Court : Madhya Pradesh
Decided on : Jun-19-2000
Reported in : 2000(4)MPHT269
..... has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or(ii) has ceased to be a hindu by conversion to another religion; or(iii) has been incurably of unsound, or has been suffering continuously or intermittently from mental disorder of such a kind and ..... the relationship between spouses results into one of misery and gives rise to inferior endowments of nature. the private secrets become public and abuses are hurled in law courts. tie and the bond become weaker day by day and the protagonists behave as characters of a drama full of emotions which are some times uncontrollable. ..... scene is quite unpleasant.2. to begin the narration of the case which, involves an interesting point of law, apart from facts, is as follows :the non-applicant/wife filed an application under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') seeking divorce on the ground that the applicant-husband ..... that rule 6-a (a) was introduced by amendment act, 1976. preceding the amendment, it was settled law that except in a money claim, counter-claim or set off cannot be set up in other suits. the law commission of india had recommended, to avoid multiplicity of the proceedings, right to the defendants to raise the ..... orderdipak misra, j.1. marriage has a different concept in hindu religion and philosophy. it is a sacrament and not a contract. two souls unite into one and a complete whole is created. the union .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-25-2000
Reported in : (2000)125PLR573
..... eviction could not be passed. the plea of the petitioner that proceedings for eviction should be stayed was also repelled.5. aggrieved by the same, hindu undivided family of kidar nath and sons preferred and appeal. the learned appellate authority had set aside the findings of the learned rent controller and concluded ..... not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and person claiming under ..... in its true sense. he can be in possession as a tenant but cannot become its owner, unless the agreement of sale was proved according to law and he actually purchased the property, i.e. house and other things, the defendant-respondent continues to be a tenant and that he has committed ..... as to how the status of a tenant was converted to be matured into the status of absolute rights of an owner. a substantial question of law is, in my opinion, involved and the same has incorrectly been decided by the lower appellate court. the decree of the lower appellate court, therefore ..... this term and previous litigation could be that tenancy was to continue and it could be terminated or eviction could be there in due course of law, especially when injunction suit was dismissed and the present landlords claim that they have become owners of house no.l 14 by way of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-28-2000
Reported in : II(2001)DMC172
..... d.b. of the bombay high court reported as 1987(2) hindu law reporter 343 : air 1987 bombay 182. mr. brar, learned counsel for the respondent further submits (hat the case which has been relied upon by the learned counsel for the petitioner ..... including that of the judgment of the hon'bte supreme court reported as 1993 air scw 2548 : 1994(1) rrr 574 (sc), smt. chand dhawanv. jawahar lal dhawan, 1993(2) hindu law reporter 203. the counsel for the respondent submitted that the judgment of this i ligh court, namely, devinder singh's case (supra) is again based on a judgment of the ..... custom cannot be accepted. by reasons of the overriding effect of the act as mentioned in section 4, no aid can be taken of the earlier hindu law or any custom, or usage as apart of that law inconsistent with any provision of the act. such a marriage cannot also be said to be voidable by reference to section 12. so far as ..... act. since those proceedings are under this act, therefore, she had the locus standi to file the petition under section 24 of the hindu marriage act.15. here, i consider my duty to discuss the case law which has been relied upon by the counsel for the petitioner. the star judgment relied upon was air 1988 s.c. 644, smt. yamunabai's .....Tag this Judgment!
Court : Delhi
Decided on : Sep-14-2000
Reported in : AIR2001Delhi86; 2000(57)DRJ41
..... subba rao and others, air 1957 ap 854 akram mea v. secunderabad municipal corporation, air 1957 ap 859 ashig ali v. khalil and others, 1983 all l.j. 405 and dharma ji allies baban bajirao shinde vs . jagannath shankar jadhav since deceased by his heirs bhanudas jagannath jadhav etc. : air1994bom254 . on the other hand, relying on the deci sions in vora ..... to raise construction at her cost and take 1/2 of property vide letter dated 3rd october, 1992. it is claimed that the plaintiff through her husband and brother in law completed the work of foundation, basement and ground floor. she paid to the defendant balance sale consideration of rs. 7,50,000/- on 16th november, 1992, 17th november, 1992 and ..... that the plaintiff is alleged to have entered into an agreement to sell dated 12th february, 1992 for purchase of one duplex flat in said property no.2/47. under law, no title in an immovable property passes under an agreement to sell and said agreement to sell dated 12th february, 1992 cannot affect the rights of bank to recover its .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-30-2000
Reported in : (2000)4GLR249
..... district registrar within three days from the receipt of such rejection. the district registrar will decide the said appeal in accordance with the provisions of the act, rules and bye-laws. the decision of the district registrar will be final. she, therefore, submitted that even if the contention of the learned counsel for the petitioners is well-founded that the rejection ..... , order of rejection of nomination forms, to quash and set aside the election process being illegal and contrary to statutory provisions and to pass an appropriate order in accordance with law. a prayer was also made that during the pendency and final disposal of the petition, the respondents may be directed to permit the petitioners to contest the election of the ..... the district registrar within a period of three days from the receipt of the order and the district registrar will decide the question in accordance with law. when such a provision is made in the bye-law itself, it would not be appropriate to entertain a petition under article 226 of the constitution.7. for the foregoing reasons, the petition deserves to ..... of nomination forms was contrary to law and on unsustainable grounds, alternative and equally efficacious remedy is available under the bye-laws and it was, therefore, obligatory on the part of the petitioners to approach the district registrar and this court may not interfere with .....Tag this Judgment!
Court : Chennai
Decided on : Mar-30-2000
Reported in : (2001)ILLJ834Mad
..... separate industrial establishment having its own separate and independent identity and existence which is not in the case in hand. the third respondent labour court has committed patent errors of law and perversity in approach so as to warrant interference of this court into the award passed by it.21. in result, the above writ petition succeeds and the same is ..... at the conclusion regarding the determination of the payment of bonus for the relevant year in question thereby justifying the claim of the management which is nothing but erroneous in law and the same cannot be sustained.18. there is only one management, i.e., india tourism development corporation limited which is having very many regional offices for transport units and ..... conclusion that there is independent existence for each and every unit so as to call it a separate 'industrial establishment'. 17. in the case in hand this vital aspect of law has never been either attempted to be analysed or ascertained by the third respondent labour judge and without base on such legality taking some sporadic activities of preparing the balance ..... arrived at in each and every unit, the individual units cannot be taken as independent entities having all features of an independent corporation or firm created under the authority of law and it is only a segment having its existence, management and control being centralised and operated by the management, i.e., the indian tourism development corporation.16. in many a .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-10-2000
Reported in : ILR2000KAR3695; 2001(2)KarLJ456
..... in respect of property which the woman acquired by inheritance, in a way to a very limited extent recognising the old hindu law in the matter, which restricted a woman's estate in inherited property and provided for its devolution as from the last full owner. prima facie, ..... coparcener is entitled to deal with the said properties as if they are his separate properties. 10. in mulla's hindu law, 15th edition by s.t. desai at page 345, item 257, the law on the subject is briefly stated as follows.-- 'alienation by sole surviving coparcener.--(1) a person who for the ..... 1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) ..... her cannot be treated as one inherited by her from her father and so, section 15(1) only would apply. whereas, succession to a female hindu generally is provided for under sub-section (1) of section 15 an exception has been engrafted under sub-section (2) recognising a different mode of devolution ..... and (e) lastly, upon the heirs of the mother. (2) notwithstanding anything contained in sub-section (1)-- (a) any property inherited by a female hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-18-2000
Reported in : II(2001)DMC79
..... position is not that good as has been determined by the learned ixth additional district judge, jabalpur in a proceeding under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').2. in this civil revision challenge is to the order dated 25.9.1998 passed ..... cannot be excessive or extortionate.'(quoted from the placitum)8. the present factual matrix has to be tested on the touchstone of the aforesaid enunciation of law. submission of mr. hyder, learned counsel for the petitioner, is that the petitioner had produced his income-tax returns and, therefore, the determination ..... the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. the amount of maintenance fixed for the wife should be such as she can live in reasonable ..... of brother or sister by the opposite party. after all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like section 24 of the act.'thus, from the aforesaid, it becomes crystal clear that maintenance allowance pendente lite ..... the income of a party only involuntary deductions like income-tax, provident fund contribution, etc., are to be excluded; and (2) though under the law opposite party may not be obliged to maintain brother or sister but if that brother or sister having no income is living with the opposite party .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-15-2000
Reported in : 2001(129)ELT296(MP)
..... the submission of learned standing counsel for union of india would have been acceptable but the fact of the instant case are quite different. the law laid down in the case of flock india ltd. (supra) is quite distinguishable inasmuch as in the said case the assessee had questioned the order ..... to other issues were raised before us during the course of the arguments. there shall be no order as to costs.'from the aforesaid enunciation of law it becomes graphically clear that hdpe strips fall under a different heading and the industries dealing with the same is entitled to modvat facility. mr. tankha ..... not claim modvat. under such circumstances, the petitioner could not be put under a legal disability and denied credit of duty paid under mistake of law committed by the excise authorities. it has also been set forth that the duty was paid under protest and that is apparent from various letters and ..... into consumption.3. after receipt of notice to show-cause the petitioner submitted its reply contending that the benefit, which had accrued to it under law was denied on account of the erroneous interpretation on the part of the department, and hence, he cannot be denied the benefit on the basis ..... for filing a declaration to avail modvat benefit, but the same was not allowed by the department. while the petitioner was paying tax as a law abiding and sincere tax-payer other manufacturers of hdpe woven sacks/tapes/fabrics from indore filed a writ petition before the indore bench of this court .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-09-2000
Reported in : JT2000(7)SC47; (2000)3MLJ112(SC); 2000(4)SCALE698; (2000)6SCC151; Supp1SCR1
..... to him. in that case, b.k. mukherjea, j. speaking for the three-judge bench observed in this connection about shebaitship as under:(b) hindu law - religious endowments - shebaitship. whatever might be said about the office of a trustee, which carries no beneficial interest with it, a shebaitship, combines ..... this connection, we may usefully refer to the observations of learned author b.k. mukherjea on 'the hindu law of religious and charitable trusts' - fifth edition by a.c. sen, eastern law house in connection with kattalai grants in south india. the learned speaker in one of his lectures reproduced ..... 4:19. learned senior counsel for the respondents was right when he contended that the scheme of administration settled by the board of commissioner for hindu religious endowments, madras on 13th september, 1945 was not highlighted or relied upon before the trial court or even before the high court. ..... demise to defendant no. 10 as his successor manager. so far as the order dated 13th september, 1945 of the board of commissioner for hindu religious endowments, madras is concerned, it was submitted that no reliance was placed on the same during the trial and, therefore, the appellants ..... defendant no. 9 itself was inoperative in law.6. it was also contended that by an order dated 13th september, 1945 of the board of commissioner for hindu religious endowments, madras, a scheme of administration was settled under section 57 of the madras hindu religious endowments act, 1926 (madras act ii .....Tag this Judgment!