Court : Supreme Court of India
Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92
..... above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either ..... learned counsel for the respondent then relied upon the protection of women from domestic violence act, 2005. ..... 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2057
..... section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, ..... section 2(s) and domestic violence is defined in section 2(g) read with section 3 of the act. ..... section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... i am satisfied that the learned sessions judge can be directed to dispose of the appeal as expeditiously as possible -- at any rate, within a period of 15 days from 15-3-2007, on which date both parties/their counsel shall appear before the learned sessions judge and if the appeal is not posted for hearing to that date, the learned sessions ..... objects and reasons of the act clearly show that the act is a piece of civil law conferring on the victim women civil rights. ..... two views are possible, the one in favour of the target group -- the class of persons (victim women in this case) for whom benefit is sought to be conferred under the humane provisions of the act, cannot be lost sight of.14. .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2328; I(2008)DMC83
..... order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, ..... no domestic violence as defined under section 3 of the act has ..... city police commissioner, trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home ..... the learned counsel for the respondent contends first of all that an appeal under section 29 of the act, (i extract the statutory provision below) will be available only after notice of the order is served ..... counsel for the respondent contends that though an appeal is maintainable under section 29 of the act, this is a fit case where notwithstanding the availability of that remedy this petition under ..... shall be open to the petitioner to raise appropriate contentions before the learned magistrate and the learned magistrate imbibing the sense of expedition, which is expected of him, under sections 12(4) and 12(5) of the act must proceed to dispose of the petition on merits, expeditiously and in accordance with law.16. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ871
..... petitioner is the respondent in an application filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as domestic violence act). ..... learned counsel for the petitioner submits that in the light of the mandate under section 24 of the domestic violence act, there should not have been such delay in the furnishing of copies.6. ..... in the light of section 24 of the domestic violence act which is already extracted above, the burden is certainly on the learned magistrate to ensure that the copy is furnished to the parties as well as others specified in section ..... of conviction and sentence must be furnished to the accused can be complied by courts scrupulously, i can find no administrative bottleneck or difficulty which can stand in the way of the courts furnishing copies of orders passed under the domestic violence act as stipulated under section 24. ..... section 24 of the domestic violence act evidently of furnishing copies of the orders passed by he ..... section 24 of the domestic violence act reads as follows:court to give copies of order free of ..... grievance of the petitioner is now redressed to the extent that he has got the copy of the order and has filed an appeal under section 29 of the domestic violence act. ..... came rushing to this court on 15-03-2007 after the said order was passed on 14-3-2007 complaining that copy of the order has not been furnished to him by the learned magistrate as mandated under section 24 of the domestic violence act.3. .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2604; 2007(2)KLJ209
..... protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence ..... while those petitions were pending before the family court, the protection of women from domestic violence act, hereinafter referred to as dva, was enacted by the parliament and rules ..... aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the dva was brought in by the parliament. ..... decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved' person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other 'law for the time being ..... local limits of which -(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ3361
..... filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') read with rule 6(1) of the protection of women from domestic violence rules, 2006. ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may 'include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, if any, including an ..... the result, the criminal petition in respect of the first petitioner is dismissed and the criminal petition in respect of petitioners 2 to 11 is allowed by quashing the proceedings against them in domestic violence case (dvc) no. ..... the respondents in domestic violence case (dvc) no ..... the daughter of the second respondent is separately living since may 2004 and from then onwards, the first petitioner has not seen her in anywhere except in the ..... when the petitioner's daughter is away for marital life from the first respondent on account of his conduct, insisting for marital life by the first respondent amounts to harassing the petitioner's daughter and harming ..... the petitioners 2 to 11 are living separate from 3-9-2004 and after partition they are no way concerned with the happenings between the first petitioner and the daughter of the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221
..... 1 had forcibly entered the house and occupied one room therein and thereafter filed a suit seeking an injunction against the plaintiff claiming protection of her right to residence in the matrimonial home under inter alias the protection of women from domestic violence act, 2005 (for short the 'pwdv act'). ..... under the pwdv act, in case of a finding of domestic violence, a residence order can be passed inter alia, restraining the respondent from alienating or disposing of the shared household or securing the same level of alternative accommodation enjoyed by the aggrieved person in a shared ..... in this behalf, learned senior counsel referred to the provisions of section 18 of the hindu adoption and maintenance act, 1956 to contend that the said provision entitles a wife to live separately from her husband without forfeiting her claim to maintenance where he treats her with cruelty as to cause reasonable apprehension of it being harmful or injurious to live with ..... submitted that the withdrawal is liable to be opposed on the principle of lis pendens under section 52 of the transfer of property act, 1882 as the withdrawal sought is intended to circumvent the jurisdiction of the court and to remove the subject matter of litigation from the ambit of the courts power and frustrate its decree. ..... respondent in that case relied upon the provisions of the pwdv act to contend that in view of the provisions of that act, the respondent cannot be disposed from the second floor of the property. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193
..... 848/07, whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.section 31. ..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from--(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved .....
Tag this Judgment!Court : Delhi
Reported in : 2007(96)DRJ697
..... additional grounds holding that the house in question cannot be said to be 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 and made following pertinent observations in the process:24. ..... , would have the right to remain in that matrimonial home as long as she is married and if she is 'obliged' to leave that matrimonial home, i think she would be entitled to obtain an injunction from an appropriate court protecting her right and preventing her from being thrown out.13. ..... counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled to defend his possession even against the rightful owner, the respondent's case was on a ..... they further pointed out that even as per the plaintiff's own admission, at least from the year 2003 she had left the matrimonial house for good, whether the cause was ..... because of the perpetrated acts of physical violence, fearing danger to her life and limb, the plaintiff was forced to leave the matrimonial home ..... to severe violence from the defendant ..... the fact of the matter is that amit batra applied for a divorce from the petitioner (although the divorce petition is now said to have been dismissed ..... there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law .....
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