Court : Supreme Court of India
Reported in : 3SCR41
..... 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 ..... things, were made, given, issued, taken or done are hereby declared to have been validly made, given, issued, taken or done, as the case may be, except to the extent to which the said orders, decisions, directions, notifications, proceedings, acts or things are repugnant to the provisions of this act." (1)  s.c.r. 779. it was held by this court that this was ..... any judgment, decree or order of any court to the contrary. on april 12, 1967 parliament passed an act (act 13 of 1967) styled the land acquisition (amendment and short title validation) act, 1967. section 2 of this act purported to amend s. 5-a of the principal act to allow the making of more than one report in respect of land which had been notified under s ..... which received the assent of the president on 9th october, 1954. this act incorporated the main provisions of the earlier act and purported to validate action taken under the earlier act. the appellant then filed a writ petition alleging that to the extent to which the act purported to validate acts done under the earlier act of 1949 it was ultra vires. it was further urged that the .....Tag this Judgment!
Court : Orissa
Reported in : AIR1977Ori1; 42(1976)CLT1097
..... , so as to give full 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 the ground that section 3 thereof was not made ..... respect of different parcels of land covered by the same notification under sub-section (1) of section 4 of the principal act; (b) any acquisition in pursuance of any notification published under sub-section (1) of section 4 of the principal act before the commencement of the land acquisition (amendment and validation) ordinance 1967 may be, made after such commencement and no such acquisition and no action taken or .....Tag this Judgment!
Court : Karnataka
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... civil judge, senior division, in a proceedings under sections 9, 10, 11, 12 and 13 of the hindu marriage act, 1955, lies to the high court or the district court.4. to decide the said question, a brief reference to the relevant provision of law is necessary.4.1 section 19 of hindu marriage act ('hm act', for short), requires every petition under the act to be presented to the district ..... to specify a civil court by issue of a notification as having jurisdiction in respect of matters dealt with in the hm act. therefore, obviously the court of a civil judge does not become a 'district court'. to that extent, with due deference to the judges who decided parashuram rao anantha rao pise's case we feel that parashuram rao anantha rao ..... , under order 43, rule 1(a) of the code of civil procedure. the appellant contends that having regard to the decision of the division bench of this court in mallappa v. mallava, air 1960 mys. 292 (db), and section 19 of the civil courts act, an appeal against the order of the civil judge (senior division), passed under the hindu marriage act, 1955 would lie to ..... act fall under this category.)(b) those where there is a statutory requirement to specify a pecuniary value, even where the relief is not capable of pecuniary valuation, so as to determine the court fee payable and/or to determine the jurisdiction of the court which can deal with the matter. (a suit for a bare injunction not involving question of title .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1961HP7
..... rs. 10,000/- 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 ..... 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 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 ..... .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 ..... the exercise of its original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force.'it will have been noticed that while a provision has been made in the aforesaid section .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1960Cal577
..... could not have jurisdiction in respect of the proceedings under the hindu marriage act before 1955.48. consequently there is no question of ouster of the jurisdiction of the superior court by the hindu marriage act.49. the definition of district court as given in section 3 of the act could have been bodily incorporated in section 19 of the act though it would have been cumbersome. if that ..... civil nature, not exceeding rupees ten thousand, in value.3. the city civil court shall have jurisdictionand the high court shall not have jurisdiction totry any proceeding under:(i) the guardians and wards act, 1890 and(ii) part x of the indian succession act, 1925,in respect of succession certificates.4. the city civil court shall not have jurisdiction to try suits and ..... has already incurred considerable costs, but it is of great importance to the petitioner that the court having jurisdiction gives her the reliefs sought for.52. in these circumstances, i direct that the petition be returned for presentation to the city civil court and that the city civil court in levyingany court fees payable by the petitioner shall givecredit for ..... to have pathological examination first and thereafter, if necessary, he would consult dr. souren ghose, f. r. c. s., specialist in venereal diseases.15. on the evidence before me i hold that the respondent promode kumar roy was impotent and incapable of consummating the marriage.16. this finding in favour of the petitioner,however, does not conclude the matter for .....Tag this Judgment!
Court : Kolkata
Reported in : 1973CriLJ790
..... the said application holding, inter alia, that the application for contempt was not maintainable in view of the provisions of section 28 of the hindu marriage act, 1955 laying down that decrees and orders made by the court in any, proceeding under the act shall be enforced in like manner as the decrees and orders of the court made in the exercise of its original ..... . judge, 3rd bench. city civil court, calcutta, in matrimonial suit no. 66 of 1969.2. the facts leading on to the rule are chequered but can be put in a short compass. the applicant mira bose was married to the respondent on the 7th july, 1965 and two sons, viz., tamal and prasanta. were born out of the wedlock on the ..... judge, 3rd bench, city civil court, calcutta two days before the same. the learned judge, however, by his order dated 22.1.71 ultimately rejected the application for contempt on the ground that it is not maintainable in view of the provisions of section 28 of the hindu marriage act. 1955, providing for the procedure as to how decrees and orders passed under the ..... said order was however stayed to enable the respondent to prefer an appeal against the aforesaid order and the same being f.m.a. 3505 of 1969 was dismissed on 1.12.69 by santosh kumar chakrabarty and s.k. dutta. jj. the application for leave to appeal there from to the supreme court, being application no. 9 of 1970 (s .....Tag this Judgment!
Court : Kerala
..... as mangalam v. velayudhan asari (1992 (2) klt 553), is concerned, the learned single judge was dealing with a case where the respondents in a proceeding under section 24 of the hindu marriage act had been directed to pay maintenance and litigation expenses. the respondent husband was bound to pay rs. 200/- per month towards maintenance and rs. 500/- ..... 16 . it is on the said lines a learned single judge of this court (varghese kalliath, j.) has in parukutty amma v. thankamma amma (1988 (1) klt 883) proceeded to hold as follows: "5. the next question is, should such a power with the court include a power to strike off the defence in deserving cases ..... a condition precedent of adjournment granted to the defendants it is open to the court to strike off the defence and proceed ex parte, when the costs are not paid as directed." 6. i have no doubt that in cases where a party who deliberately disobeys the orders of the court has to incur the ..... the child on the basis of money given by the respondent/father. it is further noted that the attitude of the appellant in showing reluctance in giving short term custody cannot be tolerated. it is stated that the court notes the grievance of the respondent that the appellant is trying to take the child along ..... the case was taken for orders to 13.5.2011 and on 13.5.2011 there was an order to give short term custody for one week and it was on 18.5.2011 i.a.1298/2011 was filed to strike off the defence. the order was passed on 8.6.2011 as already noted .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1995Bom246; 1995(1)BomCR47; (1994)96BOMLR592; I(1995)DMC532
..... of section 13(1)(ia) of the hindu marriage act. 48. shri gupte has also invited our attention to the provisions of section 14 and section 20 of the family courts act, 1984, apart from the decisions referred to earlier above, on the point that subsequent events can be taken into account in such matrimonial proceedings. the ..... etc. as her streedhan property may not strictly fall under section 27 of the hindu marriage act, 1955, it is possible for the wife to contend that the ..... instrument having effect by virtue of any law other than this act. reading section 7(1) explanation (c), together with section 20 of the family courts act, shri gupte fairly stated that though the order granting counter-claim of the wife to the extent of rs. 1,15,415/- being the cost of the ornaments, articles ..... of the husband) was a second-hand wife. she has called prakash raikar a 'bastard' and an impotent person. the wife has gone to the extent of attributing an affair between the mother of the husband --mangala -- and her former brother-in-law viz. vasantrao. incidentally, it may be mentioned that ..... the mother of the husband and his two married sisters. the wife has indulged in making wild and baseless allegations. she has gone to the extent of attributing some dirty relations between the husband's mother and her son-in-law prakash raikar. she has alleged that prakash raikar's wife .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1964AP308
..... deliberately employed by the legislature with the object of distinguishing these proceedings (under the hindu marriage act) from ordinary suits.'22. in varalakshmi v. veerareddi, 1960-1 andh wr 270: (air 1061 andh pra 359) the question arose as to whether appeals from decrees passed under sections 9, 10, 11 and 13 of the hindu marriage act should be registered as c. m. as. or as first appeals ..... reliefs to be combined together as prayers in one plaint or petition.26. section 21 of the hindu marriage act specifically provides that proceedings under section 13, as well as other proceedings under the act, shall be regulated by the code of civil procedure, subject to not only the provisions contained in the act but also subject to such rules as the high court may make in that ..... home. the petitioner was also defamed in society. therefore, he was entitled to damages to an extent of rs. 500/-.5. r-1 filed a counter contending as follows: the alleged recovery of photos from the possession of r-1 and demanding of explanation and r-1's leading unchaste life are all false. on the evil advice of the petitioner's brother, rangayya ..... rates specified in article 1 of schedule i shall be charged on the amount of damages claimed.'this provision is consistent with rule 9 and other rules framed by the andhra pradesh high court.30. in the result, we find that the contention of shri m. venkata suhba kao is not tenable. we hold that rule 9 is valid and that the award .....Tag this Judgment!
Court : Chennai
..... could be preferred against the consent decree, but if any party was aggrieved that fraud has been committed in a proceedings under section 13(b) of hindu marriage act, a review could be possible. he would therefore request the court to dismiss the revision petition as not maintainable in law.8 ..... and that they have not been able to live together and have mutually agreed that the marriage should be dissolved. the said ingredients of sub-section(1) would go to show that after solemnisation of the marriage there should be a separate living and the separation should be either for one year ..... by mutual consent was conceded. against the said order, the second petitioner before the lower court namely, the wife had filed this revision questioning the validity of the said order.5. heard mr.c.b.muralidharan, learned counsel for the revision petitioner/wife and mr.g.maheshkumar, learned counsel for the ..... on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being ..... ) of s.13-b of the hindu marriage act as the said period is merely meant to give time to the parties for rethinking."...............16. .................the fact of fruitful years in human life being short and the possibility of the litigating parties rearranging their lives after the divorce by mutual consent, also .....Tag this Judgment!