Court : Chennai
..... neelamegam (2003-4-lw 426), the honourable supreme court laid down the eligibility criteria for claiming the relief under section 9 of the tamil nadu city tenants protection act as follows:- "from the above provision it will be seen that the following conditions are to be satisfied before a tenant is entitled to relief:i) he should be a tenant in possession of the land;ii) he should have erected a superstructure on the land in respect of which ..... possession of the property in the capacity of tenant and as his legal heir, she is entitled to claim the status of a tenant and she also filed application under section 9 of the tamil nadu city tenants protection act for purchasing the vacant land as she is entitled to the benefits of that act and the notice of termination was not valid and it was not issued in accordance with the provisions of tamil nadu city tenants ..... nair and the second defendant bhakyam, who claims to be the wife of krishnan nair, was only a sub-tenant and she is not entitled to the benefits of tamil nadu city tenants protection act and the main tenant was not in possession of the property and therefore, the suit was filed for the relief prayed for.3. ..... , kannappan was collecting rent from her and that is evidenced by exs.p9, p10 to p17 series and therefore, the bhakyam is a tenant as per the provisions of section 2(4) of the tamil nadu city tenants protection act and she is entitled to the benefits under the act and directed the court to fix the minimum extent of land .....
Tag this Judgment!Court : Kolkata Appellate
..... petitioner has been depositing monthly rent in the office of the 1st court of civil judge (junior division), before whom the suit is pending, in the name of his deceased father since march, 2005 and that an order ought to be made permitting correction of the said challans treating the rent to have been deposited by the petitioner, and not his deceased father. ..... established that the error was bonafide but deliberately designed to harass the landlord to prevent him from withdrawing rent or otherwise, the trial court would be justified in ordering rejection of the prayer ..... suit, the petitioner filed an application under section 151 of the code of civil procedure read with sections 24, 39 and 44 of the west bengal premises tenancy act, 1997 (hereafter the 1997 act) and rule 20 of the west bengal premises tenancy rules (hereafter the rules). ..... in the instant case, apart from the fact that the deposits were in court under section 17(1) of the act, there is no such finding against the defendant and, accordingly, amiya prova das guptas case (supra) ..... if indeed a deposit has been made in court in terms of section 7(1) of the 1997 act mentioning incorrect particulars on refusal by the landlord to accept rent when tendered in accordance with law, but there is material to hold that such incorrect particulars were mentioned due to bonafide errors, there is no ..... death on february 26, 2005, the petitioner has been substituted in the suit as defendant on december 7, 2005, his mother having predeceased .....
Tag this Judgment!Court : Kolkata Appellate
..... not affect in any manner the right of the other plaintiff to relief on establishment of the plaint case, there is no reason as to why the plaintiff seeking to abandon his claim in the suit, or withdraw from the suit without asking for permission of the court to file a fresh suit, should be made to continue lending his name in the proceedings as plaintiff or as a transposed defendant only because the co-plaintiff does not ..... supra), a division bench of this court was considering whether order 23 rule 1(4) of the code, as it then stood, prevented some of the plaintiffs in the suit to withdraw themselves from the suit without the consent of the rest and further as to whether apart from rule 1(4), the court was competent, in the interest of justice, to refuse one of several plaintiffs to withdraw or impose other restriction on him if such course is prejudicial to the interest ..... judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they ..... 2005 and the same shall be transmitted to the trial court without any delay whereupon the trial court shall proceed to consider the petitioners prayer in accordance with law and dispose of the same as early as possible, but not later than a month from the date of receipt of the records from ..... must not alter the material of which the act is woven, but he can and should ..... save the judges trouble if acts of parliament were drafted with divine ..... the draftsmen of acts of parliament have .....
Tag this Judgment!Court : Gujarat
..... in the present proceedings, husband has challenged an order dated 13.3.2009 passed by learned jmfc, bhuj in criminal application no.481/2008 filed by wife under the protection of women from domestic violence act("the act" for short). ..... it can be easily appreciated that said power assumes significance when looked from angle of wife or any other woman approaching the magistrate seeking protection against the domestic violence by husband, his family members or other relatives. ..... it is therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society:-..."13. ..... protection order learned magistrate directed the husband and family members not to commit any act of domestic violence against the wife.4. ..... , of great significance and importance that magistrates while dealing with the application of an aggrieved person seeking custody of her child deal with the situation promptly and bearing in mind the objects and purpose of the act and also bearing in mind that mother when separated from child is likely to agree to any terms and conditions, not to resist domestic violence from husband or other family members.16. .....
Tag this Judgment!Court : Karnataka
..... mis.no.72/09 before the trial court u/s 12 of the protection of women from domestic violence act, 2005, sought for maintenance arid the said petition was also resisted by the husband who is the petitioner in crl ..... the respondents are restrained from causing domestic violence against the petitioners in ..... salary that he gets as a supervisor and this is spoken to by the husband in the course of his evidence and moreover the husband has been paying rs.3,000/- per month towards the rent and apart from that, the husband is also taking care of the expenses towards child's education which comes to rs.3,000/- per month and he is also paying the electricity bill and the cable charges and all these put ..... further submission made by the learned counsel is that, as far as wife is concerned, though ^he is an advocate and has got experience of having worked in various advocates firms and was also earning good amount from her profession, later on, the wife gave up her job at lexis - nexis company at chermai and came to bangalore and the wife at present is only fighting the litigations which are pending in various courts and ..... , the husband is also running a consultancy in the name of his father which is known as 'ramaswamy iyengar associates' and the husband of the 1stpetitioner is getting huge income from the real estate business and in this regard reference was made to certain pamphlets and the plan which were marked in evidence before the trial court as ex.p7 and p9 to contend that when the .....
Tag this Judgment!Court : Supreme Court of India
..... application no.203 of 2007, on 16th july, 2007, against all the respondents under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, hereinafter referred to as "the domestic violence act, 2005". ..... the orders passed by the learned magistrate on 16th august, 2007 and 14th july, 2008, on the ground that being women they could not be made respondents in the proceedings filed by the appellant under the provisions of the domestic violence act, 2005, and that the matrimonial house of the appellant at khorej colony, amravati, belonged exclusively to ramabai, the respondent no.2 and mother-in-law of the appellant and did not, therefore, come within the definition of "shared ..... kabra submitted that it would be evident from a plain reading of the proviso to section 2(q) of the domestic violence act, 2005, that a wife or a female living in a relationship in the nature of marriage can, not only file a complaint against her husband or male partner but also against relatives of the husband or male partner. ..... learned counsel submitted that when the expression "female" had not been specifically included within the definition of "respondent" in section 2(q) of the domestic violence act, 2005, it has to be held that it was the intention of the legislature to exclude female members from the ambit thereof.11. .....
Tag this Judgment!Court : UK Supreme Court
..... the housing (homeless persons) act 1977 - homelessness by section 1(2)(b) of the act being deemed to exist in the case of those whose occupation of accommodation would probably "lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats", described as "the risk of domestic violence" in sections 5(1)(iii) and 5(11) of the act, the equivalent provisions to those now in section 198 of the 1996 act) the public's concern as to domestic violence was essentially about battered women (for whom, ..... domestic violence is deemed to have made herself intentionally homeless" and that "appropriate priority be given to rehousing victims of domestic violence" (para 131). in fact, the department of the environment had already gone some way towards meeting the first point, as the 1991 version of the code of guidance for local authorities on homelessness had stated (para 7.11) that authorities should not automatically treat an applicant as intentionally homeless because she had failed to use legal remedies to protect herself from domestic ..... . richards lj quoted the definitions in the 1993 home affairs committee report, the 2005 national report (repeated in a more recent report of the home affairs committee, domestic violence, forced marriage and 'honour'-based violence, 2007-08, 6th report, para 4), the guidance given by the uk border agency, and the president's practice direction .....
Tag this Judgment!Court : Delhi
..... is reference to a family counselling, unit helping victims of rape, rape crisis cell, mobile van helpline, mahila panchayat programme, pre-marital counselling cell, awareness campaigns, scheme for implementing the protection of women from domestic violence act, scheme for working womens hostel, scheme of short stay home for women in distress, children homes for the care and protection of destitute children, mental health unit at nirmal chhaya complex and campaign to make delhi free of violence against women and girls. ..... at present, we are not inclined to accept the said submission of the learned standing counsel for the state.mr.atul nanda, learned standing counsel for the union of india submitted that joint secretary, ministry of women and child may be given the responsibility to coordinate with the state government as well as the municipal corporation of delhi to find out about the homes, which the learned amicus curiae has visited, whether they ..... submitted a written note of submission especially referring to the seven shelter homes which are available to the destitute, deserted women and girls who are in need of immediate protection or are in moral danger. ..... as is evincible from the written note of submission, the learned amicus curiae has contacted jivodaya ashralayam care and rehabilitation centre for destitute women, "santidham" a home for destitute women care and rehabilitation centre for destitute women, shri digambar jain mahila ashram, "missionaries of charity" shelter for .....
Tag this Judgment!Court : Delhi
..... aside/quashing of the order dated 5.4.2010 passed by the learned asj, disposing of his appeal filed under section 29 of the protection of woman from domestic violence act, 2005 (in short 'the act'), against the ex parte judgment and order dated 13.4.2009, passed by the learned metropolitan magistrate, mahila court, delhi.2. ..... it is stated by the counsel for the petitioner that insofar as the petition filed by the respondent under section 12 of the act is concerned, the petitioner has filed his reply thereto and the matter is now listed before the trial court in february 2011 for completion of ..... dated 13.4.2009, the mahila court directed the petitioner to pay to the respondent, rent for the house in which she resides, at the rate of `2,500/- from april 2008 onwards, and thereafter pay a 10% increase in each successive year, alongwith `3,000/- per month as maintenance from the date of the complaint till the complainant is legally entitled to the same. ..... to appear before the trial court, the learned asj directed that as interim relief, the appellant would continue to pay to the respondent, a sum of `3,000/- as maintenance and `2,500/- as rent from april 2008 onwards till the petition filed by her under section 12 of the act is decided on merits. ..... appellate court that the respondent would be entitled to interim maintenance from the date of the complaint itself and the petitioner would be liable to pay arrears, if any, on the final disposal of the petition under section 12 of the act.4. .....
Tag this Judgment!Court : Delhi
..... been preferred assailing order dated 30th october, 2010 whereby an application of the petitioner assailing jurisdiction of the court of mm under protection of women from domestic violence act ('domestic violence act' for short) was dismissed.2. ..... for the purpose of deciding this petition are that the respondent before the court of mm made an application under domestic violence act invoking jurisdiction on the basis of her temporary residence in delhi. ..... page 1 of 2 petitioner was living in gurgaon and he had already filed a petition under hindu marriage act for restitution of conjugal rights before a district court at gurgaon and therefore gurgaon would have been the proper court where application under section 12 of domestic violence act should have been filed.3. ..... stay in delhi qualifies her to file an application under section 12 of domestic violence act.4. ..... pandey this court had observed that temporary residence in lodge or hotel would not give jurisdiction to court if the person hires lodge or hotel only for the purpose of filing domestic violence application and has no other reason to make the place as her temporary residence. ..... she belongs to uzbekistan and when alleged instances of domestic violence had taken place, she left the company of the petitioner and went to live with her ..... given in detail, the instances of domestic violence. ..... in the present case, after landing in delhi from uzbekistan, the applicant had no choice but to live at a lodge or hotel as she had no friend or .....
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