Protection of Women from Domestic Violence Act, 2005, Section 2(q) -- Respondent - Means an adult male having relation with complainant - Proceedings against females quashed - Objection as to jurisdiction to be raised before trial Court...........
Protection of Women from Domestic Violence Act, 2005, Section 27 -- Jurisdiction - Court at place where applicant has temporary residence has jurisdiction to try the case - No reason to transfer the case to any other Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Domestic violence - In domestic violence it is not always a woman who is victim or sufferer party - There may be cases where male partner may be harassed - Court are required to be vigilant enough in deciding the dispute as to which part of the family is a victim of the domestic violence...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Domestic violence - Application by wife cannot be allowed without providing opportunity of leading evidence - Order passed without affording opportunity of leading evidence set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 18 -- Domestic violence - Order in favour of aggrieved person can be passed after providing an opportunity of hearing to the parties and on being satisfied with regard to happening of the domestic violence or that it is likely to happen - An order cannot be passed merely upon providing an opportunity of hearing...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Domestic violence - Procedure - Magistrate to follow procedure as prescribed for application u/s 125 Cr.P.C. - Order to be enforced in same manner as laid down in S.125 Cr.P.C...........
Indian Penal Code, 1860, Section 306 -- Suicide by bride - Domestic quarrel - Every domestic quarrel between a couple cannot be taken as a ground for abetment to suicide and the behaviour of a normal and not a quarrelsome or high strung individual must be taken as the yard stick...........
Industrial Disputes Act, 1947, Section 33(1)(b) -- Tribunal's jurisdiction is limited u/s 33(1)(b) of the Act to see that a prima facie case is made out, that principles of natural justice have been complied with in a domestic enquiry and that the enquiry has been held in accordance with the certified standing order - Prima facie case does not mean case proved to the hilt..........
Industrial Disputes Act, 1947, Section 2(oo) -- Misconduct - Domestic enquiry - Termination - Labour Court holding the enquiry violative of the principles of natural justice on three grounds - Proceeding of enquiry showed that workman was allowed opportunity to cross - examine the witnesses - He did not ask for assistance of union for his defence - The workman has admitted..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Award of Industrial Tribunal - Dismissal - Domestic enquiry - Admission - There is no admission with regard to the charge which has been put to the workman in toto - The proceedings thereafter on the assumption that there is an actual admission on that aspect - The consequence thereof would be that further..........
