Court : Supreme Court of India
..... carrying of any programme on the cable service which: (a) contains an attack on religion or communities or contains visuals or words contemptuous of religious groups or which promotes communal attitudes; 49 (b) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti-national attitudes; (c) criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country; ..... , for the offences under sections 395, 397 and 376 d read with the relevant provisions of the protection of children from sexual offences act, 2012 (for short, pocso act ) and for the trial of the case outside the state and also for registering a complaint against the then ..... court ordered payment of a monthly interim compensation after holding that what was violated was the fundamental right of the women under article 21 and that therefore a remedy can be provided by this court under article 32 even against the ..... that it took an average of five years to get an action in the european court of human rights after all domestic remedies are exhausted and also finding that on an average, the same costed 30,000, a white paper was submitted in ..... , in directing the respondents therein to provide ex gratia 104 monetary compensation to the families of the deceased who have succumbed to the pandemic of covid-19, in view of section 12 of the disaster management act, 2005, relied on article 21 of the constitution. .....
Tag this Judgment!Court : Supreme Court of India
..... article 142(1) of the constitution of india, in view of the settlement between the parties, and grant a decree of divorce by mutual consent dispensing with the period and the procedure prescribed under section 13-b of the hindu marriage act, and also quash and dispose of other/connected proceedings under the protection of women from domestic violence act, 20059, section 125 of the code of criminal 9 for ..... article 142(1) of the constitution, in view of the settlement between the parties, and grant a decree of divorce by mutual consent dispensing with the period and the procedure prescribed under section 13-b of the hindu marriage act, and also quash and dispose of other/connected proceedings under the domestic violence act, section 125 of the cr.p.c ..... beniwal 35, this court has held that reading of sub-sections (1) and (2) to section 13-b of the hindu marriage act envisages a total waiting period/gap of one and a half years from the date of separation for the grant of decree of divorce by mutual consent ..... the power under article 142(1) of the constitution of india, recognising the futility of a completely failed 49 explanation to section 9 of the hindu marriage act, which reads, where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society , partially mitigates the rigors to section 23(1)(a) of the hindu marriage act and, consequently, the fault theory .....
Tag this Judgment!Court : Supreme Court of India
..... of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by parliament and the state legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence domestic violence, sexual assault, sexual harassment at the workplace, etc. ..... submitted its report16 to the registrar of the respondent no.2 university stating that 18 meetings had taken place in connection with the inquiry that had established sexual harassment of the complaints by the appellant which act amounted to a grave misconduct and was in gross violation of rule 3(1)(iii) of the ccs conduct rules and consequently, recommended termination of his services. ..... it is noteworthy that sub-rule (3) of rule 7 68 the sexual harassment of women at work pace (prevention, prohibition and redressal) act, 2013 page 36 of 59 civil appeal no.2482 of 2014 provides that the respondent shall file his reply to the complaint within a stipulated time along with the relevant documents and give details of the ..... explanation (1) for the purpose of this rule (a) "sexual harassment" includes any one or more of the following acts or behaviour (whether directly or by implication), namely page 29 of 59 civil appeal no.2482 of 2014 (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome .....
Tag this Judgment!Court : Supreme Court of India
..... apart from that, there is a complaint filed by her under the protection of women from domestic violence act, 2005 which is also pending in the court of the judicial magistrate at solan. ..... criminal case which is fixed in the other matters pending in the courts at solan, himachal pradesh; and (iv) on a formal application being made by the respondent-husband, the transferee court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said court passes an order requiring his personal presence, he shall personally remain present in the court. ..........................j. ..... moreover, in a criminal case arising out of matrimonial dispute, the court can always grant exemption from personal appearance to the accused and his presence transfer petition (c)no.1770/2021 4/7 can be procured only when it is absolutely necessary. ..... the wife transfer petition (c)no.1770/2021 1/7 has filed a maintenance petition under section 18 of the hindu adoption and maintenance act, 1956 which is pending before the additional district judge at solan, himachal pradesh. ..... this court noticed that that apart from the husband, there were other accused in the case which were not made parties to the transfer petition. ..... in exceptional cases where the facts are glaring, a departure can be made from this normal rule.7. .....
Tag this Judgment!Court : Supreme Court of India
..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is ..... about two decades ago, the protection of women from domestic violence act 2005 was enacted to protect the rights of women who were survivors or victims of domestic violence, either by their husbands or the relatives of ..... the protection of women from domestic violence act, 2005 which was for the purpose of more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within ..... for example, the law penalises the husband and his family members if they treat the wife cruelly, including demands for dowry.116 similarly, the protection of women from domestic violence act 2005117 penalises persons for domestic violence in the course of a domestic relationship which has been defined to include marriage.118 the grounds for divorce prescribed in various marriage laws also regulate the conduct of parties because their actions during the sustenance of a marriage may be .....
Tag this Judgment!Court : Supreme Court of India
..... , the protection of women from domestic violence act, 2005, hindu marriage act, 1955 and hindu adoptions and maintenance act, 1956, and criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance ..... this court even requested the national legal services authority to submit a report on the suggestions received from the state legal services authorities for framing guidelines on the affidavit of disclosure of assets and liabilities ..... by the high court shows that the amount of maintenance awarded to the appellant was reduced from 20,000/- to 7,500/- per month, merely noticing that earlier, the respondent was in business ..... child/children or any other dependent family member is suffering from life-threatening diseases, which would entail expensive and regular ..... in foreign currency of such applicant/spouse, duly supported by relevant documentation of employment and income from such foreign employer or overseas institution by way of employment letter or testimonial from foreign employer or overseas institution or latest relevant bank statement.3. ..... at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son pranav till he ..... i understand that any false statement in this affidavit, apart from being contempt of court, may constitute an offence under section 199 read with sections 191 and 193 of the indian penal code punishable with imprisonment up to seven years and 13 .....
Tag this Judgment!Court : Supreme Court of India
..... of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by parliament and the state legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence domestic violence, sexual assault, sexual harassment at the workplace, etc. ..... the fact that the present civil and penal laws in india do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, it is necessary and expedient for employers in workplaces as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women:1. ..... that case was whether the superior court having the power to issue a writ of certiorari, if it appeared to it that the decision of the auditor in regard to disallowances and surcharges, under the public health act, 1875, was erroneous, could review the same only when such decision was erroneous in point of law and not when the auditor had come to an erroneous conclusion in fact. ..... chairperson of the frontier level complaint committee was junior in the rank to the applicant, inasmuch as the applicant got promotion in the rank of area organizer on 22.12.2005, whereas the chairperson was promoted to the rank of complainant, which is not prescribed as per standing operating procedure of the department. .....
Tag this Judgment!Court : Supreme Court of India
..... no.12 of 2014 4 m.c.no.4 of 2014 5 protection of women from domestic violence act, 2005 6 judicial magistrate, pudukottai 7 crl.m.p. ..... it is always good for the upbringing of the child that he has love and affection of both the parents, but some how in the case in hand for the reason, we do not wish to go into, the child from the initial time remained deprived of that love and affection of the mother. ..... we do not wish to go into the reasons behind that but the fact remains that from the very beginning he is living with the father-appellant. ..... report dated 19.11.2020 was received from the mediator stating that the respondent was not ready to mediate and the child, who had completed nine years and nine months as on that date, was not willing to go with the mother.6. .....
Tag this Judgment!Court : Supreme Court of India
..... criminal writ petition no.305 of 2013 filed by one of the co-accused ramesh rupabhai in the year 2013 before the bombay high court seeking a direction for transfer of the convicts from maharashtra jail to gujarat jail, the reference to the order of the gujarat high court dated 17.07.2019 dismissing the writ petition filed by respondent no.3 herein directing him to approach ..... been convicted and sentenced, that is to say, the transferor state and not the transferee state where the prisoner may have been transferred at his instance under the transfer of prisoners act; and (4) that where the transferee state feels that the accused has completed a period of 20 years it has merely to forward the request of the prisoner to the concerned ..... court as well as the constitutional mandate to protect the fundamental rights of women, particularly when they are victims of sexual violence in relation to ethnic conflict ..... . that it is settled law that the exercise of power under section 432 of the crpc is an administrative act which neither retracts from a judicial order nor does it wipe out the conviction of the accused and is merely an executive prerogative exercised after the judicial function in a criminal ..... fundamental values, making the former non-derogable and a part of domestic law even if not explicitly codified ..... charges were framed on 13.01.2005 amongst others against the eleven convicts for the commission of offences under sections 143, 147, 302, 376(2)(e) and (g) of the indian penal code, .....
Tag this Judgment!Court : Supreme Court of India
..... example, there are many legislations like the hindu marriage act, 1955, the protection of women from domestic violence act, 2005, the negotiable instruments act, 1881 etc which prescribe specific time limits for the ..... a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next ..... courts, while passing orders of stay in serious cases like the offences under the pc act or serious offences against women and children, must be more cautious and circumspect. ..... before the high courts or other courts relating to the pc act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on the above parameters. ..... power of doing complete justice under article 142 of the constitution of india are analogous to the constitutional provision as contained in clause (3) of article 2 226 of the constitution of india which has been inserted with effect from 1.8.1979 vide the constitution (forty-fourth amendment) act, 1978. ..... the court was dealing with a petition filed in the high court arising from a prosecution under the pc act. .....
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