Court : Supreme Court of India
..... vkv sarma,26 this court observed that the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is defined by the use of the term means . ..... in addition to the above, it has also to be noticed that the objects for which the tamil nadu act, the maharashtra act and the pondicherry act were enacted, are identical, namely, to protect the interests of small depositors from fraud perpetrated on unsuspecting investors, who entrusted their life savings to unscrupulous and fraudulent persons and who ultimately betrayed their trust.51. ..... act 1999 31 the goa protection of interests of depositors (in financial establishments) act 1999 32 the telangana protection of depositors of financial establishments act 1999 33 the andhra pradesh protection of depositors of financial establishments act 1999 34 the sikkim protection of interests of depositors (in financial establishments) act 2000 42 deposit, dealership deposit or an advance amount is excluded from the definition of the phrase deposit . ..... 6 the high court s judgment...................................................................71 2 1 the appeal arises from a judgment dated 22 august 2019 of the bombay high court, by which certain notifications attaching the property of the respondent under section 4 of the maharashtra protection of interest of depositors (in financial establishments) act 19991 have been quashed. .....
Tag this Judgment!Court : Supreme Court of India
..... with the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... learned amicus curiae for the appellant-aggrieved person referred to rule 5 of the protection of women from domestic violence rules, 2006 (for short, the d.v. ..... act has been enacted to protect a woman from domestic violence and there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the d.v ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household ..... whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... act is a piece of civil code which is applicable to every woman in india irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the constitution and in order to protect women victims of domestic violence occurring in a domestic .....
Tag this Judgment!Court : Supreme Court of India
..... , under section 12 of the protection of women from domestic violence act, 2005, pending before the judicial magistrate court (mahila court), madurai, state of tamil nadu to the competent judicial magistrate court at bangalore, state of karnataka.3. ..... under section 406 of the code of criminal procedure, 1973 read with order xxxix rule 1 of the supreme court rules, 2013 seeking transfer of criminal proceedings being c.c.no.631 of 2014, titled as the 2 inspector of police, all women s police station, madurai south vs. .....
Tag this Judgment!Court : Supreme Court of India
..... prashant ojha1 observed: this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant . ..... , the protection of children from sexual offences act, 2012 (for short pocso act ), has been throttled at the threshold by the exercise of power under section 482 of the code of criminal procedure, 1973 (for short cr.p.c. ..... articles 3 (2) and 34 of the convention have placed a specific duty on the state to protect the child from all forms of sexual exploitation and abuse.15. ..... be that as it may in view of the decision in shankar kisan rao khade s case (supra) holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of sections 19(1) and 21 of pocso act, such persons are also liable to be proceeded with, in accordance with law. ..... the said order was challenged before the high court and the high court allowed the appeal and granted him protection from page 6 of 28 arrest. ..... certainly, such provisions are included in with a view to ensure strict compliance of the provisions under the pocso act and thereby to ensure that the tender age of children is not being abused and their childhood and youth is protected against exploitation.12. ..... failure to report regarding the commission of the offence under the pocso act despite knowledge about the same is the accusation against the respondent revealed from the charge-sheet. .....
Tag this Judgment!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 .....
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