Court : Supreme Court of India
..... the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8. ..... 8 scc90 this court while considering section 17 along with other provisions of the domestic violence act, 2005 opined as under: 60. ..... thus, the 1986 act expands the protection of women and ought to ..... the preamble of the 1986 act reads as under: an act to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. .....
Tag this Judgment!Court : Supreme Court of India
..... manufacture, use, import, export and storage of hazardous micro organisms genetically engineered organisms or cells rules, 1989 (hereinafter referred to as 1989 rules ) which are in turn framed under the environment protection act, 1986 (hereinafter referred to as epa, 1986) responsible for approval of proposals relating to release of genetically engineered organisms 1 merriam webster dictionary https://www.merriam-webster.com/dictionary/bt 2 https://extensionpubs ..... campaign & another petitioners versus union of india & others respondents with writ petition (civil) no.260 of 2005 writ petition (civil) no.840 of2016civil appeal no.4086 of2006contempt petition (civil) no.295 of2007in writ petition (civil) no.260 of 2005 contempt petition (civil) no.6 of2016in writ petition (civil) no.260 of 2005 order1 on the following aspects, there is consensus on the bench: that judicial review of the decision taken ..... act directs the central government to take measures for protection of biological diversity, its resources and habitats from ..... to which india is a party, inter alia, requires that the contracting parties shall domestically regulate or manage the risks associated with the use and release of living modified organisms (lmos) resulting from biotechnology and which are likely to have adverse environmental impacts and risks to human health. ..... economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities. .....
Tag this Judgment!Court : Supreme Court of India
..... no proprietary right in the soil.313 the conclusions drawn by the revenue after full enquiry are instructive and are reproduced below: (1) that the state cannot, without violating the rule and practice dating from time immemorial, assert in this presidency an exclusive right to minerals in unoccupied lands, but that it is fully entitled to a share in such products as in any other produce of the land; (2) that subject to ..... the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of mine; (xi) any premises in or adjacent to and belonging ..... d y chandrachud) observed that the essence of the mmdr act is to protect humankind and every species whose existence depends on natural resources from the destruction which is caused by rapacious and unregulated mining. ..... proper extraction and utilization of mineral resources fulfils the needs of both the domestic industry as well as the demands of the international market.301 the constitution requires the state to discharge an active role in promoting the development of minerals by adopting a slew of regulatory ..... flourish amidst violence, unrest ..... 5332 of 2002 with civil appeal no.1352 of 2005 with civil appeal no.1883 of 2006 with t.p ..... 2005 ..... (2005) ..... 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic ..... kerala reported in (2021) 1 scc733while discussing in the context of section 7 of the muslim women (protection of rights on marriage) act, 2019, elaborated on the requirement of the existence of a prima facie case under section 18 of the act, 1989 for the bar of anticipatory bail to become applicable, as follows: 25 ..... proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.21. ..... in 431 bc, an athenian statesman described that the concept of liberty was the outcome of two notions, firstly, protection of group from attack and secondly, the ambition of the group to realise itself as fully as possible through the self-realisation of the individual by way ..... , this court observed that if the complaint does not make out a prima facie case for applicability of the provisions of the act, 1989 then the bar created by sections 18 and 18-a(i) shall not apply and thus the court would not be precluded from granting pre-arrest bail to the accused persons.36. justice ravindra bhat, in his concurring judgment, observed that while considering any application seeking pre-arrest .....
Tag this Judgment!Court : Supreme Court of India
..... the national commission for protection of child rights constituted under section 3, or as the case may be, the state commission for protection of child rights constituted under section 17, of the commissions for protection of child rights act, 2005 (4 of 2006) shall, in addition to the functions assigned to them under that act, also monitor the implementation of the provisions of this act in such manner as may ..... as well as article 9 of the council of europe convention on cyber crimes which states as under: - each party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: (a) producing child pornography for the purpose of its distribution through a computer system; (b) offering or making available child pornography through a computer system; (c) distributing ..... the limitations in law in dealing with acts that undermined the dignity and autonomy of women and children, ranging from behaviour that is now termed stalking to pornography, or physical contact, and associated acts, which were not the subject matter of any penal law, were recognized and appropriate legislative measures adopted, ..... unequal balance of power leading to the gruesome act may also detriment the mind of the child to believe that might is right and reported studies establish that children who have been victims of sexual violence in their childhood become more abusive later in .....
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