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Jewraj Khari-wallah Vs. Kanai Lal Phoplia

Court : Kolkata

Reported in : 96Ind.Cas.131

..... protection orders and release from arrest set out in the provincial insolvency act, (as to which i desire to reserve my opinion), the fact that the lower court has not passed an 'ad interim protection order' in exercise of its inherent powers, in my opinion, does not bring the order in question within the ambit of ..... justice panton against an order of the learned district judge of alipur refusing to grant ad interim protection to the petitioner pending his adjudication ..... as the order of the learned district judge is perfectly legal and right and he was quite correct in holding that he has no power under the law to grant ad interim protection, no case arises for our revision under section ..... that the petitioner applied to the district judge to b declared an insolvent and asked the district judge that pending the decision of his application to be adjudicated an insolvent, he should be protected against arrest at the instance of his creditors nos. ..... there is no provision in the provincial insolvency act in respect of orders to prevent the arrest of, a debtor pending the hearing of a petition for insolvency, liven if the court has jurisdiction to make an order of this description in the exercise of its inherent powers, having regard to the express provisions ..... or not a court has in its inherent powers, the power to grant ad interim protection, it is quite clear that the provincial insolvency act has specifically laid down that in such a case as the present one, protection cannot be granted. .....

In Re: Meghraj Gangabax

Court : Mumbai

Reported in : (1910)12BOMLR517

..... if an insolvent can produce the certificate referred to the onus is thrown on the opposing creditor of showing cause why the protection order should not be granted, but i do not think he is entitled to ask the court to enter into an inquiry whether the insolvent has been guilty or not of commercial immorality, or of an offence under the ..... the 16th january was made when the new act had only just come into force and i do not think the change effected generally by the act in insolvency proceedings and particularly by section 25 in respect of protection orders was even mentioned during the argument.3. ..... the insolvent has applied for a protection order under section 25 of the presidency towns ..... the provisions of the act, or that the insolvent has been guilty of undue delay in applying for his discharge, for the court will not countenance an insolvent resting unreasonably beneath the shade of the protection order.4. ..... it has never been the practice for commissioners in insolvency under the indian insolvency act to consider themselves bound by their previous decisions on applications for interim orders when it has been a matter for their discretion, and it by no means follows that because an application has been refused on the first occasion it must also be refused on the second ..... the section does not deprive the court of its discretion in granting or refusing protection but sub-section (4) indicates clearly the lines along which that discretion should be exercised when a creditor opposes .....

Mahomed Haji Essack Vs. Shaikh Abdul Rahman

Court : Mumbai

Reported in : AIR1915Bom278; (1915)17BOMLR989

..... for these reasons i agree that the protection order granted in this case should be set aside. ..... as i understand section 25, a protection order, though prima facie the insolvent is entitled to it, is still a privilege, to be granted or withheld as the court in its discretion may determine, and the proposition on which i found my judgment is merely this, that, in exercising that discretion, it is relevant and ..... from this judgment there was no appeal, and this, therefore, is the state of facts in which we have now to decide whether this insolvent is entitled to a protection order.9. ..... nevertheless the learned judge, because he believed that in almost all cases where the discharge was suspended under the present law, the insolvent had, as a matter of course, been granted protection for the period of suspension, granted protection for twelve months out of the period of two years which would elapse between the order refusing discharge and a fresh application for discharge by the insolvent.3. ..... justice davar sitting as judge in insolvency, dated the 16th of april, 1915, whereby the insolvent after refusal of his discharge and notwithstanding opposition by a judgment-creditor was given an order protecting him from arrest till april, 1916.2. ..... this is an appeal in insolvency proceedings from an order made by the learned commissioner granting the insolvent protection from arrest under section 25 of the presidency towns insolvency act, 1909. .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of ..... . state of andhra pradesh15 and made it clear that the object of the act is to provide for effective protection of the rights guaranteed under the constitution, of women, who are victims of violence of any kind occurring within ..... if the parties concerned or the magistrate take the help of the protection officer, he will submit a domestic incident report to the magistrate ..... . it is for the magistrate concerned to take the help of the protection officer or service provider after receiving the complaint, provided he feels it necessary for final disposal of the dispute between ..... learned judge observed that a conjoint reading of both sections 12 and 26 will make it clear that when a magistrate passes an order, he shall receive the report from the protection officer ..... apart, the learned judge held that before passing an order by the magistrate, he shall take into consideration the domestic incident report received from the protection officer ..... it has to be noted that the issue before his lordship was more about the necessity for a family court or a civil court to have and consider a report from the protection officer before passing an order .....

Mahomed Roshan Sheikh Alli Kaskar Vs. Gulam Mohiddin

Court : Mumbai

Reported in : (1929)31BOMLR206; 118Ind.Cas.791

..... had been the intention of the legislature to protect the insolvents, the provisions of section 31, which permit an insolvent to apply to the insolvency court for a protection order, would have been superfluous : see maharaj ..... insolvency act no longer protects an insolvent from arrest, and 31 provides for a protection order. ..... is for the insolvent to apply for a protection order under section 31. ..... the protection order is a privilege to be granted or withheld as the court, in its discretion, may determine, and in exercising that discretion it is relevant and proper for the court to have regard to the character ..... shall not have any remedy during the insolvency proceedings against the property of the insolvent and a new section 31 has been enacted under which the insolvent, in respect of whom an order of adjudication has been made, has to apply to the court for protection, and the court may, on such application, make an order for the protection of the insolvent from arrest or detention. ..... the provincial insolvency act, the effect of an order of adjudication is described, and protection from arrest and execution of a decree is not ..... in the present case no order for protection under section 31 was produced before the subordinate judge, nor ..... in this case the learned district judge has granted an order of discharge, but he has suspended its operation for five years because of the insolvent's fraudulent conduct in respect of an item of his property, which conduct in judge's opinion fell within .....

HusseIn Mahomedbhai Khoja Vs. Official Assignee

Court : Mumbai

Reported in : AIR1937Bom144; 167Ind.Cas.764

..... as i have said, the mere fact that a protection order has been refused, is not a sufficient reason for the court to accede to the request of the creditor that the insolvent should be sent to jail. ..... but it does not follow that, because a protection order is refused, the court will commit the insolvent to prison if an application is made to it in that behalf. ..... it is said that it is very hard to refuse a protection order for the first year; and that the result may be that the insolvent will be sent to prison. ..... the learned judge suspended the discharge for two years and refused to grant a protection order in respect of the first year. ..... it is quite clear, in my opinion, that the learned judge had discretion to make the order which he did make, and i can see no principle on which we should interfere with the discretion which the learned judge exercised in the matter. ..... therefore, the learned judge had discretion to suspend the discharge of the insolvent, and to grant or not to grant protection. ..... this is an appeal against an order made by kania, j. .....

Beni Prasad Vs. Phula Mal Madan Mohan Lal and ors.

Court : Allahabad

Reported in : AIR1933All591

..... opinion, unless some misconduct or want of good faith can be imputed to an insolvent, a protection order should not be refused on vague and general assumptions. ..... do not think a previous order refusing protection is a bar to a protection order being made at a subsequent ..... he applied within that time for a protection order under section 31, provincial insolvency act, on 2nd may 1931, but his application ..... order appealed from proceeds on the solitary ground that a previous application for protection was dismissed on 2nd may 1931, and no circumstances have since come into existence which can justify a protection order ..... a ground for refusing to pass a protection order. ..... application for protection order.3. ..... date, that is, 20th february 1932, he applied for a protection order. ..... accordingly i allow this appeal, set aside the order of the lower court and grant an order of protection from arrest and imprisonment in execution of shyam ..... and the fact that no misconduct can be attributed to the insolvent in the mean time are circumstances which may justify a court in granting an order of protection which has been previously refused. ..... circumstances, i hold that the lower court should have passed the order of protection prayed for by the appellant. ..... at the disposal of the insolvency court without concealing any material facts relating to his pecuniary position and has not been guilty of any fraud or dishonesty in relation to his creditors or his estate, an order of protection should ordinarily be granted. .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from--(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, ..... section 31 of the act, a complaint can be filed against a person who has not complied with a protection order or interim protection order.thus, it is clear by the definition of respondent that for obtaining any relief under this act an application can be filed or a proceeding can be initiated against only adult male person and on such application or under such proceeding, aforementioned protection order can be passed. ..... by sections 27 and 28 of the act, a judicial magistrate of the first class or the metropolitan magistrate has been empowered to grant a protection order and other orders and to try the offence under the act. ..... 31 of the act, non-compliance of a protection order or an interim protection order has been made punishable and as such it can be said that the complaint for this offence can only be filed against such adult male person/respondent who has not complied with the protection order. ..... 31 of the act provides penalty for breach of protection order passed by the magistrate, which is punishable as .....

Saraswathy Vs. Babu

Court : Chennai

..... upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior ..... it is be open for the magistrate to pass appropriate order under the provisions of sections 12, 18, 19, 20, 21, 22 or 23 of the act on a petition filed by such a woman and the person who commits breach of the protection order or interim protection order passed on an application filed by such a woman will be liable to punishment under section 31 of the act. 5 ..... only if a protection order is passed and the respondent in the main petition violates the protection order passed by the court, then such act of breach of protection order is construed as an offence ..... 2 102/2008 decided on 18th july, 2009, bombay high court noted that the penal provision contained in section 31 of the act will come into picture only if the respondent commits breach of protection order or interim protection order. 16. ..... the penal consequence emanates from the date of protection order passed by the court. ..... the court is competent to take cognizance of the act of domestic violence committed even prior to the act came into force and pass necessary protection orders. .....

National Shipping Company of Saudi Arabia Vs. Sentrans Industries Limi ...

Court : Mumbai

Reported in : AIR2004Bom136; 2004(1)ALLMR832; 2004(1)ARBLR409(Bom); III(2004)BC503; 2004(2)BomCR1; 2004(2)MhLj696

..... . incidently we may observe that no material has been placed by the appellant to indicate even remotely that respondent by its acts is intending to defeat the claim of the appellant and if no interim protection order is passed by the court, in the event of appellant succeeding before arbitral tribunal, it would not be possible for the appellant to derive fruits of the award ..... security of the amount in dispute in the arbitration, the court also has to keep in mind the drastic nature of such order and unless a clear case not only on the merits of the claim is made out but also the aspect that denial of such order would result in grave injustice to the party seeking such protection order in as much as in the absence of such order, the applicant party succeeding before the arbitral tribunal may not be able to execute the award ..... . the party seeking protection order under section 9(ii)(b) ordinarily must place some material before the court, besides the merits of the claim that order under section 9(ii)(b) is eminently needed to be passed as there is likelihood or an attempt to defeat the award, though as indicated above, the provisions of order 38, rule 5, cpc are not required to be satisfied ..... . the interim protection order contemplated under section 9(ii)(b) is granted by the court to protect the interest of the party seeking such order until the rights are finally adjudicated by the arbitral tribunal and to ensure that the award passed by arbitral tribunal is capable of enforcement .....