Court : Guwahati
Decided on : Aug-09-2000
..... clause (a) of section 10(1) which was in identical term. in mulla's hindu law, 15th edition at page 793 onwards, mulla has summarised the law and principle of desertion. the expression desertion in the context of matrimonial law represents a legal conception and is one very difficult to define. the essence of desertion ..... in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. ..... decisions with regard to the cruelly and they are: (i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant. (ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division ..... ground of desertion of the appellant (husband) by the respondent-wife. 2. the brief facts are as follows :- the parties were married according to hindu rites on 8-3-1980. it was a marriage by negotiation. the plaintiff-respondent is a doctorand the defendant-wife was a science graduate. a daughter ..... be irretrievably broken (a).' 10. in this case, we must bear in mind section 23 of the hindu marriage act. the initial words of the section adopt the well-established principle of matrimonial law that decrees of dissolution of marriage are to be made only upon strict proof. the proceedings under the .....Tag this Judgment!
Court : Orissa
Decided on : Jun-19-2000
Reported in : 2000(II)OLR166
..... vallabhalalji v. goswami shree mahalaxmi bahuji maharaj andanr.); air 1985 rajasthan 55 (damodar lai v. lalli lai and ors.) and paragraph 480 of mulla's hindu law. the learned counsel appearing for the plaintiff-respondent could not cite a single decision either of this court or of any other court where the adoption of ..... time and the courts have come to recognise that the bar contemplated in some of the texts/shastras of hindu law is confined to adoption of daughter's son, sister's son and mother's sister's son. this is clear from several decisions including that ..... 's son and mother's sister's son. the orthodox view of mulla's hindu law that no one can be adopted whose mother in her maiden state the adopter could not have legally married, has gradually been eroded in course of ..... , as sridhar could not have married draupadi. in the very paragraph of mulla on principle of hindu law relied upon by the trial court, it has been indicated that the said rule has been restricted in many recent cases to the daughter's son, sister ..... . 8. the next important question is as to whether such adoption was valid. the trial court has referred to paragraph 480 of mulla on principles of hindu law and come to the conclusion that defendant no. 3 being the son of draupadi, the neice (brother's daughter of sridhar), such adoption cannot be valid .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-28-2000
Reported in : AIR2001Guj118; (2001)1GLR16
..... land, created honestly, for the purpose of saving the estate or for the benefit of the title. by passage of time, the power of alienation came into existence in hindu law. before the hindu minority and guardianship act, 1956, came into force, the position of the natural guardian and de facto guardian was virtually identical, except in certain respects. after the 1956 act ..... facto guardian, for example, if it is effected for the marriage of the minor's sister. 29. the concept and philosophy of de facto guardian is unique and novel in hindu law. a de facto guardian means, at times, a self-appointed guardian. he is a person who takes continuous interest in the welfare of the minor person or in the management ..... was not brought in force. what was the proposition then would be the rights and liabilities of de facto guardian before the aforesaid act came into force? under the old hindu law, a de facto guardian enjoyed the same powers as a natural guardian. alienation by a natural or de facto guardian should be supported by necessity or benefit. alienation by a ..... facto guardian', under the provision of section 11, would not be able to deal with minor's property as a person with such a status used to do under uncodified hindu law. since our case is governed by the old provision, we should not enter into further details or meticulous examination of this aspect. 15. the learned single judge in the reference .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-09-2000
..... clause (a) of section 10(1) which was in identical term. in mulla's hindu law, 15th edition at page 793 onwards, mulla has summarised the law and principle of desertion.the expression desertion in the context of matrimonial law represents a legal conception and is one very difficult to define. the essence of desertion ..... in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. the ..... decisions with regard to the cruelly and they are:(i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant.(ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division bench ..... the ground of desertion of the appellant (husband) by the respondent-wife.2. the brief facts are as follows :-the parties were married according to hindu rites on 8-3-1980. it was a marriage by negotiation. the plaintiff-respondent is a doctorand the defendant-wife was a science graduate. a ..... be irretrievably broken (a).'10. in this case, we must bear in mind section 23 of the hindu marriage act. the initial words of the section adopt the well-established principle of matrimonial law that decrees of dissolution of marriage are to be made only upon strict proof. the proceedings under the .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-15-2000
Reported in : 2001(4)WLC345; 2001(1)WLN191
..... is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed.57. thus, legislative enactments affecting personal matters, which ..... from hindu religion.82. likewise madras high court too found jains to be distinct religious community having minority ..... 81. the court also opined about jainism as different religion from hindu religion:in my opinion considering the decision in air 1972 sc 2119 and also of the specific mention of jains both in the hindu law as well as in the various acts such as hindu marriage act, hindu adoptions and maintenance act, hindu succession act etc. jain shwetamber terapanthi sect profess a faith different ..... make a deeming provision for the purposes of treating buddhist, jains and sikhs to be hindus for the purposes of those enactments.56. in the hindu succession act, the hindu marriage act, hindu adoption and maintenance act and hindu minor and guardianship act, the parliament was categorical in making a legal fiction in respect of jains to be deemed hindus while determining the application .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-09-2000
Reported in : 2000(4)WLC506; 2000(3)WLN113
..... bargaining by the manufacturer to limited extent, and has thus enriched himself at the expense of plaintiff to the extent excess price recovered from the plaintiff was 'contrary to law'.(34). it may be seen that provisions under chapter v of contract act only gives some of the instances of obligations arising from certain circumstances, not arising from contract ..... kishore & ors. vs. stale of madhya pradesh (8). the court traced that development of principle underlying action for 'money had and received' for the plaintiff's use in english law into more legalistic based modern principle 'restitution of unjust enrichment'. (31). the court laid down that; the principle of unjust enrichment requires, first, that the defendant has been enriched by ..... such obligation, to get it enforced. this is amply clear from sustaining the maintainability of claim to restitution of an undue advantage taken of the plaintiffs' situation, contrary to laws made for protection of persons under circumstances from the statement of principle in mose's case. in the absence of any specific mode prescribed for enforcement of such obligation by ..... of the contract act only provides certain instances in which such principle of restitution on equitable doctrine has been statutorily recognised. it does not detract from remedy available under civil law on conditions of such action being fulfilled in the absence of any legal prohibition. (27). the principle that wherever a person has wrongfully paid money, he may have it .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-27-2000
Reported in : 2000(6)ALD308; 2000(6)ALT224
..... does not appeal to us'.13. on the other hand, the learnedcounsel for the 3rd respondent-bank submits that the very award of the ombudsman is illegal and contrary to law. the findings of the ombudsman that the bank was negligent is absolutely unfounded. he refers to various decisions on this aspect to establish that there was no fault on the ..... pass an award after affording the parties reasonable opportunity to present their case. he shall be guided by the evidence placed before him by the parties, the principles of banking law and practice, directions, instructions and guidelines issued by the reserve bank from time to time and such other factors which in his opinion are necessary in the interest of justice ..... the reserve bank of india whether the award was complied with or not. it is also stated that there are serious disputes with regard to the question of fact and law. therefore, it has to be decided in aproper proceedings before the competent forum.5. the question that calls for consideration in the writ petition is whether the award passed by .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-04-2000
Reported in : AIR2000MP288; II(2000)DMC522; 2000(3)MPHT514; 2000(3)MPLJ361
..... require any interference and are not liable to be disturbed. the condition precedent for raising a presumption of legitimacy envisaged under section 16 of the hindu marriage act, could not be said to have been satisfied as there was neither a de jure marriage nor a de facto marriage between ramkali ..... extent expressly enacted in the proviso to section 3(1)(j) of the act. for the purpose of succession to the property of a male hindu dying intestate, the act clearly intends only a legitimate relationship with the father unlike with the mother with whom a special fictional legitimacy and consequent ..... son' as used in the schedule is wide enough to include an illegitimate son especially in view of the provision contained in section 16 of the hindu marriage act, 1955, which provides that notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have ..... whether such a child is born before or after the commencement of the marralge laws (amendment) act, 1976 (68 of 1976) and whether or not a decree of nullity is granted in respect of that marriage under the hindu marriage act and whether or not the marriage is held to be void otherwise ..... ' either in class i of the schedule to the hindu succession act or any other place where such reference occurs. the term 'widow' as contemplated under the hindu succession act clearly means and implies 'female' who was united in marriage recognised by law and who survives the husband without remarriage.13. the learned .....Tag this Judgment!
Court : Delhi
Decided on : Mar-24-2000
Reported in : (2001)69TTJ(Del)97
..... revenue nature and would have to be taxed accordingly. the accountants might have taken some other view but accountancy practice was not necessarily good law. this was not a case of diversion of income by overriding title. the assessed was entirely at liberty to deal with the interest amount ..... the rival submissions and considered them carefully. we have also perused the material on record, on which our attention was drawn and the various case laws relied upon by both the parties. after considering the submissions and perusing the material, we are of the view that commissioner (administration) has assumed ..... sections 80hh and 80-i, it was submitted that these deductions were also wrongly denied, as the claim is allowable as per provisions of law because the assessed is deriving income from an industrial undertaking. the interest shown in the profit & loss account is net interest, as the ..... order dated 12-3-1998, was erroneous and prejudicial to the interest of revenue .2. that, on facts and circumstances of the case and in law the commissioner erred in directing the assessing officer to disallow deduction of rs. 78,80,125 representing advance excise duty paid and reflected under the head ..... 96. the following grounds have been taken by the assessed in its appeal :'1. that, on the facts and circumstances of the case and in law the commissioner (administration), delhi iii, new delhi erred in assuming jurisdiction under section 263 of the income tax act, 1961 (hereinafter referred to as .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-24-2000
Reported in : 2007(2)WLN567
..... granted, fall within the area outside the jurisdiction of the jaipur-bench.10. we have heard the learned counsel for the parties at length and have gone through the case law cited on behalf of both the sides.11. let us first deal with the preliminary objections raised on behalf of the respondents.12. the first preliminary objection raised was that ..... v.s. kokje, j.1. as these four petitions involve common questions of law and the facts involved in the petitions are also almost identical, they were heard together and are being decided by this common order.2. the petitions relate to the contracts .....Tag this Judgment!