Is an Order Refusing to Strike Off Defence Appealable Under the DV Act?

Allahabad

STK-7 on 19.07.2108 Strikng off the name of the Compnay. Copy of form No. STK-5 and form No. STK-7 is placed on record. iii. ... (for brevity ‘the Company’) under Section 252(3) of the Companies Act, 2013 (for brevity ‘the Act’) against the order of striking off the name of the Company passed by the ... The grounds contemplated under Section 252 of the Act, that the Com....

2025 0 Supreme(Kar) 93

the defence, even if there is no such provision in the Hindu Marriage Act.” ... Thereupon after issue of show cause, the defence of the defendant was struck off. ... Act for non-compliance of the order passed under Section 24 of the aforesaid Act and by striking off the pleadings of defaulting party.” ... (Emphasis supplied) The said case arose out of interpretation of the Delhi Rent Con....

2023 0 Supreme(Ker) 1038

Mahesh, and Muraleedharan (supra) has held that the Family Court has no power to strike off the defence in an application under Section 125 on the failure of the husband to pay interim maintenance under Section 24 of the Hindu Marriage Act. 18. ... The remedy of the respondents was to file an application under Section 128 to execute the order and not a petition to strike off the defence. The Family Court ....

2025 Supreme(Online)(Ori) 5437

For all these reasons, I hold that in a proceeding under the DV Act, the defence can be struck off for non-compliance with an order of payment of pendente lite maintenance if the default is found to be deliberate and wilful. ... The Petitioner filed CRLMC No. 276 of 2014 in the Court of the learned JMFC(R) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, “PWDV Act”)....

2023 0 Supreme(Chh) 335

Seventhly - An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.” ... The underlying factor should be that such an act of private defence should have been done in good faith and without malice.” 19. ... (viii) The accused need not prove the existence of the right of private #HL_START....

Interrogatory-Failure to answer-Order striking off defence-Powers of Court- Civil Procedure Code, ss. 100 and 109. Failure to answer interrogatories does not make a defendant liable to have his defence struck off under section 109 of the Civil Procedure Code. ... But failure to answer interrogatories served under section 94 does not make a person liable to have his defence struck off#HL_E....

2024 0 Supreme(MP) 428

Under section 105 of the Indian Evidence Act, 1872 (in short 'the Evidence Act'), the burden of proof is on the accused, who sets up the plea of self-defence, and, in the absence of proof, it is not possible for the Court to presume the truth of the plea of self-defence. ... Where the right of private defence is pleaded, the defence must be a reasonable and probable version satisfying th....

2023 0 Supreme(Bom) 1775

Here, first of all even if we consider the alternative theory that was put forward regarding the defence of right of private defence, yet no such circumstance has been proved which would show that whatever act has been done by either P.W.1 or by deceased was with the specific intention. ... We may, however, hasten to add that the means and the force a threatened person adopts at the spur of the moment to ward off the dange....

Court of Appeal Putrajaya

Since, the accused chased the deceased for a long distance to finish him off, it cannot be said that his act was not premeditated. Further, the accused cannot claim he did not take advantage or did not act in a cruel manner towards the deceased. ... [46] The burden to prove a general exception defence such as private defence is on the accused and it must be discharged on a balance of probabilities as sta....

2023 0 Supreme(Chh) 585

The conduct of the appellant in not making any report and attempting to dispose off the body by cremating also points out that he is the author of the crime and therefore, the trial Court is absolutely justified in convicting the appellant for the offence under Section 302 of I.P.C. and, as such, the ... His next submission is that the defence witness has also stated that he met the appellant in the night at the place of duty at about 01:00–01:30 A.M., which....

2022 0 Supreme(Ker) 355

What is the nature of proceedings under the Protection of Women from Domestic Violence Act, 2005 – civil or criminal? These are the important questions that arise for consideration in the above original petition. However, such an order ought to be passed only as a last resort as held in Rajnesh (supra). For all these reasons, I hold that in a proceeding under the DV Act, the defence can be struck off for non-compliance with an order of payment of pendente lite maintenance if the defa....

2021 0 Supreme(Del) 731

Copy of this order be given dasti to the aggrieved and be also sent to the local service provider if any. As the Respondent no.1 is ex-parte, a copy of this order be served upon him through the Protection Officer. Application of the aggrieved under Section 12 of the Protection of Women From Domestic Violence Act, 2005 is accordingly disposed off in the said terms.

2021 0 Supreme(Mad) 367

Therefore, the said provisions under the 'DV Act' would not alter the nature of criminal proceedings instituted under the 'DV Act'. 26. Sub-Clause (2) to Section 26 is clear that any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.

2020 6 Supreme 322

Sapna, MANU/PH/3684/2014 discussed the issue of striking off the defence in the following words: Section 24 of the Act empowers the matrimonial court to award maintenance pendente lite and also litigation expenses to a needy and indigent spouse so that the proceedings can be conducted without any hardship on his or her part. Thus, where the spouse who is directed to pay the maintenance and litigation expenses, the legal consequences for its non-payment are that the defence of....

2017 7 Supreme 673

Section 3 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the DV Act’) provides that if the husband of a girl child harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of his wife including by causing physical abuse and sexual abuse, he would be liable to have a protection order issued against him and pay compensation to his wife. Explanation I (ii) of Section 3 defines ‘sexual abuse’ as including any conduct of a sexu....