Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: supreme court of india Page 9 of about 165 results (0.180 seconds)

M/S. Siv Industries Ltd. Vs. Commissioner of Central Excise and Custom ...

Court : Supreme Court of India

Reported in : AIR2000SC1153; 2000(68)ECC531; 2000(117)ELT281(SC); JT2000(3)SC133; 2000(2)SCALE304; (2000)3SCC367; [2000]2SCR231

..... may 29, 1984 central government issued a circular explaining further amendment to proviso to section 3(1) of the act,, it said that the central government had decided to allow 100% eou which had been approved by the board of approvals (boa) to sell their goods not exceeding 25% of their exportable production in the domestic tariff area (dta) on payment of appropriate duty of excise. ..... of the notification is to be availed of by the importer, if he exports out of india 100% or such other percentage, as may be fixed by the said board, of articles manufactured wholly or partly from the goods for the period stipulated by the board or such extended period as may be specified by the said board. ..... it also becomes apparent that in view of the eou scheme as modified from time to time and corresponding amendments to section 3 of the act the expression 'allowed to be sold in india' in proviso to section 3(1) of the act is applicable only to sales made up to 25% of production by 100% eou in dta and with permission of the development ..... (baldev raj)under secretary to thegovernment of india.annexurestandard conditions governing withdrawal from 100% eou scheme1) the undertaking shall pay all customs and excise duties on the imported and indigenous capital goods, raw materials, components consumables and spares in stock as well as on the finished goods in stock, together with all penalties and other charges as per customs act and rules, before the issue of final debonding letter,2) the undertaking .....

The Chairman, Railway Board and ors. Vs. Mrs. Chandrima Das and ors.

Court : Supreme Court of India

Reported in : AIR2000SC988; (2000)3CALLT44(SC); 2000CriLJ1473; JT2000(1)SC426; 2000(1)KLT655(SC); (2000)IIMLJ26(SC); 2000(1)SCALE279; (2000)2SCC465; [2000]1SCR480

..... . apart from the above, the general assembly, also while adopting the declaration on the elimination of violence against women, by its resolution dated 20th december, 1993, observed in article 1 that, 'violence against women' means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty ..... . secretary of state for the home department (1991) 1 all er 720, observed that it was well settled that, in construing any provision in domestic legislation which was ambiguous in the sense that it, was capable of a meaning which either conforms to or conflicts with the international convention, the courts would presume that ..... live, so long as they are here, with human dignity, just as the state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens.36 ..... . in article 3, it was specified that 'women art: entitled to the equal enjoyment and protection of all human rights, which would include, inter alia:(a) the right to life, (b) the right to equality, and (c) ..... . while article 14, which guarantees equality before law or the equal protection of laws within the territory of india, is applicable to 'person' which would also include the 'citizen' of the country and 'non-citizen' both, article 15 speaks only of 'citizen' and it .....

Vishaka and Others Vs. State of Rajasthan and Others

Court : Supreme Court of India

Reported in : AIR1997SC3011; 1997(2)ALD(Cri)604; 1997(5)ALT14(SC); 1998(1)BLJR228; 1997(3)Crimes188(SC); JT1997(7)SC384; RLW1997(3)SC373; 1997(5)SCALE453; (1997)6SCC241; [1997]Supp3SCR40

..... states should include in their reports information about sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the work place.the government of india has ratified the. ..... 141 of the constitution.the guidelines and norms pre-scribed herein are as under:having regard to the definition of 'human rights' in section 2(d) of the protection of human rights act, 1993.taking note of the fact that the present civil and penal laws in india do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time.it is necessary and expedient for employers in work places ..... the international conventions and norms are to be read into them in the absence of enacted domestic law occupying the field when there is no inconsistency between them. ..... in the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in articles 14 15 19(1)(g) and 21 of the constitution and ..... is now an accepted rule of judicial construction that regard must be had to international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in the domestic law. .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... to mention that the facts of the cases appealed against and set out in the writ petitions and slp, if accepted in their entirety, reveal the multiple acts of violence let loose; and the acts of savage revenge perpetrated against individuals, group of persons or any particular community or religious sects show that the violent threat which624has manifested itself is not evidently going ..... to make them lose faith in the government's ability to protect them, (b) a sense of impotence among government officials or to intimidate them as a means of neutralizing their active opposition to the terrorists groups; (2) to undermine the national economy by discouraging foreign investment, dissuading foreign tourists from visiting the country and spurring capital flight by domestic investors; and (3) to provoke harsh governmental reprisals to gain sympathy ..... and process;(2) there were also continuous commission of heinous offenses such as gruesome mass killings of defenseless innocent people including women, children and bystanders, disturbing the peace, tranquility and security;(3) the existing ordinary criminal laws are found to be inadequate to sternly deal with such activities perpetrated on humanity ..... viii of san 2005;(7) the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 198 1;(8) the karnataka prevention of dangerous activities of bootleggers, drug offenders, goondas, gamblers, immoral traffic and slum grabbers act, 1985it has been said .....

Power Control Appliances and ors. Vs. Sumeet Machines Pvt. Ltd.

Court : Supreme Court of India

Reported in : JT1994(2)SC70; 1994(1)SCALE446; (1994)2SCC448; [1994]1SCR708

..... business concerns as specifically pleaded in the affidavit and reply affidavit and by entering into various agreement its among themselves and by remaining as share-holders and directors in the companies engaged in manufacturing the various domestic power operated machines like mixies, washing machines and so on by using the trade name and marketed sumeet mixies in various categories and numbers. ..... the need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting form his having been prevented from exercising his own legal rights for which he could not be adequately compensated ..... bannis (1887) 36 ch d 740 as under:it is necessary that the person who alleges this lying by should have been acting in ignorance of the title of the other man, and that the other man should have known that ignorance and not mentioned his own title.in the same case bowen, ..... madhuri mathur as well as his father gave written consent to the authority constituted under the companies act and that the several number of documents produced on behalf of the applicant as well as the respondents, clearly demonstrate the fact that ..... course it is involved in the consideration of that that the plaintiff has a right against the defendant and that the defendant has done him a wrong and the question is whether the plaintiff has so acted as to disentitled him from asserting his right and fron, seeking redress from the wrong which has been done to him. .....

K.A. Abbas Vs. the Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1971SC481; (1970)2SCC780; [1971]2SCR446

..... with the bringing into contempt of armed forces, or the public authorities entrusted with the administration of law and order and f with the protection of the susceptibilities of foreign nations and religious communities, with fomenting social unrest or discontent to such an extent as to incite people to crime and promoting disorder, violence, a breach of the law 'or disaffection or resistance to government.clauses e and f are further explained by stating what is un- suitable ..... is aggrieved by any order of the board--(a) refusing to grant a certificate; or (b) granting only an "a" certificate; or (c) directing the applicant to carry out any excisions or modifications;may, within thirty days from the date of such order, appeal to the central government, and the central government may, after such inquiry into the matter as it considers necessary and after giving the appellant an opportunity for representing his ..... such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under the act in sanctioning films for public exhibition.the first question raised before us is that the legislature has not indicated any guidance to ..... in clause c the unsuitability arises from lowering the sacredness of the institution of marriage and depicting rape, seduction and criminal assaults on women, immoral traffic in women, soliciting prostitution or procuration, illicit sexual relations, excessively ..... to disrupt domestic harmony or .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... instruments on women which were brought to our notice, included the convention on the political rights of women (1952), declaration on the protection of women and children in emergency and armed conflict (1974), inter-american convention for the prevention, punishment and elimination of violence against women (1955), universal declaration on democracy (1997), and the optional protocol to the convention on the elimination of all forms of discrimination against women (1999). ..... learned senior counsel and some others, that the tag of personal law got removed from the muslim personal law shariat , after the enactment of the shariat act, at least for the questions/subjects with reference to which 215 the legislation was ..... international conventions and declarations are not binding to the extent they are in conflict with domestic laws, can be traced from a series of judgments rendered by this court on the subject ..... the wife aisha anjum, that the husband s family threw her out of her matrimonial home (-on 08.04.2005), on account of non-fulfilment of dowry demands. ..... hand, it has the following legislation in place: law of personal status 2005 federal law no.28 of 2005 article 140(1). ..... talaq of october 2005 valid?. ..... hand, it has enacted the following legislation: code of family law 1984 law no.84-11 of 1984 as amended in 2005 article 49. ..... bir bin abdull h said: in the khutbah of the prophet on friday, he would praise allah, then he would say other things, raising his voice a similar hadith (as no.2005). xi. .....

Common Cause Vs. Union of India .

Court : Supreme Court of India

..... of minerals without paying royalty in accordance with the quantities and grade; d mining in contravention of a mining plan; e transportation of raised mineral without lawful authority; f mining and transportation of raised mineral in contravention of applicable central and state acts and rules thereunder; g conducting of multiple trade transactions to obfuscate the origin and source of minerals in order to facilitate their disposal; h tampering with land records and obliteration of inter-state boundaries with a view to conceal mining ..... it appears from the averments in paragraph 14 of the writ petition that several lessees are operating without clearances under the environment (protection) act, 1986 and the forest (conservation) act, 1980, and without renewal by the government. ..... these will include works/projects related to livelihood intervention, health, water supply and sanitation, education, special programmes for development of women and children, entrepreneurial development of local people, communication and infrastructure projects and agro silvi-horticultural based livelihood projects through identified agencies/government departments. ..... in proforma b the lease holder was asked to submit details which included the details of dispatch, domestic consumption and export in million tonnes of iron ore and manganese ore from 2006-07 to 2010-11.38. ..... mehta two clarificatory circulars were issued by moef on 28th october, 2004 and 25th april, 2005. .....

Rajesh Sharma Vs. The State of Uttar Pradesh

Court : Supreme Court of India

..... procedure under section 14 of the protection of women from domestic violence act, 2005, of counseling should be made mandatory before registration of a case under section ..... the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the magistrate will authorize detention; 11.5 the decision not to arrest an accused, be forwarded to the magistrate within two weeks from the date of the institution of the case with a copy to the magistrate which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; 11.6 notice of appearance in terms of section 41a of cr.pc be served ..... to instruct its police officers not to automatically arrest when a case under section 498-a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; 11.2 all police officers be provided with a check list containing specified sub-clauses under section 41(1)(b)(ii); 6 (2014) 8 scc2739 11.3 the police officer shall forward the check list duly filed and ..... of 2008 dated 4th august, 2008 directed issuance of following guidelines: it must also be borne in mind that the object behind the enactment of section 498-a ipc and the dowry prohibition 1 2 3 4 (2005) 6 scc281(2010) 7 scc667(2010) 13 scc540ilr (2003) i delhi 484 7 act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. .....

Manmohan Attavar Vs. Neelam Manmohan Attavar

Court : Supreme Court of India

..... the respondent initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the d.v. ..... 12, the magistrate may, on being satisfied that domestic 8 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 ..... act and the desirability to construe the provisions liberally in favour of women seeking relief, as it is in the nature of a social legislation meant for protection of women s rights. ..... the direction, inter alia, can include an order restraining dispossession or a direction to remove himself 9 on being satisfied that domestic violence had taken place.16. ..... the factual matrix of the present case is such that one would have to look to the definition clauses relevant for the determination of the controversy contained in section 2 as under: 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 .....