Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: mumbai Page 10 of about 122 results (0.095 seconds)

Usha Badri Poonawalla Vs. K. Kurian Babu

Court : Mumbai

Reported in : AIR2002Bom292; 2002(3)BomCR215; (2002)2BOMLR408; 2002(2)MhLj951

..... (for a comprehensive analysis, see 'domestic violence and law : report of colloquium on justice for women-empowerment through law, butterworths india, 2000 edition page xliii). ..... the notification which has been issued by the state government granting an exemption from payment of court fees to a certain class of women litigants is, therefore, designed to ensure that women who are subjected to forms of violence and other situations envisaged in the notification issued under the court fees act have an efficacious remedy of access to justice for redressing their grievances. ..... the exemption notification must, therefore, be interpreted so as to advance and promote the object of ensuring that women who suffer from gender discrimination and violence are not impeded in seeking access to justice by being required to pay upfront, a substantial court fee which few of the class can afford. ..... violence against women takes several forms : rape, child sexual abuse, trafficking in women, domestic violence, pornography, selective abortion of female fetuses and dowry deaths are all forms of violence which denigrate the dignity of women. ..... the constitution places a significant degree of importance upon preserving and protecting the institutions of the judicial arm of the state and the independence of the judiciary. .....

Shree Mahavir Ispat Ltd. and Another Vs. Mohammed Ismail Siddiqui

Court : Mumbai

Reported in : (1997)IIILLJ779Bom

..... to the first respondent by which he was informed that, after receiving his complaint as well as complaints from other workers, the petitioners had taken an explanation-cum-report from the incharge of the rolling mill, foreman ram gopal singh, and according to that they had come to the conclusion that the presence of the first respondent in the plant may create violence and accordingly they were constrained to terminate his services with immediate effect. ..... he contends that in the case of an unfair labour practice complained under the provisions of the act, where the dismissal of a workman is in issue, the mere fact that the domestic enquiry, has been found to be bad or that there was no enquiry, could not per se be the reason for granting relief and that the court must further go ahead and record a finding of want of bona fides or ..... has been charged with an unfair labour practice of dismissal or discharge of a workman for patently false reasons, it is not enough for the labour court to hold that the order of dismissal or discharge was wrong or that the domestic enquiry had become vitiated for some other reasons. ..... similarly in the present case the labour court was entitled to see whether the act of the dismissal of the respondent by the petitioner amounted to an unfair labour practice under one or the other clause of item 1 of sch. ..... barring over-riding circumstances, failure to hold a domestic enquiry indicates lack of bona fides. .....

Fram Nusservanji Balsara Vs. State of Bombay and anr.

Court : Mumbai

Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

..... .the state, within the limits we have stated, must decide upon the measures that are needful for the protection of its people, and, having regard to the artifices which are used to promote the sale of intoxicants under the guise of innocent beverages, it would constitute an unwarrantable departure from accepted principle to hold that the prohibition of the sale of all malt liquors, including the beverage in question ..... not below the rank of the commissioner and collector and any police-officer not below the rank of the superintendent; of police in greater bombay or the deputy superintendent of police elsewhere, if be is satisfied that any person is acting or is likely to act in a mariner which amounts to a preparation, an attempt, an abetment, or a commission of any of the offences punishable under section 65 or 68, to arrest or cause to be arrested such person without warrant and to direct that such person ..... there it was held that a foreign corporation could not be deprived of the equal protection of the laws by statutes permitting it to be sued in any county in the state, while suits against domestic corporations and individuals could be brought only in counties where they were found or did ..... anarchy was defined as the doctrine that organized government should be overthrown by force or violence or by assassination of the executive bead or of any of the executive officials of government ..... a new york statute prohibiting employment of women in restaurants of large cities between the .....

Smt. Sheetal W/O. Hitesh Thawkar Vs. Hitesh S/O. Vijay Thawkar and anr ...

Court : Mumbai Nagpur

..... 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the ..... contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim ..... 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... 29 of the act of 2005 mainly on the ground that the summons of the divorce proceedings in the family court were served at sahakar apartment, nagpur upon ..... the act of 2005. 13 ..... the act of 2005. ..... is to provide protection to the woman/complainant speedily under the act. ..... section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent as the case .....

Sanjiv Gajanan Punalekar and ors. Vs. Union of India and ors.

Court : Mumbai

..... of the preamble to the said declaration and articles 4(5) and 5(1) of the declaration read as under:- "considering that the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of states ..... matric scholarship for studies in a government or private school from class i to class x, is to be given to a student - i) who is from a minority community as notified under section 2(c) of the national commission for minorities act, 1992; ii) who has secured at least 50% marks in the previous final examination; and iii) whose parents/guardian are having annual income from all sources not exceeding rs.1 lakh 30% scholarships are ..... for their families by working in karkhanas (small workshops), as domestic help or by looking after their siblings while their mothers go ..... backward class of citizens or for the scheduled castes and scheduled tribes, and clause (3) of the same article permits the state to make any special provision for women and children, no such special provision can be made in favour of any particular religious community. ..... the high level committee headed by justice rajender sachar which was appointed by the government of india (prime minister's office) notification dated 9th march, 2005 to prepare a report on the social, economic and educational status of muslim community in india. ..... incident of communal violence parents pull out their girls from school fearing their .....

Mr.ishpal Singh Kahai Vs. Mrs.Ramanjeet Kahai

Court : Mumbai

..... passed.2.though the petition is not expressly stated to be filed under the provisions of the protection of women against domestic violence act (dv act), the substantial interim reliefs are available to the wife under it and it is gratifying to note that the learned judge has impliedly treated the interim application as one also under the dv act and granted reliefs.3.the wife s essential case is that her husband is an inveterate and ..... therefore, expressly excludes the consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct of the respondent which:(a) harms or injures or endangers the health, safety, life ..... under section 1(1) of the said act, an injunction could be issued restraining the other party from molesting the applicant or her children as also from excluding the other party from the matrimonial home or any part thereof and from permitting the applicant to enter into the matrimonial home or any part thereof.under section 2 of the said act, where an injunction restraining violence or excluding the other party is ..... appi reddy 2005 3 scc 313, since prior to the enactment of the dv act, in this case the wife has claimed and been .....

Biwater Penstocks Ltd. Vs. Municipal Corporation of Greater Bombay, an ...

Court : Mumbai

..... may be justified in remitting the matter if the arbitrator leaves any of the matters undetermined or a part of the matter which had not been referred to and answered and that part cannot be separated from the remaining part, without affecting the decision on the matter, which was referred to arbitration or the award is so indefinite as to be incapable of execution or that the award is erroneous on the ..... the judgment of the supreme court in the case of orissa mining corporation (supra) is concerned, it was in connection with the proceedings under section 20 of the act of 1940 wherein it is held that when an agreement is filed in court and order of reference is made under section 20 (4) of the act of 1940, then the claim as a result of the order of reference is limited to a particular relief and the arbitrator cannot enlarge the scope of the reference and ..... if the application for remittance filed by the claimants invoking jurisdiction of the court under section 16 is examined from the aforesaid standpoint and if the order of the learned civil court, remitting claim item 1 is tested in the light of the discussions made above, the conclusion is irresistible ..... wherein it is held that the domestic tribunals are required to follow the ..... of jurisdiction in the arbitrators will be clear from the scheme of the act. ..... (2005) 9 scc 686 clearly held that it is open to the parties to enlarge the scope of reference by inclusion of fresh disputes and they must be held to have done so when .....

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... (1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 18 wp-6625 dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic ..... came to be amended under section 3 of the domestic violence and matrimonial proceedings act, 1976. ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the d.v. .....

Subodh Prasad Urf Anil Chotu Jagdish Mahato, Vs. Jagbir Singh Darbara ...

Court : Mumbai

..... i produce the following proof in support of my statement, and give particulars of the same as below:(rent bills of place of residence)(ration card)(rent bills of place of business)(deed of partnership or other documents relating to business) (certificate from the employer)(certificate of amount in the provident fund )(title deeds of properties)(municipal bill of the properties )(bank pass books)(income tax payment receipts)(other proof) :as per sub-rule 5a of rule 14, i have furnished one ..... abscondence of accused due to furnishing of bogus surety or surety, bond by a stock surety, in addition to the proof as mentioned in sub-clause 3 of the format of application of surety, the surety, in all cases under the ndps act, the cases in which offence is serious and sentence provided is more than 10 years imprisonment or the cases under the special enactment like pota/mocca etc. ..... writ petition no.2343 of 2009 is concerned, the petitioner therein has been convicted vide judgment of the sessions court at sewri, mumbai dated 29th december 2005 for offence punishable under section 302 of the indian penal code and is undergoing sentence of life imprisonment at kolhapur central prison. ..... is also from jharkhand and is presently working only as a domestic servant in bandra ..... article 14 protects all indians qua indians within the ..... (8) prisoners convicted of offences of violence against person or property committed for political motives, unless the prior consent of the state government to such release .....

Sau. Manda R. Thaore W/O Sh. Ramaji Ghanshyam Thaore Vs. Sh. Ramaji Gh ...

Court : Mumbai

order(i) criminal revision application no. 317/2006 is dismissed.(ii) respondent is directed to pay costs of rs. 15,000/- (rupees fifteen thousand only) to the applicant - manda within a period of four weeks from today, failing which the same shall be recovered by the family court by adopting procedure for recovery of fines.