Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20 -- Domestic violence - Wife neglected by husband without any reasonable cause - Husband admitted that he had not paid any maintenance allowance to wife and to her son for their survival, which amounts to domestic violence - No evidence on record that wife is self dependent and is having a proper..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of juvenility - Matriculation certificate of appellant serves conclusive proof for his date of birth - Appellant is juvenile-i, conflict-with-law as per his matriculation certificate on date of..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Middle standard certificate produced by petitioner should have been given preference over birth certificate issued by Municipal Corporation, particularly when petitioner has shown original matriculation certificate to Court which should be considered by JJ Board -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 6 -- Rejection of application u/s 12 of the Act being barred by limitation - Case remanded by appellate Court for fresh decision - Magistrate rejected application without issuing any protection order, residence order or order of monetary relief - No occasion therefore, arisen requiring Magistrate to have..........
Arbitration and Conciliation Act, 1996, Section 12, 13, 14 -- Amended Act - Applicability - Invocation of arbitration on 29.07.2015, Arbitrator appointed on 19.08.2015, parties appeared before Arbitrator on 07.10.2015 well before 23.10.2015 i.e. the date on which Amending Act came into force - Statutory provisions that govern the present controversy are those which were in..........
Arbitration and Conciliation Act, 1996, Section 12 -- Appointment of arbitrator - Mere fact that named arbitrator happened to be an employee of one of parties to arbitration agreement has not by itself, before Amendment Act 2015 came into force, rendered such appointment invalid and unenforceable, so long as there is no justifiable apprehension about his independence or..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Proceedings under the Act - Cannot be filed for enforcement of preliminary partition decree passed by Civil Court, as such decree can be enforced by Executing Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Residence order - Petitioner is not an aggrieved person nor is subjected to any kind of domestic violence by respondents - Moreover, brother of petitioner against whom she is seeking relief is not made party to present writ petition - Application u/ss 12, 19 of the Act held, not..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 482 -- Enhancement of maintenance - Reduction of maintenance by appellate Court - Petition u/s.482 Cr.P.C. still pending - When proceedings are still pending before the High Court, where same order passed by the appellate Court is challenged, Court should not have..........
Arbitration and Conciliation Act, 1996, Section 12(1)(b), 13 -- Appointment of arbitrator - `Ineligibility' and justifiable doubts as to the arbitrator's independence or impartiality - If arbitrator falls in any one of the categories specified in the Seventh Schedule, he becomes `ineligible' to act as arbitrator - Since such a person lacks inherent jurisdiction to proceed..........
