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Judgment Search Results Home > Cases Phrase: hindu marriages validation of proceedings act 1960 Page 1 of about 4,938 results (0.127 seconds)

Feb 07 1968 (SC)

Udai Ram Sharma and ors. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : [1968]3SCR41

..... tax imposed exceeded the limit of rs. 50/- per annum prescribed by the said act, and the validity of the imposition of any such tax shall not be called in question in any court;" (2)the hindu marriages (validation of proceedings) act, 1960 (act 19 of 1960) was passed to obviate the short comings in the hindu marriage act pointed out by the punjab high court in janak dulari v. narain das (a ..... .i.r. 1959 punjab 50). there the high court held that the court of an additional judge cannot be regarded as a principal court of civil jurisdiction within the meaning of the hindu marriage act and ..... that a district judge to whom a petition under the act is presented cannot transfer it to an additional judge for trial. the object of the validation act was to validate all proceedings taken and decrees and orders passed by any of the courts specified in cl. (2 .....

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Aug 04 1976 (HC)

Biswanath Bhukta Vs. Executive Officer, Talcher Municipality and ors.

Court : Orissa

Reported in : AIR1977Ori1; 42(1976)CLT1097

..... observed:--'in our opinion the contentions raised about the invalidity of the amending act on the ground that section 3 thereof was not made expressly retrospective or that it encroached ..... scope and effect to the validating acts. by way of illustration reference may be made to the following acts. (1) the professions tax limitation (amendment and validation) act, 1949 where section 3 (1) provided that.........'in the judgment, reference was made to the professions tax limitation (amendment and validation) act, 1949 and the hindu marriages (validation of proceedings) act, 1960, and thereafter it was ..... paid on the basis of the dead notification under section 4.(iii) the validation act violated article 14 of the constitution in various ways.on behalf of the union government, it was contended that the legislative competence of parliament is ..... which had become exhausted after the first declaration under section 6 and no acquisition could be made without a fresh notification under section 4.(ii) the validation act violated article 31(2) of the constitution inasmuch as it purported to authorise acquisition without fresh notifications under section 4 thereby allowing compensation to be .....

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Mar 20 1968 (HC)

Joginer Singh Vs. Pushpa

Court : Punjab and Haryana

Reported in : AIR1969P& H397

..... statute and becomes final can its validity be questioned or can it be said to be a nullity in proceedings for divorce under section 13(1)(ix) of act 25 of 1955 (since omitted by the hindu marriage (amendment) act, 1964 (act 44 of 1964) which inserted section 13(1a) in the act)? this is how this case has ..... or not, i wish to record my views. 38. the first question for decision is whether the decree dated 18-5-1960 for restitution of conjugal rights passed under section 9 of the hindu marriage act. 1955 was a consent decree or not.39. there is no dispute regarding facts in january ..... , 1960, joginder singh moved a petition under section 9 of the act seeking restitution of conjugal rights. in the petition he made an allegation that his wife ..... the parties. there is absolutely nothing in support of any such fantastic suggestion and no suggestion has really been made. that being so the proceedings of july 6, 1960 in the first execution application prove beyond question that within twelve to fifteen days of the date of the decree for restitution of conjugal ..... with due deference to my lord, the chief justice i beg to differ on the question, that the decree passed on 18-5-1960 under section 9 of the hindu marriage act was in substance and in fact not a consent-decree.16. as i and my learned brother pandit j. agree that the decree .....

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Apr 16 1980 (HC)

inderjit Kaur Vs. Rajinder Singh

Court : Delhi

Reported in : 18(1980)DLT197; 1980RLR666

..... for the husband advanced before me proceeded on such analogies. since the analogies do not hold, those arguments are not valid. (21) with respect -to an action for restitution of conjugal rights, in particular, it has been repeatedly held that a decree cannot be passed unless all the requirements of section 9 of the hindu marriage act are established to the satisfaction ..... restitution of conjugal rights cannot be passed merely on the basis of a compromise. this is clear from section 23(1) of the hindu marriage act 1955, the relevant words of which are as follows : in any proceeding under this act, whether defended or lift, if the court is satisfied that (a)any of the grounds for granting relief exists.......... .................'then, and ..... , was that desertion 'can be demonstrated equally clearly by other more appropriate approaches'. that reason is not any the less valid in india. it leads to the conclusion that the action for restitution is unnecessary.(37) under the hindu marriage act, the remedy of restitution is capable of grave abuse. in english law, non-compliance with a decree for restitution has ..... passage was quoted .with approval in mrs. sushila mahendra nanavati v. mahendra manilafl nanavati a.i.r.1960 bom 117, which ruled that in matrimonial proceedings there can be no 'judgment 'by default or admission. it is thus well-settled that in matrimonial proceedings analogies drawn from ordinary actions do not prevail. that land of approach was specifically disapproved in smt. .....

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Dec 22 1994 (HC)

Athiappa Gounder and anr. Vs. A. Mohan and 3 ors.

Court : Chennai

Reported in : II(1995)DMC340

..... the family properties as provided under section 16(3) of the hindu marriage act. section 16 of the hindu marriage act reads as under:'16. legitimacy of children of void and voidable marriages.--(1) notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before ..... is true that the plaintiff's mother the 3rd defendant was married to the 1st defendant about 25 years prior to the suit. but, the said marriage was dissolved in o.p. no. 47 of 1960 on the file of the subordinate judge, salem. the plaintiff is the only son of the 1st defendant. the panchayat regarding c.c. no. 34 of ..... case is, that the 1st defendant had married one valliammal, mother of defendants 4 and 5, even during the subsistence of his marriage with the plaintiff's mother. the plaintiff's mother had instituted c.c. no. 34 of 1960 on the file of the addl. first class magistrate no. 2, salem, under section 494 of the indian penal code for begami ..... . in the said proceedings, the 1st defendant denied having married valliammal. the above allegation has been made in paragraph 2 of the notice ex .....

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Dec 22 1994 (HC)

Athiappa Gounder and anr. Vs. A. Mohan and ors.

Court : Chennai

Reported in : (1995)1MLJ357

..... section 16(3) of the hindu marriage act. section 16 of the hindu marriage act reads as under:16. legitimacy of children of void and voidable marriages: (1) notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such ..... the plaintiffs mother the 3rd defendant was married to the 1st defendant about 25 years prior to the suit. but, the said marriage was dissolved in o.p. no. 47 of 1960 on the file of the subordinate. judge, salem. the plaintiff is the only son of the 1st defendant. the panchayat regarding ..... 2, salem, is true. the execution of the release deed on 31.7.1960 for rs. 2,500 is true. the release deed is valid and binding on the plaintiff and the plaintiff cannot now attack the validity of the same after his completing the 25th year. it is only the plaintiff' ..... plaintiff's mother 3rd defendant preferred a complaint against the 1st defendant under section 494 of the indian penal code in c.c. no. 34 of 1960 on the file of the additional first class magistrate no. 2, salem, and at the intervention of some mediators, the parties compounded the offence. ..... during the subsistence of his marriage with the plaintiff's mother. the plaintiff's mother had instituted cc. no. 34 of 1960 on the file of the additional first class magistrate no. 2, salem, under section 494 of the indian penal code for bigamy. in the said proceedings, the 1st defendant denied having .....

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Feb 18 1966 (HC)

Vasantha Krishnaswami Vs. M.S. Krishnaswami

Court : Chennai

Reported in : AIR1967Mad241; 1967CriLJ899

..... court within the local limits of whose jurisdiction it was committed.for dealing with civil petitions claiming relief's under the hindu marriage act, section 19 of the act gives a wider jurisdiction by conferring it on the court in which the place of marriage is situated, as well as the court having jurisdiction over the place where the husband and the wife resided, or ..... place outside the madras city at avalur in north arcot district, section 17 of the hindu marriage act, 1955, declares that any marriage between two hindus solemnised after the act would be void if on the date of such marriage either party had a husband or a wife living and the provisions of ss. 494 and 495, i.p.c. shall apply. it is clear therefore ..... order(1) vasanatha krishnaswami has filed a compliant of bigamy against her husband, krishnaswami, under section 494, i.p.c. the compliant alleged that she was married validly under the hindu law sometimes in 1960. thereafter her husband married a girl called virija, on 11th november 1964 at avalur in north arcot district. the compliant was filed in the court of the fourth presidency ..... avalur where it was performed under the hindu rites. at that state a petition was filed by the husband, the accused, stating that the compliant should have been instituted in the court having jurisdiction over avalur, and not in the city of madras, and therefore the presidency magistrate has no jurisdiction to proceed with the case. s. 177 of the criminal procedure code was .....

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Aug 07 1969 (HC)

Commissioner of Income-tax Vs. Estate of Late C. Raju Chettiar

Court : Chennai

Reported in : [1970]76ITR211(Mad)

..... . this is clear from section 7a which has been inserted by the state legislature into the hindu marriage act, 1955. sub-section (4) of this section makes it further clear that any child of the parties to the marriage validated as aforesaid shall be deemed to be their legitimate child. it follows, therefore, that the tribunal's view is in ..... status of an unmarried individual. the tribunal did not accept that view and proceeded on the basis of factum valet and other grounds. during the pendency of this reference, luckily for the assessee, madras act no. 21 of 1967 has been enacted. the effect of this act is to validate with retrospective effect a union only by tying of thali without any other ceremony ..... under section 66(1) of the income-tax act, 1922. the question is:'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee was entitled to be assessed in the status of a hindu undivided family for the assessment years 1959-60 and 1960-61 ?'2. the assessee had been assessed ..... in the status of an individual up to the assessment year 1937-38. it the next year, for the first time, it was made in the status of a hindu undivided family and he continued to be .....

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Nov 17 1962 (HC)

Raghuvir Kumar and anr. Vs. Shanmughavadivu and ors.

Court : Chennai

Reported in : AIR1971Mad330; (1962)2MLJ193

..... long cohabitation and repute. of course, if there is statute such as the madras bigamy prevention act, 1949 or the hindu marriage act. 1955, a second marriage cannot be presumed from long cohabitation and repute, as such a marriage cannot be recognised in law. in our opinion the mere fact that there was an earlier ..... is no piece of evidence that the second plaintiff was ever referred to by any one as a concubine of palaniswamy until his death i 1960 but, on the other hand, there is considerable evidence, both oral and documentary, showing that she was treated and recognised as a members ..... and the first plaintiff as the son of palaniswamy. the letters are spread over from 1948 upto 1958 practically till the death of palaniswmy in 1960. relying on these letters and the evidence of p.ws. 3, 4 and 6 the learned counsel for the appellants (plaintiffs) urges before ..... underwent treatment in the bharathi nursing home and erskine hospital, madurai and as his condition was hopeless, he was taken to palani on 5-1-1960 where he expired on the same day. the second plaintiff is the daughter of karunaiammal belonging to chetty community. she was living with her ..... lordship proceeded:) according to the plaintiffs in these documents palaniswami has admitted and acknowledged the second plaintiff as his wife and the first plaintiff as his son, and that this constitutes a conclusive piece of evidence to prove that there was a valid marriage between palaniswami and the second plaintiff.17. the learned .....

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Nov 14 1969 (HC)

Raghuvir Kumar (Minor) by Next Friend and Mother Smt. D.P. Kamala Kuma ...

Court : Chennai

Reported in : (1970)2MLJ193

..... and repute. of course, if there is a statute such as the madras bigamy prevention act, 1949 or the hindu marriages act, 1955, a second marriage cannot be presumed from long cohabitation and repute, as such a marriage cannot be recognised in law. in our opinion the mere fact that there was an earlier ..... is no piece of evidence that the second plaintiff was ever referred to by any one as a concubine of palaniswamy until his death in 1960 but, on the other hand, there is considerable evidence, both oral and documentary, showing that she was treated and recognised as a member ..... and the first plaintiff as the son of palaniswamy. the letters are spread over from 1948 upto 1958 practically till the death of palaniswamy in 1960. relying on these letters and the evidence of p.ws. 3, 4 and 6, the learned counsel for the appellants (plaintiffs) urges before ..... treatment in the bharathi nursing home and erskine hospital, madurai, and as his condition was hopeless, he was taken to palani on 5th january, 1960, where he expired on the same day. the second plaintiff is the daughter of one damodara iyengar through his wife karunaiammal belonging to chetty community ..... proceedings.7. as regards the special custom prevalent in a particular locality pleaded by the defendants 1 to 4 that in the community of nadars, namely that one cannot marry a second wife during the life-time of the first wife, the trial court held that defendants 1 to 4 have not established the alleged custom.8. as regards the validity .....

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