The operative portion of the Amendment Act is as follows:
All proceedings under sections 108, 109 and 110 of CrPC, pending before any Judicial Magistrate of the first class immediately before the commencement of this Act shall, notwithstanding anything contained in this Act, be dealt with as if this Act had not been enacted.
All the amendments made to the CrPC are available here.
Following questions arise for consideration in this petition filed with Hon’ble Bombay High Court:
“Whether an order passed on an application made under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”) is appelable under section 29 of the said Act?
Whether an appeal will lie under section 29 of the said Act against every order passed by the learned Magistrate in proceedings initiated on the basis of an application made under section 12 of the said Act?
What is the scope of an appeal under section 29 of the said Act?”
From Para 25,
Thus, the conclusions which can be summarised are as under:
(i) An appeal will lie under section 29 of the said Act against the final order passed by the learned Magistrate under sub-section 1 of section 12 of the said Act;(ii) Under sub-section 2 of section 23 of the said Act, the learned Magistrate is empowered to grant an ex-parte ad-interim relief in terms of sections 18 to 22 of the said Act. The power under sub-section 1 is of granting interim relief in terms of sections 18 to 22 of the said Act. Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.
(iii) An appeal will also lie against orders passed under sub section 1 and sub section 2 of the section 23 of the said Act which are passed by the learned Magistrate. However, while dealing with an appeal against the order passed under section 23 of the said Act, the Appellate Court will usually not interfere with the exercise of discretion by the learned Magistrate. The appellate Court will interfere only if it is found that the discretion has been exercised arbitrarily, capriciously, perversely or if it is found that the Court has ignored settled principles of law regulating grant or refusal of interim relief.
(iv) An appeal under section 29 will not be maintainable against purely procedural orders which do not decide or determine the rights and liabilities of the parties.
Citations: [2
Other Source links:
The legal contention in this case adjudicated by Hon’ble Bombay High Court is
From Para 8,
“whether passing of an exparte order in the present case, was proper and justified.”
“There was no such pressing necessity in the facts of this case to pass an exparte order, particularly when it was nobody’s case that the petitioner was willfully remaining absent or was willfully avoiding service of the notice which was already been issued to him.”
From Para 9,
On the contrary, in the decision reported in Abhijit Bhikaseth Auti Vs. State of Maharashtra & Anr (supra), it has been mentioned that an opportunity of being heard should be given to the husband even while passing an interim order of maintenance. In the instant case, when interim orders for maintenance passed by two the other Courts were already in favour of the respondent no.1 wife, there was hardly any occasion to pass an exparte order of maintenance.
Citations: [2
Other Source links:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
The cunning knife’s appeal against interim maintenance dismissal is again dismissed by Session’s Court.
This is based on the landmark judgment from Karnataka High Court here.
Growth of the Sakhi-One Stop Centers across India
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This is the info related to Dowry Prohibition Act 2018 passed by Bangladesh Parliament. I have found the Bangla version of the Act here, but no English version yet available online.
The Original inaugural 1980 Dowry Prohibition Act is available here and it’s source is here.
Dowry Prohibition Act 2018
Published at 06:33 pm May 7th, 2018
https://www.dhakatribune.com/bangladesh/law-rights/2018/05/07/263453
http://old.unb.com.bd/bangladesh-news/Filing-false-case-over-dowry-to-invite-punishment-Bill-cleared/70134
http://en.ntvbd.com/bangladesh/166937/Cabinet-approves-revised-dowry-law
Published at 05:40 pm June 25th, 2018
https://www.dhakatribune.com/bangladesh/parliament/2018/06/25/bill-placed-with-provision-of-5-year-jail-time-for-false-dowry-case
http://www.bssnews.net/?p=41516
https://www.thedailystar.net/country/dowry-prohibition-bill-placed-parliament-1595206
http://en.rtvonline.com/bangladesh/1424/Imprisonment-fine-for-false-dowry-case
Published at 11:36 pm September 16th, 2018
https://www.dhakatribune.com/bangladesh/parliament/2018/09/16/house-passes-dowry-prohibition-bill
http://unb.com.bd/category/bangladesh/js-passes-dowry-law/2253
http://www.newagebd.net/article/50779/js-passes-dowry-prohibition-bill-2018
https://bdnews24.com/bangladesh/2018/09/17/bangladesh-passes-law-with-five-year-jail-term-tk-50000-fine-for-false-dowry-charges
Published at 08:06 pm October 1st, 2018
President signs 11 bills into law
https://www.dhakatribune.com/bangladesh/statecraft/2018/10/01/president-promulgates-digital-security-bill-2018-into-law
Ministry of Women and Children Affairs
https://mowca.gov.bd/
The Minister, Ms Meher Afroze Chumki
http://bdf2018.erd.gov.bd/speakers/h-e-ms-meher-afroze-chumki/
https://www.youtube.com/results?search_query=Meher+Afroz+Chumki
https://en.wikipedia.org/wiki/Meher_Afroz_Chumki
Bangla Version of Dowry Prohibition Act, 2018
This is to chronicle the journey of the Section 125 CrPC through the years from its enactment.
This is to chronicle the journey of the Section 498A IPC through the years from its enactment.
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