Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: supreme court of india Page 6 of about 165 results (0.124 seconds)

Aviral Bhatla Vs. Bhawna Bhatla

Court : Supreme Court of India

Reported in : 2009AIRSCW6622; (2009)3GLR2135(SC); 2009(2)KLJ116; 2009(1)OLR(SC)764; 2009(3)SCALE120; (2009)3SCC448; 2009(2)JT600.

..... a case under the protection of women from domestic violence act, 2005 being complaint case no. ..... dated 03.11.07, under section 12 of the domestic violence act, which is pending in the court of ..... 431 of 2008 before this court inter alia praying transfer of the petition under section 9 of the hindu marriage act, 1955 filed by the respondent pending before the chief judge, family court at gwalior and transfer of proceedings under section 125 criminal procedure code, 1973 filed by respondent pending before the ..... been filed by aviral bhatla (hereinafter referred to as the `husband') seeking transfer of several cases pending before learned chief judge, family court, gwalior, in proceedings under section 9 of the hindu marriage act, 1955 (in short the `act') and section 125 of the code of criminal procedure, 1973 (in short the `code'). ..... e-8/10, 3rd floor, malviya nagar, new delhi, within 7 days from the date of signing of the present petition, the same will be collected by the respondent and the expenses for the transportation will be borne by her.the respondent agrees and undertakes that after ..... , against petitioner and his family members under section 406 r/w 34 and 498a of the ipc read with section 4 of dowry prohibition act which is pending investigation in mahila police station padav, gwalior. ..... litigations between the parties are as follows:(i) the petitioner has filed a case/petition under section 13(1)(ia) read with section (iii) of the hindu marriage act, 1955 titled aviral bhatla v. .....

Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092

..... the provisions of the domestic violence act this court in s.r ..... the domestic violence act provides for a higher right in favour of ..... are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood, of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation ..... owing to her disability founded on her status of perpetual or life long tutelage or dependence..this right of the wife to maintenance from her husband is not lost even if the husband renounce hinduism.this right subsists even after the husband's death although her husband's right as distinguished from hers may pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law ..... order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high court in first appeal no. ..... 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder be deposited in the high court and the 3rd respondent ..... judge of the high court by an order dated 5th april, 2005 directed:8. .....

Commissioner of Income Tax, Coimbatore Vs. Lakshmi Machine Works

Court : Supreme Court of India

Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168

..... of this sub-section,-(a) 'adjusted export turnover' means the export turnover as reduced by the export turnover in respect of trading goods ;(b) 'adjusted profits of the business' means the profits of the business as reduced by the profits derived from the business of export out of india of trading goods as computed in the manner provided in clause (b) of sub-section (3) ;(c) 'adjusted total turnover' means the total turnover of the business as reduced by the export turnover in respect of ..... of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the [profits] derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder of an export house certificate or a trading house certificate (hereafter in this section referred to as an export house or a trading house, as the case may be,) issues ..... in the case of combined business of an assessee having export business and domestic business the legislature intended to have a formula to ascertain export profits by apportioning the total business profits on the basis of ..... a brief analysis of the above section 80hhc of the act, as amended with effect from 1.4.1992, indicates rationalization of provisions relating to tax concession for export ..... 4409 of 2005, the above proposition has been accepted by the ..... no.4409 of 2005 are mentioned hereinbelow .....

S.R. Batra and anr. Vs. Smt. Taruna Batra

Court : Supreme Court of India

Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92

..... above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either ..... learned counsel for the respondent then relied upon the protection of women from domestic violence act, 2005. ..... 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 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 from entering any portion of the shared household in which .....

D. Velusamy. Vs. D. Patchaiammal.

Court : Supreme Court of India

..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. ..... however, the question has also be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... however, indian society is changing, and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... :"2(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent";section 2(f) states :"2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. .....

ChanmuniyA. Vs. Virendra Kumar Singh Kushwaha and anr.

Court : Supreme Court of India

..... the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... to the provisions of domestic violence act, 2005?3. ..... relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in ..... to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. .....

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and ...

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. .....

Priyanka Chawla Vs. Amit Chawla

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. .....

Tilak Raj Vs. State of Himachal Pradesh

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 .....

Krishna Bhatacharjee Vs. Sarathi Choudhury and Anr

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. .....