Common Law

Impugned Provision / other anomaly Breach of Section / Article FORM I Under Rules 5(1) and (2) and 17(3) Encroach upon the Legislative Policy of the Parliament. FORM I [See Rules 5(1) and (2) and 17(3)] Domestic Incident Report under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) 1. Details of the complainant/aggrieved person     (1) Name of the complainant/aggrieved person:     (2) Age:     (3) Address of the shared household:     (4) Present Address:     (5) Phone Number, if any: 2. Details of Respondents: Sl. No. Name Relationship with the aggrieved person Address Telephone No., if any 3. Details of children, if any, of the aggrieved person:         (a) Number of Children:    ...

The actual Preamble of the Act: An Act to build a frightened democracy, to endanger the peace and harmony of the traditional Indian family. The whole procedure contemplated under the Act is designed in such a manner that would cause “undue” fatigue and oppression to the Respondent. There is an illogical consistency in the entire scheme of the impugned Act, and the innocent Respondent may never recover from confusion. Anomaly in the Statement of objects and reasons http://commonlaw-sandeep.blogspot.in/2013/12/anomaly-in-statement-of-object-and.html Section 3 http://commonlaw-sandeep.blogspot.in/2013/12/section-3-of-impugned-act.html Section 13 http://commonlaw-sandeep.blogspot.in/2013/12/section-13-read-with-rule-12-and.html Section 18 http://commonlaw-sandeep.blogspot.in/2013/12/section-18ac-and-d-of-impugned-act.html Section 19 http://commonlaw-sandeep.blogspot.in/2013/12/section-19bd-of-impug...

1.       Since the 17 th Century, human thinking have been veering around to the theory that man that is to say, every human being, has certain essential, basic, natural, and inalienable rights or freedoms, and it is the function of the State to recognize those rights and freedoms and allow them a free play, in order to preserve human liberty, human personality being duly developed, and an effective social and democratic life be promoted. 2.       According to LOCKE, (the English philosopher and physician of the 17 th Century), every man (read Human being) is born, with a title to perfect freedom and uncontrolled enjoyment of all the rights and privileges of the law of nature; and he has, by nature, a power to preserve his property, that is his life, liberty and estate, against the injuries and attempts of other men. 3.       The declaration of the French revolution, 1789, which may be regarded as a...

Impugned Provision / other Anomaly Breach of Section / Article Sections 31 and 32 of the impugned Act Article 21 of the Constitution of India SECTION 31: Penalty for breach of protection order by respondent (1) A breach of protection order, or of any interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. (2) The offence under sub-sec. (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused. (3) While framing charges under sub-sec. (1), the Magistrate may also frame charges under Sec. 498-A of the Indian Penal Code, 1860 (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961) as the case may be...