Court : Supreme Court of India
..... of protection to make a declaration as to whether an advance decision (a) exists; (b) is valid; (c) is applicable to a treatment.170 moreover, a person will not incur any liability for the consequences of withholding or withdrawing a treatment from an individual, if she at the material time, reasonably believes that a valid advance decision applicable to the treatment, made by that individual, exists.171 170 section 26(4), mental capacity act 2005 171 section 26(3), mental capacity act 2005 115 part j until the implementation of the mental capacity act 2005 in ..... this in william shakespeare s (1564-1616) famous verse all the writ petition (civil) no.215 of 2005 page 50 of 112 world s a stage : all the word s stage, and all the men and women merely players; they have their exits and their entrances, and one man in his time plays many parts, his acts being seven ages....last scene of all, that ends this strange eventful history, is second childishness and ..... the court found the legislative framework laid down by domestic law, as interpreted by the conseil d tat, and the decision- making process which had been conducted in meticulous fashion, to be compatible with the requirements of the state s positive obligation under ..... lord keith further stated that it does no violence to the principle of sanctity of life to hold that it is lawful to cease to give medical treatment and care to a pvs patient who has been in that state for over three years considering that to do so involves invasive .....
Tag this Judgment!Court : Supreme Court of India
..... high court or the supreme court shall examine the existence of a prima facie arbitration agreement and not other issues; (v) to provide that the arbitral tribunal shall make its award within a period of twelve months from the date it enters upon the reference and that the parties may, however, extend such period up to six months, beyond which period any extension can only be granted by the court, on sufficient cause ..... ground of patent illegality that had been added by the amendment act also differs from the said ground as understood in the earlier case law, and has been added only qua domestic and not international commercial arbitrations. ..... is made to appear expressly and the special saving incorporated in the repealing act protects only anything done or any action taken under the ordinance which is deemed to have been done or taken under this act as if the act had commenced on 29th may, 1965. ..... equally, the suggested interpretation of shri viswanathan would not only do violence to the plain language of section 26, but would also ignore the words in relation to in the second part of section 26, as well as ignore the fact that section 21 of the 1996 act, though mentioned in the first part, is conspicuous by its absence ..... the said committee, submitted its report to the parliament on 4th august, 2005, wherein the committee recommended that since many provisions of the said bill were contentious, the bill may be withdrawn and a fresh legislation may be brought ..... cit (2005) 12 scc717and .....
Tag this Judgment!Court : Supreme Court of India
..... be out of place to mention that live-in relationship is now recognized by the legislature itself which has found its place under the provisions of the protection of women from domestic violence act, 2005. ..... specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, the 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time ..... such a 4 criminal appeal no.597 of2018marriage is not a void marriage under the hindu marriage act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be ..... -(1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- that the marriage is in contravention of the that the marriage has not been consummated 1(a) owing to the impotence of the respondent; ..... the high court also remarked that apart from the photographs of marriage which were produced in the high court, there was no evidence to show that a valid marriage was solemnised between the parties and that a certificate issued by the local .....
Tag this Judgment!Court : Supreme Court of India
..... the legislature in exercise of enabling powers under the constitution, is never a guarantee that they have been duly followed; (s) the proceedings which may be tainted on account of substantive or gross illegality or unconstitutionality are not protected from judicial scrutiny; (t) even if some of the material on which the action is taken is found to be irrelevant, the court would still not interfere so long as there is some relevant material sustaining the action; (u) ..... protections in the act of settlement 1701 have now been reinforced in the constitutional reform act, 2005 ..... standing committees of lok sabha along with its membership is reproduced as under: name of committee number of members on on government business advisory committee committee of privileges committee on absence of members from the sittings of the house of committee on empowerment of women committee on estimates committee assurances committee on papers laid on the table committee on petitions committee on private members bills and resolutions committee on public accounts committee on public undertakings committee legislation committee ..... allowed for a distinct adjudicatory role: to determine the compatibility of domestic law with reference to european convention standards, adopted by the hra ..... conducted transparently and in the light of internationally accepted values of fairness and justice was a telling rebuttal of mercenarism and violence, whether from or against the state. ..... might behave with violence and oppression .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... as matter was remitted to the high court for presumption that proceedings were pending but the fact is that no such proceedings are pending under the protection of women from domestic violence act, 2005 (for short the dv act ). ..... , and the learned counsel for the respondent, we had passed order dated september 4, 2017, thereby disposing of this petition with the following directions: (a) insofar as domestic violence proceedings before the family court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. ..... orders and prayed for the directions to the respondent to pay entire arrears of maintenance as per the order of the family court in domestic violence proceedings. ..... of summary nature.12) in these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis ..... in a matter arising under a legislation meant for protecting the rights of the women, the high court should have been slow in granting interim orders, interfering with the ..... decided the appeal of the respondent reducing the maintenance from rs.2,50,000/-, as fixed by the family court, to rs.50,000/- per month, from the date of filing of the petition under section 12 of the dv act. .....
Tag this Judgment!Court : Supreme Court of India
..... sarma 6 , is recognized even by the protection of women from domestic 6 (2013) 15 scc75519 violence act, 2005 for various kinds of live-in relationships. ..... view that section 377 of the ipc be read down qua the lgbt community so as to confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual ..... a perusal of section 377 ipc reveals that it classifies and penalizes persons who indulge in carnal intercourse with the object to protect women and children from being subjected to carnal intercourse. ..... . this right to live with human dignity enshrined in article 21 derives its life breath from the directive principles of state policy and particularly clauses (e) and (f) of article 39 and articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, .....
Tag this Judgment!Court : Supreme Court of India
..... response to the application, an affidavit dated 10th september, 2006 was filed by shri prem prashant, ias, chief secretary of haryana in which it was categorically stated that the provisions of the plp act have been taken recourse to from time to time for the protection of forests and forest land. ..... cutting of trees or timber or the collection or removal or subjection to any manufacturing process of any forest produce other than grass, flower, fruit and honey save for the bona fide domestic or agricultural purpose of right holders in the land provided that owners of the land may sell trees or timber after first obtaining a permit to do so from the divisional forest officer, faridabad forest division. ..... consequently, a communication dated 31st january, 2005 was issued by the forest department to the district town planner, faridabad to the effect that the land of the applicant was a closed area under the provisions of the plp act, and therefore non-forest use of the land was ..... mehta) sometime in october 2005 in which it was prayed that the decision rendered by this court on 18th march, 2004 is restricted only to mining activities and does not affect the construction activities carried out by the applicant, which it is entitled to in view ..... no.1901 of 2005 filed by the applicants (in ..... court and by a judgment and order dated 14th may, 2008 the application was dismissed.12 a three-judge bench of this court noted that the challenge was really to the communication dated 31st january, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of ..... under article 32 of the constitution of india seeking directions to the respondents to create an enabling environment for married women subjected to cruelty to make informed choices and to create a uniform system of monitoring and systematically reviewing incidents of violence against women under section 498-a ipc including their prevention, investigation, prosecution and rehabilitation of the victims and their children at the ..... women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to ..... 17 (2005) 13 scc28733 union of india18 (scc para51) it has been held .....
Tag this Judgment!Court : Supreme Court of India
..... for being arbitrary and discriminatory against persons otherwise entitled to such benefits; v collection and storage of data with the government under the aadhaar act is violative of the right to protection from self-incrimination, and the right to 36 part c privacy and personal dignity and bodily integrity envisaged under article 20(3) and article 21 of the ..... laundering, adopted at the present session; countering money laundering 295 the general assembly, emphasizing the enormous efforts of a number of states to draw up and apply domestic legislation that identifies the activity of money laundering as a criminal offence, realizing the importance of progress being made by all states in conforming to the relevant ..... and employment, skill development, personnel and training, agriculture and farmers welfare, primary and higher education, social justice, benefits for persons with disabilities, women and child development, rural development, food distribution, healthcare, panchayati raj, chemicals & fertilizers, water resources, petroleum and natural gas, science and ..... right to information and the right to privacy is drawn under the right to information act 2005: if the information which is sought is personal and has no relationship with a ..... h services authority v union of india461, the tribal worker in madhu kishwar v state of bihar462 and the oppressed victim of state violence in nandini sundar v state of chattisgarh463 are all engaged in the assertion of identity .....
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