Court : Supreme Court of India
..... it raises an important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence of all kinds. ..... fact, in her submission, the said expression goes contrary to the object of the act, which is to afford the largest possible protection to women from domestic violence by any person, male or female, who happens to share either a domestic relationship or shared household with the said woman. ..... such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. ..... fact, as per the principle settled in the subramanian swamy judgment, the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... , jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.19. .....
Tag this Judgment!Court : Supreme Court of India
..... government by rotation for a period of one year at a time : provided further that not less than one-third of the non-official members nominated under this clause shall be women : provided also that not less than one-third of the non-official members shall be belonging to the scheduled castes, the scheduled tribes, the other backward classes and minorities; (e) ..... implementation in the state; (b) determining the preferred works; (c) reviewing the monitoring and redressal mechanism from time to time and recommending improvements; (d) promoting the widest possible dissemination of information about this act and the schemes under it; (e) monitoring the implementation of this act and the schemes in the state and coordinating such implementation with the central council; (f) preparing the ..... it deals with cases of this court where directions and orders were passed primarily to protect fundamental rights under article 21 of the marginalised groups and sections of the society who because ..... the mahatma gandhi national rural employment guarantee act, 2005 (for short the nreg act ) has a very simple and straightforward preamble which says that it is: an act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage ..... in the absence of sufficient domestic availability of these items, their supply under the public distribution system is difficult to ensure and there are fiscal constraints on .....
Tag this Judgment!Court : Supreme Court of India
..... remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was introduced in the parliament. ..... to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting the communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. 14 ..... sub-section (2) of section 23 is a special provision carved out in this behalf which is as follows: (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 ..... in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. .....
Tag this Judgment!Court : Supreme Court of India
..... domestic violence case no.96 of 2010 under section 12 of protection of women from domestic violence act,2005 pending before the 2nd acjm, ghaziabad and maintenance case no.1 of 2012 pending before 1st additional civil judge, s.d. .....
Tag this Judgment!Court : Supreme Court of India
..... the time of incident and in number of cases she was appointed as protection officer under the protection of women from domestic violence act, 2005. ..... his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. ..... any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. ..... person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat . ..... a careful reading of evidence on record clearly shows that there is no evidence against the appellant from which it can be conclusively inferred by this court that there was any fraudulent or dishonest inducement of the prosecutrix by the appellant to .....
Tag this Judgment!Court : Supreme Court of India
..... husband, the first respondent herein, before the learned magistrate on the ground that the claim preferred under section 12 of the protection of women from domestic violence act, 2005 (for short, the 2005 act ) was not entertainable as she had ceased to be an aggrieved person under section 2(a) of the 2005 act and further that the claim as put forth was barred by limitation; preferred an appeal before the learned additional sessions judge who concurred with the view expressed by the learned magistrate, and ..... in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal (supra) that section 498 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
Tag this Judgment!Court : Supreme Court of India
..... , the |scheduled castes, the | |chief justice of the high |scheduled tribes, other | |court, and shall hold office, |backward classes, minorities | |in the case of an additional |or women: | |or acting judge, as provided |provided further that an | |in article 224, and in any |eminent person shall be | |other case, until he attains |nominated for a period of ..... protection from removal from office except by a stringent process in the cases of judges found unfit to continue as members of the judiciary, protection of salaries and other privileges from interference by the executive and the legislature, immunity from scrutiny either by the executive or the legislature of the conduct of judges with respect to the discharge of judicial functions except in cases of alleged misbehaviour, immunity from civil and criminal liability for acts committed in discharge of duties, ..... in the madras bar association case35, wherein this court had examined the provisions of the national tax tribunal act, 2005, and whilst doing so, had held the provisions of the above legislative enactment as ultra vires the provisions of the constitution, on ..... of guided power, the implementation in concrete terms which would not cause violence to the constitutional mandate; and the effect of accelerated seniority and the conditions prevalent for satisfaction of the conditions precedent to ..... has the right to discuss a bill laid before it is a domestic matter regulated by the rules of the chamber, as interpreted by its .....
Tag this Judgment!Court : Supreme Court of India
..... approval of the board; that the entity having accepted the said term as a condition for obtaining exclusivity is bound by the contractual obligation with the board and is now estopped from challenging the power of the board; that the objects and reasons of the act is to protect interests of the consumers and regard being had to the statutory context when an action is taken, no flaw could be found with the same; that sections 2(i), (m) and ..... board to make regulations qua transportation tariff and any other matter which is required to be or may be specified by the regulations or in respect of which provision is to be made by the regulations; that keeping in view the objective of the act, the regulations permit the board to fix the network tariff and the compression charges and the action of the board so fixing the network tariff and the compression charges cannot be interfered with; and ..... subsidized gas to the authorised entities to ensure that consumers do not have to pay a high cost for both piped natural gas (used for domestic purposes) and compressed natural gas (used for transportation) and has made it mandatory for the respondents to disclose the break up. ..... would defeat the obvious intention of the legislation and produce a wholly unreasonable result we must do some violence to the words and so achieve that obvious intention and produce a rational construction. ..... dealing with the issue of constitutional validity of prevention of food adulteration (eighth amendment) rules, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... like life with sandwiches that is consumed everyday or life is like peeling of an onion , or society is like a stew ; define ideas that can balloon into the sky never to come down; cause violence to logic at his own fancy; escape to the sphere of figurative truism; get engrossed in universal eye for resemblance , and one can do nothing except writing a critical appreciation in his own manner and ..... not trump nor outweigh observance of laws for the prevention of crime or laws for the protection of health or morals; that the limits of artistic freedom are exceeded when the image of a person (renowned or otherwise) is substantially deformed by wholly imaginary elements without it being evident from the work (in the present case from the poem) that it was aimed at satire or some other form of exaggeration; that ..... referred to earlier authorities pronounced by this court, referred to section 13 (2) of the press council act 1978, section 292 of the ipc and section 4 and 6 of the indecent representation of women (prohibition) act, 1986 (for short the 1986 act ) and thereafter proceeded to deal with test of obscenity and in that context observed as ..... it was common ground in the understanding of the domestic courts at all levels that the painting obviously did not aim to reflect or even to suggest reality; ..... . barendt, freedom of speech , (2nd edn, oxford, oxford university press, 2005), p.229, citing the order of the german constitutional court of july 17, 1984 in the street-theatre .....
Tag this Judgment!Court : Supreme Court of India
..... asher, where the learned law lord held: "he must set to work on the constructive task of finding the intention of parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of ..... it also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the government or other appropriate officer a pre-condition for their ..... adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. ..... it is sheer violence to common sense that the legislature intended to punish the corporate bodies for minor and silly offences and extended immunity of prosecution to major and grave economic ..... of this case raises questions relating to one of the two great social evils practiced against the women of this country for centuries. ..... directorate of enforcement, (2005) 4 scc530at page 547, another constitution bench, 40 odd years later, was faced with whether a corporate body could be prosecuted for offences for which the sentence of imprisonment .....
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