Court : Mumbai
Reported in : 2009(111)BomLR2507
..... right of the contractor to market the gas under provisions of the psc is subject to the restrictions contained in the psc and the decisions taken by egom on pricing and utilization of gas.v) the gas has to be marketed domestically and in accordance with the government policy on utilization of natural gas and approval of price formula / basis.vi) based on the above requirements, the contractor did approach the government of india for approval of the price ..... the basis of finalizing an agreement between the parties as contemplated under clause 19 of the scheme to arrive at a suitable arrangement which is incorporated in part vi of the scheme of arrangement for demerger under sections 391 - 394 of the companies act, 1956 - sanction by the court - particularly clause 19 of the scheme relates to the agreements and specifically mentions that the resulting companies will have the right to use the 'reliance' brand and logo and suitable ..... the principle that equity regards as done what ought to have been done, shri anil ambani was deemed to be in management and control of rnrl from 1st september, 2005 and hence, an agreement with rnrl ought to have been with rnrl being under actual management and control of shri anil ..... submitted by the additional solicitor general of india that the fact that petroleum operations are to be carried out in a manner with due regard to concerns in respect of protection of the environment and for this purpose, the directions of the government are to be complied .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR486
..... to the right of residence, which is implicit in her right of maintenance, as a wife, under section 17 of the protection of women from domestic violence act, 2005 (the said act).10. ..... right to reside in a shared household -(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. ..... black's law dictionary, 7th edition, 1999 as ' the house where husband and wife live together' the concept of such matrimonial home can also be gathered from the legal provisions granting territorial jurisdiction to court in case of matrimonial disputes - to cite - under section 19 of the hindu marriage act, 1955 the court to which a petition under the act could be presented was, inter alia, the court in which the parties last resided together. ..... when the plaintiffs can show a nucleus of the huf and the acquisition from that nucleus of any of the properties any relief in respect thereof and for the protection of such properties for ascertaining share of plaintiffs no. ..... the plaintiffs in the said flat is required to be protected consequent upon the title of plaintiff no. ..... right to reside in the suit flat under the protection granted by the said statutory possession. ..... wife cannot, therefore, have the right of residence under section 17 of the act in the suit flat in which the parties did not share their residence since .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ889
..... consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules) have been framed under the said act ..... which can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing ..... the prayer in the said application is that the petitioner should be prohibited from committing any act of domestic violence and also from causing any kind of alienation of the said flat and from causing any disposition of the said flat or any encumbrance thereto and from preventing the 2nd respondent from having access to and fro to the said flat and enjoying the said ..... the object of the said act is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR1; 2009(1)BomCR316; 2009(1)MhLj303
..... , in the court of civil judge, senior division at chandrapur, application under section 12 of the protection of women from domestic violence act, vide criminal application no. ..... it is also observed that the chief justice of high court has no power to increase or to decrease the areas in oudh from time to time and after those areas were determined by the chief justice there was no power left with him for changing those ..... applications are filed under section 24 of the code of civil procedure by wives for transfer of hindu marriage petitions filed by their respective husbands (non-applicants) from the places of its institution to the place where they are residing with their parents.in misc. ..... perusal of the case of sunita singh (supra), shows that there, transfer of proceedings was sought from ara, bhojpur to delhi on the ground that wife was living and working in delhi and she would not be in a position to travel up and down to ara, a distance of about 1100 ..... even attention is invited to chapter i rule 5 of the appellate side rules, 1960 to urge that court from which proceedings are sought to be transferred must be subordinate and high court should have power of superintendence on ..... sanjay narendra kumar bhatnagar), request of wife to transfer proceeding from family court at pune to family court at lucknow was granted, after considering that wife was suffering from paranoid schizophrenia and had also undergone treatment therefor.in : (2000)10scc275 (annamma abraham (sherly ..... in 2005 [5] all .....
Tag this Judgment!Court : Mumbai
Reported in : [2008(119)FLR540]; (2009)ILLJ582Bom; 2009(2)MhLj358
..... in the letter dated july 4, 2005, the petitioner informed the court that though the respondent made a statement that he agreed to report for duty with effect from february 18, 2005, he has not done so till the date of the ..... be observed that whether a workman voluntarily remained absent or was terminated is a question that can be answered only from the facts of each case, though the decisions cited on behalf of the respondent no. ..... is taken by the petitioner in the written statement filed on june 21, 2004 and in the letter dated july 4, 2005 which was written in the course of the proceedings after evidence was recorded. ..... in the circumstances, i am of view that the award of the labour court suffers from an error of law apparent on the face of the record and is liable to be interfered with on this ..... be reinstated with full back wages for 20 days in each month with effect from december 20, 2001 till the date of reinstatement and with continuity of service.2 ..... of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under article 226 of the constitution of india and after examining the legality, propriety and validity of the award dated july 30, 2005 passed by the learned 1st labour court at mumbai in reference (ida) no. ..... is for this reason that a domestic enquiry is required to be held ..... work is not true and since the services have been terminated in violation of section 25-f of the act, without notice and without any inquiry, the respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR831
..... the respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house i.e ..... before embarking upon the rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected therewith or incidental ..... the purpose of the act is to provide remedy in the civil law for protection of women from being victimised by domestic violence and to prevent the occurrence of domestic violence to the society.11 ..... court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this court under article ..... learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared household. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ107
..... a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said ..... (2) if the magistrate is satisfied that an application prima facie 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, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the ..... said prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. ..... an affidavit being filed in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... turnover of respondent no 5 for the year 2006 was not furnished it being the middle of the year for the respondent no 5, even then when one compares the concession turnover of the respondent no 5 for the year 2005 with the concession turnover of the other companies who submitted their details for the year 2006 even then the respondent no 5 stands at no 2, the itdc aldeasa consortium stands at no 3 and the petitioner no 1/ari at the ..... respondent, in respect of dealing with tenants in respect of which they have been treated separately and distinctly from other landlords on the assumption that they would not act as private landlords, must be judged by that standard.these observations were made in the context of the provisions of the bombay rents, hotel and lodging houses rates (control) act,1947 whereby exemption from the provisions of the act has been granted to premises belonging to the bombay port trust. ..... ct.18 (1883) 'embedded in our constitutional law' the principal' that the action inhibited by the first section (equal protection clause) of the fourteenth amendment is only such action as may fairly be said to be that of the states. ..... the petitioner and its joint venture partner together have vast domestic and international experience in airport retailing, strong relation and access to international as well as domestic brands and proven track record and providing quality services in duty-free retailing sector particularly in india. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR149; (2008)110BOMLR1797
..... of a daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... he submitted that the protection of women and domestic violence act, 2005 has and can have no application to a ..... invited my attention to the provisions in domestic violence act and submitted, the plaintiff's right as a wife of the defendant to share the home is well protected therein and the defendants have taken possession of the suit premises in flagrant violation of the provisions of the said act. ..... , have unfortunately stooped to forcibly dispossessing the plaintiff by breaking open the front door and entering the suit premises and removing her possession in her absence, have committed several criminal acts and hence the reliefs sought in the motion, deserve to be granted to protect and restore her rights in and to the suit premises. ..... therefore, in my opinion, the provisions of the act of 2005 has and can have no application to a third party, ..... , right of deserted wife to contest the eviction suit was under consideration wherein the supreme court has observed that the tenant cannot by collusion or by deliberate prejudicial act give up the protection of law to the detriment of his family members. ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the plaintiff was out .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)MhLj856
..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to actual registration of the crime under section 498a of the code. ..... the court also stated that the penal provisions of section 498a which are intended to protect women should not be used to harass relatives. ..... the radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the presiding judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary for reaching the correct conclusion to find out the truth and do justice have given rise to various seminal principles which would flow from the judgment of the supreme court in zahira habibulla h.shaikh and anr. v. ..... there is every likelihood that non-exercise of inherent power to quash proceedings to meet the ends of justice may amount to preventing women from settling earlier. ..... that the object of introducing chapter xx-a in ipc is to prevent torture to a woman by her husband or by relatives of her husband, also spelled out the need for caution by adding that a hyper-technical view would be counterproductive and would act against the interests of the women and against the object for which this provision was added. .....
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