Court : Kolkata
..... the complainant/opposite party herein instituted a proceeding under section 12 of the protection of women from domestic violence act, 2005 before the learned judicial magistrate, 5th court, serampore claiming relief of right of residence along with her husband and child at her matrimonial home, that is, at 95/a patuapara lane under ..... under section 23 of the protection of women from domestic violence act. ..... appearing for the petitioners has submitted that the complaint lodged by the wife is not maintainable and the provision of the said act of 2005 will not be applicable against the petitioners herein. ..... she moved an application under section 23 of the said 2005 act for interim relief and that prayer was granted by the ..... das, appearing on behalf of the opposite party has contended that the impugned order has been passed under section 23 of the 2005 act and this is purely interim in nature. ..... act itself does not provide for revision before this honble court, but section 29 of the said 2005 act lays down a provision for appeal against orders passed under the provisions of the said act ..... is at liberty to take steps under section 23 of the 2005 act, if the situation demands. ..... from the provisions of section 29 of the said act, it is clear that an appeal lies against an order passed under section 23 of the said act. ..... , the opposite parties/petitioners herein have filed this application for quashing the said proceeding as well as setting aside the order under section 23 of the 2005 act. .....
Tag this Judgment!Court : Kolkata
..... the petitioner herein takes refuge under the protection of women from domestic violence act, 2005 in a mischievous attempt to stall the respondent bank from exercising its rights under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. ..... by some 2 convoluted logic, which should not be given any degree of respectability by being noticed in detail, the petitioner refers to the definition section of the 2005 act and to sections 17, 19 and 27 thereof to suggest that the petitioner s rights in respect of a property whereat the petitioner is entitled to reside, cannot be trodden over by the borrowers of the respondent bank. ..... in cours.of the petitioner citing the said act of 2005 to save the property that has already been taken possession of by the respondent bank, the petitioner does not leave out the emotional quotient that is so dear to bollywood. ..... no law nor any fact of any relevance has been cited in this petition for the court to depart from the procedure recognised by the said act of 2002 or interdict the steps taken by the bank. ..... the court : this is a disingenuous attempt by persons who obtained money from the bank and think it is their fundamental right not to repay. ..... one partner of the principal borrower firm had instituted proceedings in this court which culminated in the bank being permitted to take steps in accordance with the orders passed by the magistrate under section 14 of the said act of 2002. .....
Tag this Judgment!