, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, trafficking and forced migration, forced labour and child, early and forced marriage, and to develop age appropriate, safe, confidential and disability ..... the resolution also urged states to enact and enforce legislation to protect girls from all forms of violence, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, and to 21 develop age appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subjected to violence. ..... considering the wide prevalence of violence against women and children in different forms, the legislature has enacted several acts in order to ensure gender justice and to take 16 care of cry of female foetus. ..... amarmani tripathi, (2005) 8 scc21for this purpose. ..... , (2005) 4 scc303 tata chemicals ltd. v. .....