Court : Mumbai
..... the cause of the derelicts. [emphasis supplied] 13. in dwarika prasad (supra), the supreme court has held that the validity of the marriage for purposes of summary proceeding under section 125, cr.p.c. is to be determined on the basis of the evidence brought on record by the parties ..... the marriage procedure was followed then it is not necessary to further probe into whether the said procedure was complete as per the hindu rites in the proceedings under section 125 of cr.p.c. from the evidence which is led if the magistrate is prima facie satisfied with regard ..... and since, anusayabai expired only in the year 1987, the marriage between the petitioner and the respondent was in violation of section 5(1)(i) of the hindu marriage act, 1955 and consequently void. in doing so, the learned asj has relied upon the decision of the supreme court in case of yamunabai ..... of equality jurisprudence as evolved by parliament and the supreme court in myriad situations presented before courts where unequal parties are pitted in adversarial proceedings and where courts are called upon to dispense equal justice. apart from the social- economic inequalities accentuating the disabilities of the poor in an ..... often for the purposes of survival. the purpose is to achieve social justice which is the constitutional vision, enshrined in the preamble of the constitution of india. the preamble to the constitution of india clearly signals that we have chosen the democratic path under rule of law to achieve the goal .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1993AP229; 1993(1)ALT458
..... unknown to hindus. one of the essentialities for valid performance of hindu marriage was kanya dana, i.e., gifting the bride to the bride-groom, apart from saptapadhi. the codified law, viz. hindu marriage act, 1955 through section 7 postulates performance of solemnisation of hindu marriage in accordance with the customary rights and ceremonies ..... reason of marriage or adoption.15. . the above rival contentions of the learned counsel give rise to the following questions for decision in these proceedings :1) whether a girl on marriage becomes a member of her husband's family snapping all her patental ties ? 2) whether a girl on ..... of citizens or for the scheduled castes and the scheduled tribes.'this article 15(4) is in consonance with the object envisaged by the preamble, viz., securing to all the citizens equality of status and of opportunity, in providing reservations for the advancement of backward classes of citizens, ..... admission into post graduate medical course (d.c.h.) under the quota reserved for backward class on the ground that by virtue of the marrige she is entitled to the reservation meant for backward class people. this admission was complained of by the 3rd respondent (writ appellant) belonging to ..... privilege of upanayana, while the last excluded from such privilege.26. in v.v. giri v. d.s.dora, : 1scr426 , the question was whether the 1 st respondent therein was a member of scheduled tribe at the material time to render the declaration made therefor to be true and .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1961HP7
..... be stated as a general proposition that, unless there is any special provision to the contrary, a proceeding that does not commence with a plaint cannot be held to be a suit'.7. in the hindu marriage act of 1955, except for the fact that certain decisions made thereunder were to have the effect of decrees ..... ,000/- in valuation were appealable to the district judge the decrees or orders passed by a subordinate judge notified under section 3 (b) of the hindu marriage act would also lie to the district judge.this is one way of looking at the question. the other way of looking at it is that a ..... appealed against were passed by the senior subordinate judge.3. the relevant portion of section 28 of the aforesaid act runs as below :'all decrees and orders made by the court in lany proceeding under this act shall be enforced in like manner as the decrees and orders of the courts made in the exercise of ..... a petition is not required by law to be mentioned in the petition and it is extremely doubtful if in view of the preamble and of the provisions of the suits valuation act, rules can be framed fixing the valuation of the subject matter of such a petition. on behalf of the respondents, it was ..... c.b. capoor, j.c.1. miscellaneous first appeal no. 83 of 1960 arises out of a petition filed by the appellant under sections 10 and 12 and miscellaneous first appeal no. 128 of 1959 arises out of a petition filed by the appellant under section 9 of the hindu marriage act, 1955.2. a common preliminary .....Tag this Judgment!
Court : Orissa
Reported in : AIR1977Ori1; 42(1976)CLT1097
..... 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 observed ..... :--'in our opinion the contentions raised about the invalidity of the amending act on ..... acquisition without fresh notifications under section 4 thereby allowing compensation to be 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 ..... by the high court and if the governor thought that in the public interest having regard to the factors enumerated in the preamble to the ordinance it was necessary to validate the said elections, it would not necessarily follow that the ordinance suffers from the vice of contravening article 14.........'challenge had .....Tag this Judgment!
Court : Chennai
Reported in : (2005)1MLJ214
..... learned senior counsel mr. k. chandru relies on the prohibition clause enshrined in section 22 of the hindu marriage act, 1955. section 22 of the said act; reads as follows :'22. proceedings to be in camera and may not be printed or published.-(1) every proceedings under this act, shall be conducted in camera and it shall not be lawful for any person to print or publish ..... other than those specified in (b) above;(d) exclusively provide within the jurisdiction of the family courts the matters relating to :(i) matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights or declaration as to the validity of marriage or as to the matrimonial status of any person;(ii) the property of the spouses or of either of ..... a later act, whereas the hindu marriage act, is of the year 1955. a careful reading of the family courts act. 1984 would reveal that the act is intended for the establishment of special courts called 'family courts' in every city or town with a population exceeding one million. the purpose of establishing such family courts was for speedy settlement of family disputes. the preamble portion .....Tag this Judgment!
Court : Karnataka
..... use of the word "every" before the word "endeavour" in this section assumes great importance in respect of the duty cast on the court dealing with a proceeding under the hindu marriage act to bring about reconciliation. 9. in this case we are entirely in agreement with the contention advanced on behalf of the wife that the impugned order is liable to ..... the functions imposed by rule 3 or this order. (iv) s.23 of the hindu marriage act, 1955 which reads thus: "s.23. decree in proceedings.- (1) in any proceeding under this act, whether defended or not, if the court is satisfied that - ***** (2) before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every ..... the state governments were expected to set up the courts and family disputes were to be dealt with by the specially constituted courts. 7. the most important feature, the preamble of 4the act' is, "establishment of family courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected ..... therewith". the preamble sufficiently indicates the jurisdiction that is vested in the family court,- under the provisions of the act, which was enacted for adopting a human approach to the settlement of family disputes and achieving socially desirable results. the primary .....Tag this Judgment!
Court : Kolkata
Reported in : 2005CriLJ3834,I(2006)DMC793
..... )(b) of the hindu marriage act. the present proceeding arises out of an application under section 125 of the code. the object and purpose of hindu marriage act and section 125 of the code should be considered in this background. a suit for divorce under sections 13(1)(iii), 12(1)(b) and 5(ii)(b) of the hindu marriage act is completely different from the preamble and purpose of ..... laid down in section 112 is quite effective and applicable in the instant case as the section lays down that if a person was born during the continuance of a valid marriage between his mother and any man and within 280 days after its dissolution the mother remains unmarried it shall be taken as conclusive proof that he is the legitimate ..... at the working place of husband. the calculation of above dates starting from solemnisation of marriage and birth of the child make it clear that the child was born during valid wedlock period of the parties during which only the husband petitioner had access to his wife for sexual intercourse or cohabitation and no third party had access to wife for ..... for such declaration. she contended that dna test is not conclusive proof and it cannot rebut the presumption regarding paternity of the child born during subsistence of valid marriage under section 112 of the evidence act. in support of her contention he cited the decisions reported in air 2002 karnataka 50 (smt. ningamma v. chikkaiah), : 3scr729 (smt. kamti devi v. poshi .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1991SC284; 1991LabIC216; 1990(2)SCALE951; 1992Supp(1)SCC272; Supp2SCR573; 1991(2)SLJ42(SC)
..... appointment should be treated as fortuitous. the delay to make direct recruitment had been occasioned only on account of the pendency of the proceedings right from kraipak's case in allahabad high court till the present group of writ petitions. since promotees were appointed in excess of ..... and appointment to the substantive post. therefore , the membership to the service must be preceded by an order of appointment to the post validly made by the governor. then only he/they become member/members of the service. any other construction would be violation of the rules.17 ..... administration in the light of the directive principles. the executive should implement them to establish the contemplated egalitarian social order envisaged in the preamble of the constitution.20. it is seen that the appointments of the promotees were made in batches year-wise. the rule postulates that ..... prescribed under rule 6. the rules provide the power to appoint forest rangers from subordinate service, due to administrative exigencies to officiate or to act temporarily as asstt. conservators of forest. the rule itself, thus, recognises the distinction between substantive appointment and temporary/officiating appointment. the procedure ..... appointed as assistant conservator of forest. appendix 'b' prescribes the procedure 'for recruitment by promotion in terms of rule 5(b)'. paragraph 1 says thus:for the purpose of recruitment under clause (b) of rule 5, a selection strictly on merit shall be made from amongst forest .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1989AP96
..... rendering ineffective of judgments or orders of competent courts by changing their basis by legislative enactment is a well-known pattern of all validating acts. such validating legislation which removes the causes of ineffectiveness or invalidity of action or proceedings cannot be considered as encroachment on judicial power. but the legislature cannot by a bare declaration, without more, directly overrule, reverse ..... v. azizunnissa begum, : air1970mad14 , when a conditional order of stay of execution was made on committing default in payment thereof, proceedings were laid under section 1 of the contempt of courts act 1952. therein it was held that proceedings by way of contempt of courts should not be used as a 'legal thumbscrew' by a party against hisopponent for enforcement of ..... questions of far-reaching consequences entwined with contempt for disobedience to writs of mandamus issued by this court.2. the indisputable facts are: that preceding the andhra pradesh education act (act 1 of 1982), the grant-in-aid code (executive instructions) was in vogue; the government prescribed the procedure to establish private educational institutions; conditions for recognition and of the ..... 'to regulate the payment of grant-in-aid to private educational institutions in the state of andhra pradesh'. it contains an unsual lengthy preamble running into five paragraphs to explain the intention to make the act. paras. 1, 2 and 3 relate to the orders in g.o.ms. no. 424, g.o.ms. no. 438 and g.o.ms. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC1534; 2SCR1; 12STC429(SC)
..... its present settling that is the meaning of the section, and the impugned notification must be held to be within the saving of the validation act. 15. we now proceed to examine the second contention of the petitioner that the validation act is itself invalid as being ultra vires the powers of the state legislature under the constitution. the argument of the learned attorney-general ..... been held that sales tax is a tax on the occasion of sale. in the present case, the sales sought to be taxed took place between april 1, 1956 and july 31, 1956, whereas the validation act, by force of which the tax becomes payable, came into force in 1958. it is therefore not a tax on the occasion of sale. moreover a ..... . we are wholly unable to appreciate this contention. the object of the legislation as stated in the long title and in the preamble to the act was to validate the impugned notification in relation to the amended section. schedule b to the act expressly mentions that notification. and if we are now to accede to the contention of the petitioner, we must hold that ..... goods, shall in respect of such sales, be taxed at such rate as may be specified not exceeding one anna per rupee if the sale relates to goods specified below :- (i) motor vehicles including motor cars, motor taxi-cabs, motor cycles and cycle combinations, motor scooters, motorettes, motor omni-buses, motor vans and motor lorries. chassis of motor vehicles. articles including .....Tag this Judgment!