Court : Delhi
Decided on : Nov-15-1983
Reported in : AIR1984Delhi66; ILR1984Delhi546; 1984RLR187
..... of irretrievable breakdown is also the basis of sub-section (iii) of section 13. that sub-section says :' '(iii) that in a suit under section 18 of the hindu adoptions and maintenance. act, 1956, or in a proceeding under section 125 of the code of criminal procedure, 1973 (or under the corresponding section 488 of the code of criminal procedure, 1898 ..... a contract of a permanent nature, in the intention of the parties. marriage is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligations. right.of property are attached to it. the essence of matrimony, is consent. (linda v. belisario ( ..... decree governed by principles of equity. justice, and food conscience. (kondal v. ranganavaki air 1924 mad. 49) (27).(45) fifthly, attorney general argued, that the constitutional lity of section 9 has to be adjudged 'by the generlity of cases it covers, and not by the freaks and exceptions it martyrs ..... not every casual commerce. a mere ..casual commerce, without the intention of cohabitation, and bringing up of children, would not constitute .marriage. but when two parties agree to have that commerce for the procreation and bringing up of the children, and for such lasting cohabitation that would be a marriage ..... to prove that the plot was really allotted on 9-2-1979, as is the wife's case. on a draw of lots on 27-11-77 she became entitled to a plot of land. no record has been produced either of the draw of lots or of allotment or .....Tag this Judgment!
Court : Delhi
Decided on : Nov-17-1983
Reported in : 1984CriLJ550; 1984(2)Crimes173; 1984(6)DRJ67; 1984RLR136
..... displace an order under section 125 of the code and if it has to be displaced, better ..... sweep of article 12 reinforced by act 39. so, an order under section 125 of the code was held to prevail over an interim order under see 24 of the act because the latter was not a final determination such as the one under the hindu adoption and maintenance act, 1956. it was contended that since an order under sec 25 of the act was a final determination, it must ..... , j. (1) the parties were married on 20-2-1980. their marriage was dissolved by the additional district judge on 6-1-1982. the wife was granted under section 25 of the hindu marriage act, 1955 (the act) a monthly maintenance of rs. 200.00 per month with effect from 21-9-1981. inspire of this order, the learned metropolitan magistrate, in a petition under ..... section 125 of the code of criminal procedure 1973 (the code) by his order dated 1-7-1982 granted maintenance at the rate of rs. 300.00 per month with effect .....Tag this Judgment!
Court : Delhi
Decided on : May-24-1983
Reported in : AIR1984Delhi1; 1983(5)DRJ305; 1983RLR724
..... recourse to the civil or criminal court. there is no question of granting alimony in such cases. it has to be maintenance simplicities as per section 18 of hindu adoption and maintenance act. furthermore, the section shows as per sub-section (3), that alimony has to end on the re-marriage of the ex spouse. how can there be a remarriage if the first marriage is still subsisting ..... the wife.(2) after the proceedings were over in the high court, the wife applied for permanent alimony and maintenance under section 25 of the hindu marriage act, 1955. this application was rejected by miss usha mehra, additional district judge, on the ground that such permanent alimony and maintenance can only be granted in case divorce is granted and not if the marriage subsists. (3 ..... conduct of the parties and other circumstances of the case it may seen to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) if the court is satisfied that there is a change in the circumstances of either party at any time after it has ..... , then an order regarding the maintenance of the children and their education has to be passed. this can only happen when the decree determines the matrimonial ties and not if the application is dismissed. there is no necessity to pass any such order if the relationship of the husband and wife remains the same as before.(12) section 27 also shows that if a .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-1983
Reported in : AIR1983Delhi351; 23(1983)DLT434; ILR1984Delhi201
..... petition the parties need not be hindus.27. the fact that the application of the act is to a person who is a hindu by religion in any of its forms or developments as set out in section 2 and this provision is identical with the provisions contained in the hindu succession act, 1956, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956 cannot be held to lead to ..... to be a hindu at the time when the petition is presented. the relevant date on which both ..... the petition the marriage sought to be dissolved under the act has to be a hindu marriage. it can be dissolved only in accordance with the provisions of the act. it would, thereforee, appear that when section 2 says that this act applies to any person who is a hindu, it also contemplates a person who was a hindu at the time of marriage but has since ceased ..... me that this case is not a fit case for grant of a certificate. the reason being that these are matrimonial proceedings and the matter is at the preliminary stage when only the petition has been filed in the trial court. neither the written statement has come on record nor is any other material available to be able to ascertain the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-03-1983
Reported in : (1983)LC264DTri(Delhi)
..... machines under headinge 84.41(2). this would be the appropriate classification even if one were to rule out the application of the aforesaid section note 2(b) because of interpretative rule 3(c) according to which "when goods cannot be classified by reference to rule 3(a) or rule 3(b) (both of which do not apply in the instant case ..... of an international organisation (customs cooperation council) on matters of classification under the brussels nomenclature which is, as noted earlier, the basis of the first schedule to the customs tariff act of 1975. therefore, these explanatory notes are of considerable persuasive value in the matter of interpreting expressions occurring in the customs tariff schedule as well as ascertaining the scope of ..... adaptations. as seen from the statement of objects and reasons, annexed to the customs tariff bill, 1974, one of the main features of the first schedule to the customs tariff act (with which we are concerned) is that the description of the articles is based on the btn. though the explanatory notes to the btn have no legal force, they represent ..... is based. the statement of objects and reasons attached to the customs tariff bill, 1974 shows that one of the main features of the first schedule to the customs tariff act is that the description of the articles is based on the brussels tariff nomenclature (btn), now known as the customs cooperation council nomenclature (cccn). the relevant headings in the cccn .....Tag this Judgment!