Court : Allahabad
Reported in : AIR1971All366
..... for the plaintiff respondent, but i have not been able to appreciate the relevance of his argument based on article 44 of the constitution, article 44 of the constitution reads as follows:-- 'the state shall endeavour to secure for the citizens uniform civil code throughout the territory of india.' what has this provision of law to do with the interpretation of the u. p. z, a. and ..... applicable by virtue of the muslim personal law, (shariat) application act, 1937 and section 37 of the bengal, agra and assam civil courts act. 1887, but in view of article 44 of the constitution it is submitted that the personal laws of hindus and mohammedans cannot be applied to agricultural land. the learned counsel further submitted that the notions of hindu law and ..... l. r. act. this provision simply states the directive principles of state policy as to how laws will be made. our constitution ..... guarantees religious freedom to all the citizens of india vide article 25. every citizen is free to follow his own religion and if in accordance with the tenets of a religion a citizen proposes to transfer his .....Tag this Judgment!
Court : Delhi
Reported in : 2001(59)DRJ522
..... k; in conformity/uniformity with the laws of the rest of indian states, frame uniform civil laws throughout india including the state of j&k; as empowered under article 44 of the constitution of india, grant all civil rights of purchasing immovable properties in j&k; and free movement of the people of ..... other states, etc., in j&k; to clearly and really treat the jammu & kashmir an integral part of india under the indian constitution and also ..... be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the constitution to the executive and the legislature. the court has to act ruthlessly while dealing with imposters and busy bodies or meddlesome interlopers impersonating ..... kashmir and take steps for preventing them from the unwanted, forced and compulsive step of migration from j&k; to other states of india due to their insecurity in the state on account of continuous and growing incidents of terrorism in the state and also rehabilitate the kashmiri people ..... under the prevailing facts and circumstances in the interest of public and the indian country as a whole and to achieve peace and permanent solution of kashmir; and (5) issue appropriate order and direction to the government of india and the .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... traced into legal and historical sources. essentials of ancient hindu law were varied to bring it in line with the constitutional mandate and need of the society.18. referring to article 44 of the constitution, a constitutional bench of the supreme court in the case of mohd. ahmed khan v. shah bano begum : 1985crilj875 had said ..... the supreme court observed as under:11...these words are important and cannot be ignored. they have to be given their natural meaning. in union of india v. hansoli devi it has been held that it is a cardinal principle of construction of a statute that when the language of the statute is ..... , thus, in law, be a defective or an incomplete petition.21. some divergent views prevailed whether under hindu law, as applied by courts in india, marriage was a sacrament or both, a sacrament and contract. the courts expressed the view that it was not merely a sacrament but also a ..... the court to expand its meaning and convert a mandatory provision into directory which may even result in defeating the object of the provision. in new india sugar mills ltd. v. commissioner of sales tax, bihar : air1963sc1207 , the supreme court observed thus--it is a recognised rule of interpretation of ..... values of the society.5. in the case of dr. dwaraka bal v. professor nainan mathews : air1953mad792 the court observed that the law in india in its anxiety to protect the sacred institution of marriage, has not allowed mere incompatibility of temperament to be a ground for divorce. till the .....Tag this Judgment!
Court : Karnataka
Reported in : I(2000)DMC107; ILR2000KAR1771; 1999(6)KarLJ598
..... standing demands of women and social organisations as also 59th report (1974) of the law commission of india. moreover article 44 of the constitution of india directs the state to make all endeavours to secure for the citizens a uniform civil code throughout the territory of india. this enactment certainly ensures a step-in-aid towards achievement of the said directive principle as set ..... out in part iv of the constitution, at least in providing a common procedural law, for adjudicating matrimonial matters ..... , or such other order as to the court seems fit:provided xxx xxx xxx.5. indian divorce act is an 'existing law' under clause (10) of article 366 of the constitution of india. it was enacted with the object to amend the law relating to the divorce of persons professing the christian religion, and to confer upon certain courts the jurisdiction ..... throughout the territory of india (except the state of jammu and kashmir) without carving out any exclusion based on religion, caste or community.10. under .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1990Bom344
..... sections 125 and 127 of the criminal procedure code, that sections 125 and 127 of cr. p.c. were applicable to muslims and it was a matter of regret that article 44 of the constitution of india had remained a dead-letter and it was high time that a beginning should be made in the direction of securing a uniform civil code for all the citizens .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1964Kant67; AIR1964Mys67; ILR1963KAR788; (1963)2MysLJ122
..... different conceptions are embodied in different systems of personal law and this must continue to be the state of affairs until as visualised in article 44 of the constitution, a uniform civil code is achieved.in the present state of affairs different considerations operate in respect of persons belonging to different religions or ..... , 'collusion' is defined as:'secret arrangement between husband and wife that one of them shall represent in court the other as having committed acts constituting a cause of divorce, for the purpose of enabling the plaintiff to obtain a divorce the defendant not actively contesting the plaintiff's allegations.'stroud in ..... mentioned above the circumstances that the two parties to a marriage were necessarily together at the time of the marriage should not be held to constitute 'residing together' even though it may appear to be straining the meaning of that phrase.in this connection it may be remembered that in ..... petitioner by a letter to give his consent for her marriage with the co-respondent. at that time the petitioner was in military service in northern india at a place called shaha-jahanpur. he gave his consent as per the letter marked exhibit p.2, dated 5-2-1947. thereafter, the ..... of the district court. the material placed before the district court seems to show that the marriage took place in the muskam church of south india at kolar gold fields on 22-6-1940, that the petitioner came to that place for the marriage, that on the night of the marriage .....Tag this Judgment!
Court : Kerala
Reported in : 2008(3)KLJ637; 2008(4)KLT885
..... are some of the muslim countries to be remembered in this context). a keen perception of the new frontiers of indian law hinted at an article 44 of the constitution is now necessary on the part of parliament and the judicature.a. yusuf ali in his commentary on the holy quran has pointed out with ..... is further observed that the concept of muslim law is based upon the edifice of shariat and that muslim law as traditionally interpreted and applied in india permits more than one marriage during the subsistence of one and another though capacity to justice betweeen co-wives in law is condition precedent and that ..... again cannot compel the first wife to share the conjugal home with the co-wife.17. in the decision reported in lily thomas v. union of india a.i.r. 2000 s.c. 1650, the apex court held that inspite of the first marriage, a second marriage can be contracted by the ..... times, but not more. the subsequent lines declare that if the man cannot deal equitably and justly with all, he shall marry only one.8. in india, polygamy is positively unlawful. it calls for a strong moral 'if not a religious factor to eradicate polygamy from among the mussalmans. we have recognized the ..... the practice of polygamy is allowed in the strict sense by islam, there is no system or measures in india to supervise or control such indiscreet marriages and divorce. ulemas, khazis and clergymen in india have not given their serious thoughts to this social problem nor have they chosen to appeal to the government .....Tag this Judgment!
Court : Kerala
Reported in : AIR1993Ker146
..... dissolution, maintenance and guardianship, intestate succession, testamentary succession and tarwad and its management and partition. in pursuance to the directive principles contained in article 44 of the constitution of india, parliament passed the following four enactments applicable for the whole of india : 1. the hindu marriage act, 1955 2. the hindu succession act, 1956 3. the hindu minority and guardianship act, 1956 4 ..... to that extent the corresponding provisions in relation to the said subject matter as contained in the travancore nair act, etc. this is clear from article 254 of the constitution of india. article 254 (1) reads as follows: "article 254:-- inconsistency between laws made by parliament and laws made by the legislatures of states -- (1) if any provision of a law made ..... repeal of section 17 of the hindu succession act. it was pointed out that the latter act had received the assent of the president of india and, therefore, article 254 (2) of the constitution of india was attracted and the state legislation could repeal section 17 of the central legislation. 22. we are unable to agree with this contention. it ..... act applies or whether the said section has become repugnant on the passing of the kerala joint hindu family system (abolition) act, 1975, in view of article. 254(2) of the constitution of india. for the purpose of deciding that question, it is necessary to refer to the relevant statutory provisions contained in the travancore nair act (regulation ii of .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker93
..... of christians governs inheritance, succession, marriage and divorce laws. different personal laws are applicable to different communities in india. the constitution of india has accepted this position and it is precisely for this reason that directive principle has been incorporated in article 44 of the constitution of india for evolving of uniform civil cdde, but in view of the strong opposition from the community itself, the ..... and it should be welcomed.' xxx xx32. it is also a matter of regret that article 44 of our constitution has remained a dead letter. it provides that 'the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of india.' there is no evidence of any official activity for framing a common civil code for the ..... is within the legislative competence and will not infringe any legal right of the petitioners which could be complained of to invoke the power of this court under article 226 of the constitution of india.e) as christians, the petitioners have a right to challenge the validity of the section, provided they satisfy the second limb that any one of his ..... . it is stated in the original petition that there is no justification in retaining the impugned provision in the statute book, which is arbitrary and violative of article 14 of the constitution of india, since the mortmain statutes were repealed by charities act, 1960 and by that the very basis and foundation of the impugned provision has become non-existent. in .....Tag this Judgment!
Court : Mumbai
Reported in : 1986(2)BomCR642
..... tune with the decision of the supreme court in shah banu's case as well as article 44 of the constitution of india. under act 141 of the constitution of india, the law declared by the supreme court of india is the law of the land. the purposes for which morcha was taken out was fully ..... the impugned order, without following the procedure prescribed by law. the said order is also violative of petitioner's fundamental rights guaranteed under article 19 of the constitution.2. while denying the allegations made in the petition, the respondents have not denied the averments made in paragraph 3 of the petition, ..... in himmat lal k. shah v. commissioner of police, ahmedabad & others, : 2scr266 , the supreme court observed that 'in india a citizen had, even before the constitution, a right to hold meeting etc. obviously subject to the rules and regulations as well as consideration of public order. a right to peacefully ..... of legal rights by others or imperil the public safety and health. if that be so the matter must fall within the restrictions which the constitution itself visualizes as permissible in the interest of public order, or in the interest of the general public. we may say, however, that ..... supreme court in kamleshwar prasad and others v. state of bihar and another, : (1962)illj294sc in sakal appears (p) ltd. v. union of india, : 3scr842 , the supreme court held that the freedom of speech and expression include freedom of propagation of ideas and that this freedom is ensured .....Tag this Judgment!