Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: kolkata Page 1 of about 12 results (0.099 seconds)

Anita Katyal Vs. State of West Bengal and ors.

Court : Kolkata

..... the petitioner herein takes refuge under the protection of women from domestic violence act, 2005 in a mischievous attempt to stall the respondent bank from exercising its rights under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. ..... by some 2 convoluted logic, which should not be given any degree of respectability by being noticed in detail, the petitioner refers to the definition section of the 2005 act and to sections 17, 19 and 27 thereof to suggest that the petitioner s rights in respect of a property whereat the petitioner is entitled to reside, cannot be trodden over by the borrowers of the respondent bank. ..... in cours.of the petitioner citing the said act of 2005 to save the property that has already been taken possession of by the respondent bank, the petitioner does not leave out the emotional quotient that is so dear to bollywood. ..... no law nor any fact of any relevance has been cited in this petition for the court to depart from the procedure recognised by the said act of 2002 or interdict the steps taken by the bank. ..... the court : this is a disingenuous attempt by persons who obtained money from the bank and think it is their fundamental right not to repay. ..... one partner of the principal borrower firm had instituted proceedings in this court which culminated in the bank being permitted to take steps in accordance with the orders passed by the magistrate under section 14 of the said act of 2002. .....

Manish Kumar Bhattacharyya and Others Vs. Sanhita Bhattacharyya and An ...

Court : Kolkata

..... the complainant/opposite party herein instituted a proceeding under section 12 of the protection of women from domestic violence act, 2005 before the learned judicial magistrate, 5th court, serampore claiming relief of right of residence along with her husband and child at her matrimonial home, that is, at 95/a patuapara lane under ..... under section 23 of the protection of women from domestic violence act. ..... appearing for the petitioners has submitted that the complaint lodged by the wife is not maintainable and the provision of the said act of 2005 will not be applicable against the petitioners herein. ..... she moved an application under section 23 of the said 2005 act for interim relief and that prayer was granted by the ..... das, appearing on behalf of the opposite party has contended that the impugned order has been passed under section 23 of the 2005 act and this is purely interim in nature. ..... act itself does not provide for revision before this honble court, but section 29 of the said 2005 act lays down a provision for appeal against orders passed under the provisions of the said act ..... is at liberty to take steps under section 23 of the 2005 act, if the situation demands. ..... from the provisions of section 29 of the said act, it is clear that an appeal lies against an order passed under section 23 of the said act. ..... , the opposite parties/petitioners herein have filed this application for quashing the said proceeding as well as setting aside the order under section 23 of the 2005 act. .....

Amalendu Bikash Saha and ors. Vs Smt. Kalyani Saha and ors

Court : Kolkata

..... the protection of women from domestic violence act, 2005 has intended to provide for more effective protection of the rights of women guaranteed under the constitution where victims of violence of any kind accruing within family and for matters connected therewith or incidental thereto. ..... kalyani saha filed an application under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under sections 18, 19, 20 and 22 of the said act along with an application under section 23 of the said act for interim reliefs. ..... from the rival contention of all the parties it appears that the following points need be considered: a) whether deceased brothers wife can claim any relief or maintenance as well as share in the joint inherited property from the surviving brothers-inlaw under section 12 of the protection of women from domestic violence act, 2005 to be read with sections 3(iv), 18, 19 and 20 of the said act; and b) whether the learned first revisional court is justified in passing the impugned order or not. 6. ..... much emphasis upon hyper-technical aspect of the format of the application of a deserted widow should be avoided to grant relief for her survival which was the object of the legislature in enacting this special law for protection of women from domestic violence. ..... joyeeta adhikary, protection officer, who has recommended for extension of effective protection to the women being victim of domestic violence. .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such an allegation ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....

Nityananda Das at Chantu Das Vs. State of West Bengal and anr.

Court : Kolkata

..... c/9/10 under section 12 and 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act), alleging that she was married with the o.p ..... admittedly, the protection of women from domestic violence act, 2005 came into force on 26.10.2006 vide s.o ..... c/09/10 under section 12 and 23 of the protection of women from domestic violence act, 2005. 2. ..... in view of my above discussion, i have no hesitation to hold that continued deprivation of economic or financial resources and continued prohibition or denial of access to shared household to the aggrieved person is a domestic violence and the protection under the domestic violence act will be available to the petitioner, who was driven out from her husbands shared household prior to coming into effect of the domestic violence act, as the deprivation continued even after the act came into force. 12. ..... denial of access to shared household to the petitioner took place prior to coming into force of the domestic violence act, but such denial continued even thereafter. ..... the learned magistrate vide order dated 11.01.10 passed an order prohibiting the respondent from committing any act of domestic violence upon the petitioner and from alienating any assets of the petitioner including the articles which were given to her at the time of ..... as the act complained of by the petitioner is a continuing breach of legal right as envisaged in the domestic violence act, there is no question putting a halt to the relief sought .....

Ashish Bhowmik and anr. Vs. Tapasi Bhowmik and anr.

Court : Kolkata

..... on the other hand, the wife has no independent source of income and so she has prayed for protection in accordance with the provisions of the sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005. ..... upon consideration of the materials placed before her along with the report of the protection officer, the learned chief judicial magistrate directed the petitioners to provide residential accommodation to the wife and her daughter in their shared house. ..... the learned chief judicial magistrate directed the protection officer to submit a report on the basis of the allegation made by the wife and the protection officer held an enquiry and thereafter he submitted a report. ..... as regards other claims, those are to be decided separately and one litigation is pending as i find from the materials available.5. ..... 15,000/- per month from her properties. .....

Smt. Mira Das Vs. Ms. Dipali Dey (Baxi)

Court : Kolkata

Reported in : (2008)2CALLT269(HC)

..... drew the attention of this court to paragraph 29 of the said reports while submitting that the opposite party is entitled to take shelter under the provisions of the protection of women from domestic violence act, 2005. ..... of 2001) against the petitioner praying for a declaration that the plaintiff/opposite party is a premises tenant in respect of the suit property under the defendant/petitioner, permanent injunction restraining the petitioner from dispossessing the opposite party from the suit property and/or creating any hindrance, obstruction in the peaceful possession of the opposite party and for mandatory injunction directing the petitioner to restore water and electric supply line in the suit ..... in view of the discussions made above, this court is of the view that the learned lower appellate court acted illegally and with material irregularity in dismissing the appeal and thereby affirming the order of the learned trial court which directed the petitioner to restore the supply of electricity to the suit ..... appears that some of the provisions of the hindu adoption and maintenance act, 1956 were also considered by the hon'ble supreme court. ..... it further appears from a perusal of the facts, as contained in the said reported case, that the matrimonial court concerned, in the said reported case, while dissolving the marriage under section 13(b) of the hindu marriage act, 1955 ordered the husband of the appellant to pay a certain sum of money per month for the maintenance of the minors .....

Poonam Kejriwal Vs. Bhagwandas Auto Finance Ltd. and ors.

Court : Kolkata

Reported in : AIR2009Cal221

..... she had already filed proceedings under the protection of the women from domestic violence act, 2005 and has obtained an order against her husband and other members of his family from disturbing her possession in the suit flat ..... . the attention of the said bench consisting of two judges was drawn to the earlier decision of a larger bench in the case of metro marins air 2005 sc 1444 (supra), in support of the plea that such order could not be passed when the bench answered in the following terms as would appear from paragraph 8 of the judgment.before parting with this order, it would be necessary for us to refer to a decision of this court in the case of metro marins and ..... . reported in : (2004) 7 scc 478 : air 2005 sc 1444 a three-judge-bench of that court had occasion to consider whether in a case of recovery of possession from a licensee after the expiry of the alleged licence, the court can direct a receiver already appointed in the suit to take symbolic possession and to put the plaintiff into possession under the authority of the ..... secondly, it appears from the decision in the case of purushottam das bangur (supra), that in that case no proposition of law was laid down as to whether in a suit for eviction of a tenant if the tenant encroaches the property of the landlord which is not the subject-matter of the tenancy, a court dealing with such suit can in addition to any amount equivalent to the rent last paid by the tenant in terms of the west bengal premises tenancy act can .....

Manish Dogra Vs. Anima Rani Sinha

Court : Kolkata Appellate

..... petitioner has been depositing monthly rent in the office of the 1st court of civil judge (junior division), before whom the suit is pending, in the name of his deceased father since march, 2005 and that an order ought to be made permitting correction of the said challans treating the rent to have been deposited by the petitioner, and not his deceased father. ..... established that the error was bonafide but deliberately designed to harass the landlord to prevent him from withdrawing rent or otherwise, the trial court would be justified in ordering rejection of the prayer ..... suit, the petitioner filed an application under section 151 of the code of civil procedure read with sections 24, 39 and 44 of the west bengal premises tenancy act, 1997 (hereafter the 1997 act) and rule 20 of the west bengal premises tenancy rules (hereafter the rules). ..... in the instant case, apart from the fact that the deposits were in court under section 17(1) of the act, there is no such finding against the defendant and, accordingly, amiya prova das guptas case (supra) ..... if indeed a deposit has been made in court in terms of section 7(1) of the 1997 act mentioning incorrect particulars on refusal by the landlord to accept rent when tendered in accordance with law, but there is material to hold that such incorrect particulars were mentioned due to bonafide errors, there is no ..... death on february 26, 2005, the petitioner has been substituted in the suit as defendant on december 7, 2005, his mother having predeceased .....

Mihir Kumar Talukdar Vs. Pradip Kumar Sengupta and ors.

Court : Kolkata Appellate

..... not affect in any manner the right of the other plaintiff to relief on establishment of the plaint case, there is no reason as to why the plaintiff seeking to abandon his claim in the suit, or withdraw from the suit without asking for permission of the court to file a fresh suit, should be made to continue lending his name in the proceedings as plaintiff or as a transposed defendant only because the co-plaintiff does not ..... supra), a division bench of this court was considering whether order 23 rule 1(4) of the code, as it then stood, prevented some of the plaintiffs in the suit to withdraw themselves from the suit without the consent of the rest and further as to whether apart from rule 1(4), the court was competent, in the interest of justice, to refuse one of several plaintiffs to withdraw or impose other restriction on him if such course is prejudicial to the interest ..... judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they ..... 2005 and the same shall be transmitted to the trial court without any delay whereupon the trial court shall proceed to consider the petitioners prayer in accordance with law and dispose of the same as early as possible, but not later than a month from the date of receipt of the records from ..... must not alter the material of which the act is woven, but he can and should ..... save the judges trouble if acts of parliament were drafted with divine ..... the draftsmen of acts of parliament have .....