Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: allahabad Page 1 of about 9 results (0.051 seconds)

Milan Kumar Singh S/O Rajendra Singh and Rajendra Singh S/O Gulab Sing ...

Court : Allahabad

Reported in : 2007CriLJ4742

..... 2262 of 2007 under sections 12, 17, 18, 19, 20 and 22 of protection of women from domestic violence act, 2005 (hereinafter referred to as the act) to show cause within specified time, why action should a not be taken against ..... no compliance of rule 6 of the protection of women from domestic violence rules 2006 (hereinafter referred to as the ..... (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:provided that where a 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 ..... by learned counsel for the applicants is that the complaint cannot be filled directly to the magistrate, but it should be filed before the protection officer as defined in section 2(n) of the act and on receiving the complaint, the protection officer will submit domestic incident report and then the magistrate will take cognizance of the matter. ..... person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act:provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the .....

Re: in the Matter of Matrimonial Disputes Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2012(3)KLT49(SN)(C.No.50)

..... 498-a ipc was made compoundable with the permission of the court.a good option for providing recompense to the maltreated woman is "the protection of women from domestic violence act, 2005" which provides for a gamut of civil rights for the aggrieved woman who has entered into a domestic relationship with a man, with or without marriage. ..... by providing "monetary reliefs" (sections 20 and 22) by paying for loss of earnings or medical expenses, or loss due to destruction of property by domestic violence, or for maintenance of the woman and her dependent children, or by payment of compensation for causing injuries (including mental torture). ..... consider bringing out a similar amendment, as it has already expressed its opinion that the offence under section 498-a ipc be made compoundable.before parting we must clarify that the court is of the firm view that acts of cruelty or violence against women have neither ceased, nor have they been reduced, and the special provision for meeting this problem must be retained in the statute book. ..... such civil rights include "protection orders" (section 18) prohibiting the respondent from committing any act of violence, visiting the place of work, operating the common bank locker, making telephonic contact etc. ..... if the matter is unduly prolonged in the mediation process, the delay could act as a shield to protect the accused from facing the penalty of law, causing frustration and bitterness for the aggrieved wife. .....

Manoj Anand Vs. State of U.P. and Another

Court : Allahabad

..... veenu anand wife filed an application u/s 12 of the protection of women from domestic violence act, 2005 (in short the act). ..... 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 dependants, 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. ..... 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) adiding 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 ..... penalty for breach of protection order by respondent - (1) a breach of protection order, or of an interim protection order, by the respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. .....

Jiyaul Hasan and Others Vs. State of U.P. and Another

Court : Allahabad

..... 179 of 2011 (km sainki alam vs jiyaul hasan and others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... 179 of 2011 (km sainki alam vs jiyaul hasan and others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... in order to constitute an offence under section 12 of the protection of women from domestic violence act the court must satisfy that the offence of domestic violence must have been committed. ..... explanation appended to section clearly says that for the purpose of determining whether any act omission, commission or conduct of the respondents constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. ..... - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes" domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. ..... - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... in order to constitute domestic violence repeated physical pain to a person is essential factor. ..... definition of domestic violence. .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

Court : Allahabad Lucknow

..... " the protection of women from domestic violence act, 2005 27. ..... case no.990 of 2012 through this application, the applicants have prayed to quash the entire proceedings of case no.509 of 2010:preeti goswami versus neeraj goswami and others, pending under section 12 of the protection of woman from domestic violence act (in short domestic violence act), pending in the court of viii additional chief judicial magistrate, lucknow as also to quash the order dated 16th of february, 2012, passed by the learned additional chief judicial magistrate, court no.32 in the said case. ..... cognizance of the term "jurisdiction" as defined under section 27 of the domestic violence act and held as under:- "keeping in mind the said objects of the act, it has to be considered that the legislature has provided the aggrieved women, covered under the act, with such wide options to institute a case against the unscrupulous persons who harass or abuse her at the places covered under section 27 of the act with an intent that women may opt for the place which best suited ..... it is further stated that the learned additional chief judicial magistrate, lucknow did not call domestic violence report from the district protection officer, gurgaon, haryana, who is the competent authority being appointed under the act for the area where incident is alleged to have taken place. .....

Gopal Krishan Sharma Vs. Dr. Mithilesh Kumari Sharma

Court : Allahabad

Reported in : AIR1979All316

..... when the respondent's father approached the appellant's father for the marriage of his daughter with his son, the appellant's father, an educationist with views very set in domestic living, made it plain to the respondent's father that the advanced studies of his daughter in medicine would not be permitted to be utilized by her for a profession or service career ..... 618 it is stated that 'mere want of sympathy, disagreeable manners, delusions of ill temper, habitual disregard of the wife's feelings, refusal to protect her from the insults of others etc, do not constitute cruelty furnishing ground for divorce. ..... (air 1974 sc 165) observed that divorce and dissolution of marriage were foreign to hindu law before the statute stepped in to modify the traditional law and in construing the provisions of the act 'one has to remember that divorce is not generally favoured or encouraged by courts and is permitted only for very serious and grave reasons'.15. ..... , knew what he was doing, and it was held that proof of insanity was no answer to the charge in view of the character and the gravity of the act which were intentionally pursued though with no intention to injure, the case has no application in the instant case.29. ..... is not quite so automatic in the case of an omission' says dias in his jurisprudence, fourth edition, page 426, 'since .....................there has to be a duty to act which depends upon the circumstances including among other things, the relationship between the parties. .....

Alok Kumar Gupta and ors Vs State of U.P and anr.

Court : Allahabad

..... it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. ..... kirit gupta versus alok kumar gupta and others under section 12 of the domestic violence act, p.s. ..... it is contended that the opposite party no.2 has also initiated proceedings under section 498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. ..... after depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ..... 10,000/- within two weeks from today with the mediation centre of which 50% shall be paid to the opposite party no.2 for appearance before the mediation centre.5. .....

Ashish Kumar Misra (Advocate) [P.I.L.] Vs. Bharat Sarkar Thru. Sachiv ...

Court : Allahabad Lucknow

..... subjected to discrimination and domestic violence, a woman is left with no social security ..... the recognition of the eldest woman as the head of the household is in contradistinction to a male member since as we have already noted above, sub-section (2) of section 13 of the act enables a male member of the household to be recognized as the head of the household only in the absence of a woman or if the sole woman is below the age of eighteen, until she attains the age of ..... recognition of transgenders as the third gender in law has thus become an intrinsic part of the right to life protected by article 21 of the constitution. ..... for too long in our history and even today, women have been burdened with the obligation of maintaining home and family without a corresponding recognition or acceptance of their role as decision makers ..... the first issue relates to the validity of the provisions of section 13 of the act on the ground that the statutory provision while recognizing the eldest woman member as the head of the household does not contemplate a situation where there may be no woman in the ..... the salutary public purpose, underlying the enactment of section 13 of the act can be furthered by incorporating a situation where a transgender can be recognized as a head of an eligible ..... the form which has been prescribed by the state government for submitting applications under the act contains an enumeration of several items on which a disclosure of information has been sought from the applicant. .....

Hindustan Lever Limited Formerly Known as Brook Bond Lipton India Limi ...

Court : Allahabad

Reported in : [2007(115)FLR76]; (2008)ILLJ222All

..... in a criminal case on false evidence or on concocted evidence;(d) for patently false reasons;(e) on untrue or trumped up allegations of absence without leave;(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate ..... punishing a workman, because he urged other workmen to join or organise a trade union;(b) discharging or dismission a workman for taking part in any strike (not being a strike which it deemed to be an illegal strike under this act);(c) changing seniority rating of workmen because of trade union activities;(d) refusing to promote workmen to higher posts on account of their trade union activities;(e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen ..... to interfere with, restrain from, or coerce, workman in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say-(a) threatening workmen with discharge or dismissal, if they join a trade union;(b) threatening a lock-out or closure, if a trade union is organised;(c) griming wage increase to workmen at crucial periods of trade ..... acts of force or violence ..... (2005)illj12sc .....

Pawan Kumar Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(1)AWC391; [2008(119)FLR1180]

..... haryana : (1995)iillj77sc , finding that illegality and irregularity were so intermixed with the whole process of the selection that it was impossible to sort put the untainted from the tainted ones and therefore it held that the entire selection was rightly cancelled and there was no necessity for any notice or opportunity.94. ..... yet, the effort of the state seems to be to pursue the criminal case at the cost of the domestic enquiry.is this the tacit understanding and the escape route?it may be in the realm of conjectures, but the state has forced the court ..... rules of natural justice are flexible, it gave an indication how to proceed in such cases:the question to be asked in every case to determine whether the rules of natural justice have been followed is, have the authorities acted fairlyand it went on to hold in paragraph 33 that:natural justice has an expanding content and is not stagnant. ..... these executive orders were supplemented by instructions dated 6.2.2005, 10.4.2006, 2.7.2006 and 23.9.2006 of the ..... thereof advertisements dated 6.1.2005/21.1.2005, 23.7.2005, 1.9.2006, etc. ..... post of constables in civil police, first recruitment was held at 15 different centres on 17.2.2005 recruiting 6,091 constables. ..... awasthy : (2005)iillj461sc , the apex court noted the changing concept of natural justice and held:natural justice is another name for common ..... 2005 (6) awc 6161, whereby it returned findings after examining the records thereof, that there was no case of illegality, favouratism, .....