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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Court: kerala Year: 1985 Page 1 of about 40 results (0.034 seconds)

Jun 14 1985 (HC)

Kunnarath Yesoda Vs. Manathanath Narayanan

Court : Kerala

Decided on : Jun-14-1985

Reported in : AIR1985Ker220

..... are within the ambit of section 29(3) of the limitation act, 1963. are appeals arising therefrom within the scope of that section? it is contended on ..... suits under any law relating to marriage and divorce, be it that such proceeding is registered as a suit or not, and that is the basis of the law commission's recommendation. thus there can be no doubt that the original proceedings under the hindu marriage act, 1955 in the court of first instance ..... , a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost'.section 15 of the hindu marriage act only enables the applicant to obtain a copy free of cost; but does not statutorily prescribe the time during which the copy has to be ..... conclusion of balagangadharan nair, j. in 1981 ker lt 602 : (air 1981 noc 221).17. the contention therefore that the appeal under the hindu marriage act against a decree for divorce should be filed within 30 days of the date of the decree, whether a certified copy has been obtained or not ..... stating that 'every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of that court'. the appeal under the hindu marriage act is thus a remedy available under the special enactment with all the characteristics of an appeal under the civil procedure code, and the high court, in .....

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Apr 11 1985 (HC)

Raghavan Radhakrishnan Vs. Sathyabhama Jayakumari and anr.

Court : Kerala

Decided on : Apr-11-1985

Reported in : AIR1985Ker193

..... clause (a) of the sub-section because the counsel for the appellant had dwelt upon the expression 'desertion' as described in explanation to section 13(1) of the hindu marriage act, 1955 (hereinafter referred to as the marriage act) in support of his contention that to constitute 'desertion', animus was a must. explanation to that sub-section reads as follows :'in this sub-section, the expression ..... exigencies of his employment. this is not sufficient to attract section 18(2)(a) of the hindu adoptions and maintenance act, 1956.'for one thing, the main proceedings before the division bench were those relating to the restitution of conjugal rights under section 9 of the marriage act. secondly, the division bench did not lay down as a legal proposition that animus deserendi ..... that of the expression 'desertion' in the context of the claim for maintenance by the wife, deserted or neglected. for the purpose of 'divorce' under section 13 of the marriage act, the petition could be either by the husband or wife; and the desertion could be either by the husband or the wife. divorce cuts away the matrimonial tie completely; and ..... observation, we must note, has been made with reference to the requirements for a decree for dissolution of the marriage under the bombay hindu divorce act, with particular reference to the essential requirements of 'desertion' as defined in section 3(d) of that act. it has also to be pointed out that the expression used is the 'offence of desertion'. the standard of .....

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Jul 19 1985 (HC)

Hema Vs. S. Lakshmana Bhat

Court : Kerala

Decided on : Jul-19-1985

Reported in : AIR1986Ker130

..... orderu.l. bhat, j.1. revision petitioner is the wife of the respondent. they are governed by the provisions of the hindu marriage act (for short 'the act'). they were married on 24-8-1975 and lived together till december, 1979. thereafter, they have been living apart. each has his/her own explanation for the present state of ..... wife or even the divorced wife. concept of equality between the spouses has gained recognition. that is why section 24 of the act enables either spouse to make a claim. status of the wife as an equal partner in marriage is now generally accepted. the idea of ceiling of l/5th of the income has lost all relevance and advisedly such a ..... ceiling has not been incorporated in section 24 of the act. the legislature has declared its policy under section 24 of the act, the policy being that the quantum to be ..... provided in the proviso to section 36, divorce act. the ceiling was contemplated in a legislation enacted more than hundred years ago. during the last hundred years, phenomenal changes have taken place in indian society and the societal values. there has been rethinking even regarding the position of spouses in the institution of marriage and the concept of divorce. more and more .....

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Jun 11 1985 (HC)

Velukutty Vs. Prasannakumari

Court : Kerala

Decided on : Jun-11-1985

Reported in : 1985CriLJ1558

..... marriage under section 13(1)(a)(i) of the hindu marriage act alleging that they have not resumed cohabitation after the order for judicial separation. in that o.p. the counter petitioner filed la. no. 913 of 1984 ..... alleging desertion by the petitioner the counter petitioner filed o.p. no. 239 of 1980 before the district judge, kozhikode for judicial separation under section 10(1)(a) of the hindu marriage act. that petition was allowed and judicial separation was ordered. then the petitioner filed o.p. no. 69 of 1982 before the same court for dissolution of the ..... of the district judge, kozhikode, it may be true that the counter petitioner filed la. no. 913 of 1982 in that case claiming interim alimony under section 25 of the hindu marriage act and the court might have allowed interim alimony till the date of ordering divorce as contended. the contention is that she opted maintenance under the ..... hindu marriage act and hence she is not entitled to claim further maintenance under section 125 of the criminal procedure code. even if interim alimony has been claimed and granted as alleged that was admittedly .....

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Jun 07 1985 (HC)

D. Thankaraj Vs. Smt. M.C. Pushpa Rose

Court : Kerala

Decided on : Jun-07-1985

Reported in : AIR1986Ker23

..... necessary expenses which must be deducted.11. in usha v. sudhir kumar (1974) 76 punj lr 195, also arising under the provisions of the hindu marriage act, the court held that in arriving at the disposable income of the husband deduction can be given only to such items of expenses over which he ..... of bona fides is alleged.10. in preeti v. ravind kr. sharma air 1979 all 29, also a case arising under the provisions of the hindu marriage act, it was held that necessary expenses connected with the job or business which have to be made so that the job or business may continue, ..... given for the repayment in regard to loan transactions. in sushama v. suresh air 1982 delhi 176, a case arising under the provisions of the hindu marriage act, it was held that in arriving at the disposable income, optional deductions may be taken into consideration if they were made bona fide. the court ..... of the delhi, allahabad and punjab and haryana high courts rested on consideration of the provisions of the hindu marriage act. decisions of the calcutta and madras high courts considered the provisions of the indian divorce act. it appears to me that the view taken in the latter decisions is correct. decisions of the allahabad ..... certificates etc. in that case, deduction in regard to long term loans was not allowed.12. two decisions arising under the provisions of the indian divorce act have been placed before me. in lobo v. lobo air 1939 cal 753 it was held that 'net income' means income after allowing for the .....

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Mar 25 1985 (HC)

K.V. Narayanan Namboodiri and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Mar-25-1985

Reported in : AIR1985Ker160

..... ) and (e) of sub-section (1) of section 4 are, to be effected by the hindus among the council of ministers. a similar provision in the travancore-cochin hindu religious institutions act (t.c. act 15/1950) was held valid by a full bench of the travancore-cochin high court in nambooripad v. c. d. board air 1956 trav-co. 19. the full ..... properties by any process known to law prior to the commencement of the constitution.'in coming to this conclusion this court noticed that the scheme framed under the madras hindu religious endowments act, 1926 which governed the temple at the time of the commencement of the constitution had fully recognised the right of the worshippers to intervene for the purpose of preventing ..... held as follows : --'in the case of the guruvayoor temple it has already been seen that the worshipping public had been asserting and exercising their rights under the madras hindu religious endowments act and the scheme itself wasoriginally framed by the board on the petition filed by some worshippers. not being satisfied with the provisions contained in the scheme framed by the ..... .s. nos. 1 and 2 of 1929 as modified in o.s. no. 1 of 1933 at the time when the constitution came into force. after the madras hindu religious and charitable endowments act, 1951 came into force on 30-9-1951, the commissioner, h.r. & c.e. (administration department) filed o.p. no. 3 of 1965 in the court of the .....

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Nov 27 1985 (HC)

Deepa and ors. Vs. S.i. of Police, and anr.

Court : Kerala

Decided on : Nov-27-1985

Reported in : 1986CriLJ1120

..... without which there cannot be a crime. for example a man may intend to marry during the lifetime of his wife and enter into a marriage believing that he is committing the offence of bigamy. mens rea is there. but if unknown to him his wife died before he married ..... some of the members of the audience feel annoyed at seeing the exhibition or dallying of some parts of the female body, though such acts accompanied with sounds are normally expected by the spectators patronising a cabaret show. the decision accepts and equates cabaret shows with pornographic filth and ..... as a small club in which the audience was grouped around an entertainment platform. the entertainment at first consisted of a series of amateur acts linked together by a master of ceremonies; its coarse humour was usually directed against the conventions of bourgeois society. before long the french cabaret ..... discretion. only when such authorities refuse to exercise their discretion properly or act illegally resulting in abuse of process of court and failure of justice that this court intervenes in the exercise of inherent power to set matters ..... having the discretion to decide whether the materials collected are sufficient to place the accused for trial. taking cognizance by courts is also a judicial act. refusal to take cognizance in appropriate cases, say for instance, for want of requisite sanction or non-disclosure of an offence, is within judicial .....

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Nov 01 1985 (HC)

Kuttappan Vs. State of Kerala

Court : Kerala

Decided on : Nov-01-1985

Reported in : 1986CriLJ271

..... responsibility, his own father and sister give support, that his parents believe his wife and if and when proved he would kill.' it was revealed that it was his second marriage. he was found depressed and sad. appellant asked the doctor whether appellant's wife was poisoning him. on 16-10-1979, appellant was given electro convulsive treatment at the ..... they include homicide, suicide, sexual attacks or self-mutilation. the lack of feeling removes civilized restraining; but a delusional misinterpretation or a hallucinatory command may also contribute to the antisocial act.in comprehensive text book of psychiatry by freedman kaplan at pages 625 and 626 it is observed:the one feature common to all manifestation of schizophrenic thought disorder is that ..... the matters before it, it believes that such circumstances existed or their existence was so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that they did exist. accused has to rebut the presumption that such circumstances did not exist by placing material before court or relying on materials already before ..... prosecution. however, it has to be pointed out that there is a presumption of sanity though the presumption is rebuttable. everyone is presumed to know the natural consequences of his acts. if a person deliberately strikes another with a deadly weapon which, according to common experience, is likely to cause an injury, sometimes even a fatal injury depending upon the .....

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Sep 26 1985 (HC)

Smt. Chechamma Thomas Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Sep-26-1985

Reported in : [1986]161ITR718(Ker)

..... judgment under the signature of the registrar and seal of the high court would be forwarded to the income-tax appellate tribunal, cochin bench.annexureincome-tax act, 1922income-tax act, 1961income-tax act, 1922(for decision ia : [1969]74itr849(sc) and : [1971]82itr460(sc) )(for decision in the case on hand)(for decision in ..... if we carefully consider the facts of the case and the reasoning of the supreme court in mrs. bacha f. guzdar v. cit : [1955]27itr1(sc) , we would at once realise that that decision has no application to the present case. the facts of the case were as ..... 6a). ' accumulated profits' are, therefore, profits which are so regarded in commercial practice, and capital gains as defined in the income-tax act. realisation of appreciated value of assets in commercial practice is regarded as realisation of capital rise, and not profits of the business. unless, therefore, ..... income derived is agricultural income would not, therefore, be chargeable on a combined reading of section 12b with section 2(4a) of the income-tax act under the head 'capital gains'. the expression 'accumulated profits' does not include capital gains arising within the excepted periods: vide explanation to section 2( ..... the rise in the capital value will not be deemed dividend for the purpose of the income-tax act.counsel for the department contended, relying upon mrs. bacha f. guzdar v. cit : [1955]27itr1(sc) , that since dividend received by a shareholder of a company out of the profits earned .....

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Jul 19 1985 (HC)

T.V. Abdul Nazar and anr. Vs. P.K. Mohammed Kutty, Drug Inspector and ...

Court : Kerala

Decided on : Jul-19-1985

Reported in : 1986CriLJ1534

..... . the complaint is for offences punishable under para 21 of the drugs (prices control) order, 1979 read with sections 3 and 7(1)(a)(ii) of the essential commodities act, 1955. in this petition filed under section 482 of cr. p.c. the prayer is for quashing the proceedings in s.t. 6/85. the simple question for consideration is ..... the offence on a complaint filed by the drugs inspector and proceed with the case.2. section 11 of the essential commodities act, 1955 (act 10 of 1955) reads:no court shall take cognizance of any offence punishable under this act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined ..... for matters connected therewith or incidental thereto. section 2 of the amendment act provided that during its continuance, the principal act (essential commodities act, 1955) shall have effect only subject to sections 3 - 11 of the amendment act. by sections 3 - 13 of the amending act, most of the sections in the principal act were drastically amended temporarily for the purpose of achieving the abovesaid object. ..... section 10a of the principal act was amended. section 12 was omitted. section .....

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