Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Proceedings under the Act - Domestic Incident report - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the Act - Even in the absence of Domestic Incident Report,..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - It is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Question as to subsisting domestic relationship between aggrieved person and person against whom relief is claimed - Even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application u/s 12 of the Act but has..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Expression `the right to reside in a shared household' cannot be restricted to actual residence - Even in absence of actual residence in shared household, a woman in a domestic relationship can enforce her right to reside therein...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Woman in a domestic relationship who is not aggrieved in the sense that who has not been subjected to an act of domestic violence by respondent has a right to reside in a shared household...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Expression `joint family' used in S.2(f) of the Act does not mean a joint family as understood in Hindu Law - It would mean persons living together jointly as a family...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(I), 5(n), 6 -- Rape - Prosecutrix categorically stated in her statement that she has two children and they are being taken care of by accused and she is leading a happy married life with accused - Therefore, taking in view of subsequent events that have been brought to notice of Court, conviction..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Storage charges - Matter not covered by Exclusion Clause in terms of Policy - National Commission rightly directed appellant to pay complainant a sum of Rs.80,18,944 towards storage charges - Appeal dismissed...........
Consumer Protection Act, 1986, Section 12 -- Allotment of plot - Cancellation of allotment of plot due to non payment of balance amount - Plot in question already been allotted to third party - There is thus, no plot available which could be allotted to complainants - Amount deposited by society in compliance of impugned order of National Commission alongwith interest..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
