Court : Supreme Court of India
..... directions in some cases as in the case of vishaka (supra) had continued for long till the enactment of the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 because the legislature (it would also include the executive) impliedly and tacitly had accepted the need for the said legislation even if made ..... what can be strictly construed as pure interpretation or judicial review but this has been in cases where the constitutional courts, on the legitimate path of interpreting fundamental rights, have acted benevolently with an object to infuse and ardently guard the rights of individuals so that no person or citizen is wronged, as has been observed in paragraph 46 of the judgment of dipak misra, cj ..... rights of arrested persons including female prisoners to afford them protection in police lock-ups from possible torture or ill-treatment. ..... 10 scc144(1994) 2 scc8045(2004) 5 scc51846air1994bom 323 ma no.2560 of 2018 in wp (c) no.738 of 2016 page 42 of 48 written by a journalist complaining of custodial violence suffered by women prisoners in police lock-ups in the city of bombay, this court in sheela barse v. ..... to efficiently discharge all obligations emanating from treaties/ agreements, such ratification should be undertaken only after relevant domestic clauses have been amended and the enabling legislations enacted when there is absence of domestic law on the subject. ..... constitutional imperative of aligning domestic laws with international law and .....
Tag this Judgment!Court : Supreme Court of India
..... this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005. ..... , the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... behalf to the landlord and the tribunal in the prescribed manner within the period specified in that sub-section: provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the tenancy and agricultural lands laws (amendment) act, 1969) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right ..... application of the aforesaid severability principle would make it clear that having struck down the expression adult male in section 2(q) of the 2005 act, the rest of the section is left intact and can be enforced to achieve the object of the legislation without the offending words ..... of this court have referred to the fact that the equality before law concept has been derived from the law in the uk, and the equal protection of the laws has been borrowed from the 14th amendment to the constitution of the united states of america. ..... therefore, strike down the words adult male before the word person in section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act. .....
Tag this Judgment!Court : Supreme Court of India
..... domestic help or indulging in domestic violence would certainly not be entitled to ..... the commissioner, a magistrate, police officer or reserve police officer or other person, or of a wrong alleged to have been 8 done by such commissioner, magistrate, police officer or reserve police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit ..... being p.c.r no.17214 of 2013, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963, as amended by the karnataka police (amendment) act, 2013, and if not, whether the high court should have quashed the impugned order of the magistrate concerned, instead of remitting the complaint to the magistrate concerned ..... (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction- (a) in the case of a person who is employed or, as the ..... [(2005) 1 scc122 this court has held that the power under section 482 of the code should be used sparingly and with circumspection to .....
Tag this Judgment!Court : Supreme Court of India
..... finding that the effect of dumped imports in the absence of provisional duty would have led to injury, the anti- dumping duty may be levied from the date of imposition of provisional duty; (b) in the circumstances referred to in sub-section (3) of section 9a of the act, the antidumping duty may be levied retrospectively from the date commencing ninety days prior to the imposition of such provisional duty: provided that no duty shall be levied retrospectively on imports entered for ..... 2018, directing the designated authority to consider the applications dated 5 18.10.2016 and 02.12.2016 afresh, after evaluation of the entire information placed before him in accordance with the provisions of the customs tariff act, 1975 and the rules of 1995, more particularly rules 2(b) and 2(d) of the rules of 1995 and pass appropriate orders within a time frame. ..... (2005) 3 scc33715 the right of exporters from other countries to sell their products within the country with the interest of the domestic ..... it was argued lastly that the choice of an officer acting as da is left to the discretion of the central government and the circumstance that the incumbent to that office sought to "enlarge the period of investigation was not a justifiable reason for directing his ..... telangana high court, complaining that its two applications, dated 18.10.2016 and 02.12.2016 had not been duly considered in accordance with provisions of the customs tariff act, 1975, especially rules 2(b) and 2(d) of the rules of 1995. .....
Tag this Judgment!Court : Supreme Court of India
..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... the broad and inclusive definition of the term shared household in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.75. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant also instituted an application under section 12 of the protection of women from domestic violence act 2005, which is pending in the court of the metropolitan magistrate at ..... that she has been compelled to leave the matrimonial home due to domestic violence and abuse. ..... to singapore where she is employed and resides; 12 (iii) the appellant is permitted to make suitable arrangements to facilitate the travel to and admission of the child in a school in singapore; (iv) the respondent shall, within a period of 48 hours from the receipt of this judgment, handover the passport of the child to the appellant; (v) the appellant shall be exclusively entitled to take necessary steps for renewing the passport of the child or, if required, for obtaining a fresh ..... on 1 march 2018, the family court passed an order in ia no.5 filed by the respondent seeking interim custody and visitation rights and directed the appellant or her parents (who had moved from noida to bengaluru to help the appellant with the child) to produce the child before the mediation centre on every third saturday, at 11:00 am to allow for visitation by the respondent till ..... writ petitions were pending, in november 2018, the appellant filed an application (ia no.11) in the proceedings in mc no.4484 of 2016 before the family court under section 26 of the hindu marriage act 1955 to allow the child to travel to singapore during his christmas vacations, commencing on 14 december 2018 and ending on 2 january 2019. .....
Tag this Judgment!Court : Supreme Court of India
..... strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... and the protection of women from domestic violence act, 2005 ( d.v. ..... monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... magistrate must be satisfied that the application filed by the aggrieved woman discloses that the respondent is committing, or has committed an act of domestic violence, or that there is a likelihood that the respondent may commit an act of domestic violence. ..... 22 provides that the magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent. ..... aggrieved person has been defined by section 2(a) to mean any woman who is, or has been, in a domestic relationship with the respondent, and alleges to have been subjected to any act of domestic violence. ..... domestic violence has been defined in section 3 of the act, which includes economic abuse as defined in explanation 1 (iv) to section 3, as .....
Tag this Judgment!Court : Supreme Court of India
..... residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her ..... protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence ..... , parliament enacted a legislation which would provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society . ..... 1 judgment dr dhananjaya y chandrachud, j index a background b submissions c legislative scheme: senior citizens act 2007 d a woman s right of residence: safeguard against domestic violence e harmonising competing reliefs under the pwdv act 2005 and senior citizens act 2007 f summation 2 part a a background 1 the present dispute arises out of an application filed .....
Tag this Judgment!Court : Supreme Court of India
..... routinely denied to dalit women, where their labour was exploited, and no protection available in their places of work, where to be in bondage to a landlord or petty trader was commonplace, and at all times they are viewed as sexually available, and humiliated in their bodily being, sexual violence emerged as not an exceptional act of violence, but the most concentrated expression of a fundamental animus against dalits 46 48 the above discussion highlights the social and economic context in which sexual violence against women from sc & st communities occurs ..... 60 the parliament standing committee report on atrocities against women and children has observed that, high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration and recommends inclusion of provisions of sc & st act while registering cases of 39 part c53gendered violence against women from sc & st communities . ..... mohanty, abuse and activity limitation: a study on domestic violence against disabled women in odisha, available at 20 part c in the same vein, a 2011 study found that 21 percent of the 314 women with disabilities surveyed had faced emotional, physical or sexual violence from 29 someone other than their intimate partner. ..... in 2018, section 376 has been further amended by the criminal law 54 (2005) 8 scc1 44 part c amendment act 2018 (act 22 of 2018) by which the minimum punishment has been enhanced to ten years, with the maximum punishment remaining the same .....
Tag this Judgment!Court : Supreme Court of India
..... sections 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal procedure code applicable. ..... the present proceedings arise out of an application preferred by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act ), which was numbered as d.v.c. ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal21 that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....
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