Court : Supreme Court of India
..... however, over the years the dominant function of criminal justice is projected to be protecting all citizens from harm to either their person or property, the assumption being that it is the primary duty of a state under ..... are not available for the purpose with the said authority, the state of haryana will make such funds available within one month from the date of receipt of a copy of this judgment and the legal services authority will disburse the compensation within one month thereafter ..... in the united states of america, the victim and witness protection act of 1982 authorizes a federal court to award restitution by means of monetary compensation as a part of ..... medical justice for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs and remedies forged by ..... (1995) 1 scc14is apposite: (scc pp.20-21, para-16) ".16......compensation payable by the offender was introduced in the criminal justice act 1972 which gave the courts powers to make an ancillary order for compensation in addition to the main penalty in cases where 'injury', loss, or ..... which has been quoted with approval in delhi domestic working women's forum v. ..... passed a resolution titled ".basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law, 2005". .....
Tag this Judgment!Court : Supreme Court of India
..... however, over the years the dominant function of criminal justice is projected to be protecting all citizens from harm to either their person or property, the assumption being that it is the primary duty of a state under ..... are not available for the purpose with the said authority, the state of haryana will make such funds available within one month from the date of receipt of a copy of this judgment and the legal services authority will disburse the compensation within one month thereafter ..... in the united states of america, the victim and witness protection act of 1982 authorizes a federal court to award restitution by means of monetary compensation as a part of ..... medical justice for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs and remedies forged by ..... (1995) 1 scc14is apposite: (scc pp.20-21, para-16) ".16......compensation payable by the offender was introduced in the criminal justice act 1972 which gave the courts powers to make an ancillary order for compensation in addition to the main penalty in cases where 'injury', loss, or ..... which has been quoted with approval in delhi domestic working women's forum v. ..... passed a resolution titled ".basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law, 2005". .....
Tag this Judgment!Court : Supreme Court of India
..... this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant.3 ..... on 04.06.2009, the appellant filed a complaint case no.120/4/09 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ).6. ..... (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 respondent. 27 ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... the preamble of the act states that this is an act 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 or incidental thereto. 20 .....
Tag this Judgment!Court : Supreme Court of India
..... this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant.3 ..... on 04.06.2009, the appellant filed a complaint case no.120/4/09 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ).6. ..... (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 respondent. 27 ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... the preamble of the act states that this is an act 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 or incidental thereto. 20 .....
Tag this Judgment!Court : Supreme Court of India
..... iron/steel undertakings, (b) there were large number of projects under implementation whose viability is based on availability of coal as per the then existing policy, (c) competitive bidding would raise the price of domestic coal, which would result in end-use projects in inland states like chhattisgarh becoming unviable due to additional costs by transporting coal by rail/road, and (d) competitive bidding would result in only ..... indicates that it shall be the duty of the central government to take all such steps as will be necessary for the conservation and systematic development of minerals in india and for the protection of the environment by preventing or controlling any pollution which may be caused by prospecting or mining operations and for such purposes the central government may, by notification in the official gazette, ..... 26 coal blocks allocated to private companies pursuant to the recommendations of the screening committee for the period from 04.11.2003 (22nd meeting) and 18.10.2005 (30th meeting), the attorney general submits that the screening committee had devised guidelines to determine inter ..... mining lease does not imply that with the issuance of allocation letter the allocatee automatically gets the clearances and approval required under the 1957 act, the 1960 rules, the forest (conservation) act, 1980 and the environment (protection) act, 1986, etc ..... . similar deviation from auction cannot be ruled out when the object of a state policy is to promote domestic development of .....
Tag this Judgment!Court : Supreme Court of India
..... the complaint, if made, by any woman alleging offence under the protection of women from domestic violence act, 2005 committed by any member of the family, the matter is to be looked upon seriously. ..... (ii) the high court also failed to consider that in the complaint under the protection of women from domestic violence act, 2005, the allegations are identical to the complaint made to the police.9. ..... on 6th april, 2009, the appellant filed a complaint under the protection of women from domestic violence act, 2005 (hereinafter referred to as, the act ) against her in-laws. ..... in the meantime, the appellant filed an application under the protection of women from domestic violence act, 2005. ..... the husband of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent no.3. ..... name of respondent no.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from ludhiana to jalandhar then appellant mentioned his name. ..... the investigating agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. ..... the approval for taking action against the appellant u/s 182 ipc was obtained from ssp, jalandhar in november, 2009.7. ..... after such enquiry, the investigating agency may form a definite opinion and file report but it is for the court to decide finally whether to take cognizance for any offence under any of the provisions of the act.15. .....
Tag this Judgment!Court : Supreme Court of India
..... also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17.05.2012. ..... sister in law gave threat for life on the issue of demand of 10 tola gold, maruti car and 1 lac rupees cash in dowry and have subjected me on physical and mental harassment now i have been harassed from cruelty of members of in laws house and i do not want to enter into any compromise rather i want legal proceeding. 6. ..... you being husband of complainant kirti subjected her to mental and physical torture and harassment from 24.06.2009 to 30.04.2012 in 73 laxmipuri colony indore, making illegal demand of rs.1,00,000/-, car and 10 tola gold as dowry and by beating her caused ..... same is extracted below: sir, in connection with enquiry of reference application both the parties appeared in women police station and statement of both were recorded which are enclosed with enquiry. ..... the first appellant on 16.04.2012 withdrew the application filed under section 9 of the hindu marriage act, 1955, since according to the first appellant the second respondent was not inclined to resume ..... non applicant told in his statement that my domestic life could not run peacefully due to intervention of members of parental house ..... it is seen from annexure-p3-application filed by the first appellant on 14.07.2011 under section 9 of the hindu marriage act, 1955 seeking restitution of conjugal rights that the second respondent had left the matrimonial house on 23.04.2011 and thereafter she had not gone .....
Tag this Judgment!Court : Supreme Court of India
..... to ensure the well-being of animals.4) awbi and governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under sections 3 and 11 of pca act.5) awbi is also directed to ensure that the provisions of section 11(1)(m)(ii) scrupulously followed, meaning thereby, that the person-in-charge or care of the animal shall not incite any animal to fight ..... abwi, a statutory board, established under section 4 of the pca act for the promotion of animal welfare and for the purpose of protecting the animals from being subjected to unnecessary pain or suffering has taken up a specific stand that jallikattu, ..... applies only to urban areas within municipal limits;2) it defines the term animal as meaning any domestic or captured animal and thus contains no provision for prevention of cruelty to animals other than domestic and captured animals;3) it covers only certain specified types of cruelty to animals; and4) penalties for ..... mirzapur moti kureshi kassab jamat and others (2005) 8 scc534 this court held that by enacting article 51a(g) and giving it the status of a fundamental duty, one of the objects sought to be achieved by parliament is to ensure that the spirit and message of articles 48 and ..... is nothing but violence to the dumb ..... , is nothing but violence to these dumb animals for which, to stop the continuation of the same, to prohibit the same, the state government has already taken a decision .....
Tag this Judgment!Court : Supreme Court of India
..... (application no.28957/95 - judgment dated 11th july, 2002), the european court of human rights examined an application alleging violation of articles 8, 12, 13 and 14 of the convention for protection of human rights and fundamental freedoms, 1997 in respect of the legal status of transsexuals in uk and particularly their treatment in the sphere of employment, social security, pensions and marriage. ..... the petitioner in writ petition no.604 of 2013, highlighted the cause of the kinnar community and submitted that they are the most deprived group of transgenders and calls for constitutional as well as legal protection for their identity and for other socio-economic benefits, which are otherwise extended to the members of the male and female genders in the community.9. ..... . non-recognition of the identity of hijras/transgender persons denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by ..... way they behave and acts differs from the normative gender role of a men and women ..... certainly, if the indian law is not in conflict with the international covenants, particularly pertaining to human rights, to which india is a party, the domestic court can apply those principles in the indian conditions ..... . union of india and another (2005) 2 scc436 in vishaka and ..... also in the laws related to marriage, adoption, divorce, inheritance, succession and other welfare legislations like narega, 2005, etc .....
Tag this Judgment!Court : Supreme Court of India
..... by the parties for appointment of arbitrator(s) is subject to sub-section (6); it cannot override sub-section (6) and provide that in respect of a domestic arbitration, not-withstanding sub-section(12), the parties would only move the chief justice of india, or vice versa in the case of an international arbitration. ..... senior counsel accept that when exercising power under section 11(6) of the arbitration act, the chief justice of india or the person or the institution designated by him (hereinafter referred to as cji for convenience) is required to appoint the 2nd arbitrator from amongst persons who are not nationals of the country of any of the ..... both the arbitrators had been appointed by the parties, therefore, the condition precedent for appointing an arbitrator, from amongst persons, who are not nationals of the country of any of the parties to the arbitration proceedings ..... wrote to the respondent and pointed out that any attempt to disallow or to restrict cost recovery of expenditures incurred by the contractor since the production levels from gas fields had fallen, would be contrary to the provisions of the psc and, requested that no such action should be taken. ..... to do so, such arbitrator may, at the request of the first party, be appointed by the chief justice of india or by a person authorised by him within thirty (30) days of the date of receipt of such request, from amongst persons who are not nationals of the country of any of the parties to the arbitration proceedings. ..... 2005 .....
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