Court : Rajasthan
Reported in : AIR2008Raj119
..... in spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... i need not to give any catalogue of law enacted for protection of rights of women and in relation to the dispute which may arise out of matrimonial relation (and now, even without having matrimonial lawful relation - see the protection of women from domestic violence act, 2005),21. ..... by several amendments radical changes have been made in hindu personal law which gave several rights to the hindu women including conversion of their limited right to property into full ownership right and now share in the ancestral property by amendment in section 6 of the hindu succession (amendment) act, 2005 by which hindu daughter has been placed at par with hindu son to inherent even coparcenary and ancestral properties. ..... on 9-1-2006, stating therein that section 6 of the hindu succession act, 1956 has been amended with effect from 9-9-2005 and by said amendment, a daughter also has become coparcener and, therefore, became entitled to share in the ancestral property equal to son and section 25 of the hindu marriage act provides that before granting maintenance under section 25, the court should look into 'other property of the applicant' and 'conduct of parties as well as other circumstance of the case. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(1)WLN359
..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant ..... ' as defined under section 2(q) of the act of 2005 reads as follows:'respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... quashed to the extent they relate to withdraw proceedings under the act of 2005 against smt. ..... kumari gayatri being female cannot be a party to the proceedings as 'respondents' under the act of 2005.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1974)IILLJ328Raj; 1973()WLN686
..... make out a case of the breach of section 22, two important requirements have to be set out and proved, namely: (i) that the concern in which a strike took place is a 'public utility service' within the meaning of section 2(n) of the act ; and (ii) that the strike is in 'breach of a contract of service' of the striking workmen both the ingredients are missing in the charge-sheets served upon the workmen.26. ..... in the background of this statement of law, it has to be examined if the tribunal was right in its interference with the decision of domestic enquiry, iris conceded by mr, mridul that there is good evidence in all the cases of the six workmen to support the finding of strike ..... the reading of the entire decision of the supreme court the following principles also emerge and they are stated as follows:(1) if no domestic enquiry has been held or if the management makes it clear that it does not rely upon any domestic enquiry held by it is straightaway entitled to adduce evidence in support of the action proposed to be taken. ..... there is no evidence that any of these six workmen used force, or committed violence, or caused any obstruction in bringing about the strike among the employees of the ..... the domestic enquiry which held them guilty for the illegal strike did not as well mention in the enquiry report that the concerned workmen were the employees in the public utility service the result of the enquiry, therefore, suffers from a basic error, which is apparent on the face of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1407
..... operative part of order dated 13th may, 2005 reads as follows:in order to combat the increasing crime against women and to ensure protection and preservation of their human rights the criminal justice system needs to be addressed from the point of view of systematic victim support ..... we are of the view that there is no purpose of enacting law after law and pronouncing judgment after judgments in defence of dignity and protection of human life particularly with respect to offences against women, if the implementation is in the hands of a justice system, particularly the role of the executive which is not sensitive or their reacting instinct has ..... considering that the constitutional courts vested with powers under article 226 of the constitution of india can no more be a silent spectator in the matter of violent crimes against women and wait for its turn for dispensation of justice, this court took suo moto cognizance of the incident and by ad-interim order while directing for speedy investigation also directed the ..... be taken to remove all references derogatory to the dignity of women from all public documents and legal instruments ..... directed that the state government will take steps to effectively deal with, to eliminate incidence of all forms of violence against women physical and mental, whether at domestic or societal levels, including those arising from customs, traditions or accepted practices ..... such cases are closely analysed, the act constitutes an offence of kidnapping for ransom .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1794; RLW2006(3)Raj2090; 2006(2)WLC529
..... the domestic violence has also been covered under the indian penal code by ..... against 12 accused persons could not be initiated as the main accused nehru ram was still absconding ultimately, he was nabbed by the rajasthan police at chennai on 19-2-2005, now all the remaining accused persons are facing trial in the court of additional sessions judge (fast track), bikaner.4. ..... various statutory and non-statutory bodies to take care of women's right, may be right to health, right to privacy, right to job and protection against sexual harassment. ..... that captors got the message that they will not be able to enjoy further protection as such, decided to produce her in court under a protective plan ensuring that she does not divulge truth and they get her custody back from court. ..... the panchayat the father of the girl citing the example of the present incident refused to act on the instructions of the panchayat and the girl is living happily with her husband.9 ..... in order to ensure that she was not under the influence of the persons from whose custody she had come, gave some time for reflection. ..... from the fundamental right of a woman of right to life, to live with dignity free from cruel degrading treatment, there is also a duty cast on every citizen by article 51(e) of the constitution to renounce practices derogatory to the dignity of women ..... view taken by this court in the matter had a salutary effect in the society, which is evident from the averments made in para 16 of the statement of mst. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... , victims of rape and domestic violence etc. ..... which may make known the identity of the victim if such printing or publication is -- a) by or under the order in writing of the officer in charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation: orb) by, or with the authorization in writing of the victim; orc) where the victim is dead or minor or of unsound mind, by or with the authorization in writing of, the next of kin ..... in order to combat the increasing crime against women and to ensure protection and preservation of their human rights, - the criminal justice system needs to be addressed from the point of view of systematic victim support ..... in order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident, by order dated 13.5.2005, we ordered as follows:'2. ..... rape on a foreign lady tourist in the intervening night of 11th and 12th may, 2005 reported in the regional newspapers evoked the judicial conscience to take suo moto cognizance, considering that the constitutional courts vested with the powers under article 226 of the constitution of india, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant .....
Tag this Judgment!