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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 section 1 short title and extent Court: chhattisgarh Page 1 of about 2 results (0.039 seconds)

Feb 28 2009 (HC)

Megh Prasad Vs. BhagwantIn Bai

Court : Chhattisgarh

Reported in : 2009(2)MPHT91(CG)

..... appellant and the respondent, they again solemnized marriage. both the parties are governed by hindu law, as such the hindu marriage act, 1955 (for short 'the act, 1955'). second marriage during the subsistence of first marriage is bar under section 5(i) of the act, 1955. the words 'hindu wife' used in section 18 of the act, 1956 include only lawful wife and any woman who married with another person during ..... affect any right recognized by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnized before or after the commencement of this act.(3) nothing contained in this act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling ..... in clauses (i), (iv) and (v) of section 5.8. any hindu marriage may dissolve by a decree of divorce in accordance with section 13 of the act, 1955 and there is no other form of divorce in the act, 1955. section 29 of the act, 1955 reads as follows:29. savings.- (1) a marriage solemnized between hindus before the commencement of this act, which is otherwise valid, shall not ..... be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.(2) nothing contained in this act shall be deemed to .....

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Feb 22 2006 (HC)

Bansal Academy Etc. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh85

..... state of chhattisgarh in view of the judgment of supreme court in pro. yashpal and anr. v. state of chhattisgarh or having regard to the provisions of section 7 of the act in the present proceedings for more than one reason. the court is well advised not to under-take resolution of hypothetical issue that does not arise for decision in this case ..... . the petitioner has not challenged the action of the university scrapping the distance education programme outside the state of chhattisgarh. i leave that issue open to be decided in an appropriate legal proceeding.8. the impugned actions, that is to say, the direction issued by the director of institute of distance education on 20-9-2005 and ..... is vitiated not only on account of violation of principles of natural justice but also on account of violation of the mandates of article 14, i.e. fairness, reasonableness and non-arbitrariness. on that short ground, i allow these writ petitions and quash the impugned notification dated 24-9-2005 issued by the registrar of university as well as the impugned direction ..... outside the state of chhattisgarh. in terms of memorandum of under-standing entered into between the petitioners and pt. ravi shankar shukla university (for short 'the university'), the petitionerr institutions have been recognized and authorized to act as institutions of information and guidance centres/study centres of institute of distance education of the university. in pursuance of the above memorandum of .....

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Sep 01 2011 (HC)

V. Raghuwaiya and Another Vs. Union of India and Others

Court : Chhattisgarh

..... the supreme court in case of vinod kumar v. union of india and the same was restored by the parliament in its constitution (eighty-second amendment) act, 2000, thus, the instructions contained in memo dated 03.10.2000 (annexure p/6) of the department of personnel and training, whereby it was observed ..... at serial no. 314. according to the petitioner, the criteria for promotion to the post of superintendent, central excise, (for short `sce') was seniority-cum-fitness. a departmental promotion committee (for short `the dpc') meeting was held in the year 2002 and thereafter, a review dpc meeting was held on 10.04.2003,wherein ..... 17 vacant posts reserved for sc candidates and 12 vacant posts reserved for st candidates. the dpc gave its own grading to the candidates. it graded applicants 1 and 2 as "unfit" and the respondent no. 3 as "good". we have noted that all the 34 officers so considered belonged to sc/st ..... /st category candidates, the dpc followed the relaxed selection criteria for the benchmark "good" as at least 3 acrs out of acrs of preceding 5 years i.e. 1997-98 to 2001-2002 should be `good' and there should not be any adverse report."8. thus, contention of the petitioners that lower ..... petitioners for grant of seniority with effect from the back date i.e. on the respondent no. 3 was promoted, was rejected by the central administrative tribunal, (for short `the cat') jabalpur bench, jabalpur.2. the facts, in brief, are that petitioner no. 1 and 2 were appointed on 21.12.1988 and 22. .....

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Mar 10 2011 (HC)

Rakesh Gautam and Others Vs. State of Chhattisgarh

Court : Chhattisgarh

..... time of marriage, age of the deceased was below 16 years; the bride (deceased) was even not competent to give consent or valid marriage was not possible in terms of section 5 of the hindu marriage act, 1955; only after gouna ceremony i.e. after two years of the alleged marriage, she went to the house of her husband for discharging her marital obligations; gouna ..... ;(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this act within one year of such commencement and in the case ..... the high court of madhya pradesh has held that in case of death of wife after more than seven years of her marriage, no presumption under section 113a of the indian evidence act, 1872 (for short `the act') would be available. learned counsel relied upon the matter of satyabhan patel v. state of m.p. in which the high court of madhya pradesh has ..... , namely:-(i) neither party has a spouse living at the time of the marriage;(ii) at the time of the marriage, neither party-(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as .....

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Feb 03 2004 (HC)

indulal Nishad Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2004Chh33; 2004(3)MPHT1(CG)

..... fish federation came into existence on 30th october 2000 and the commissioner, co-operative and registrar, co- operative (madhya pradesh) issued registration certificate under the provisions of section 9(1) of the act. 1960, as per annexure p-1.3. the fish federation was constituted with an object of pisces culture, fish rearing, marketing of fish and overall development of fisheries. as per the clause ..... petition because the order passed by the registrar is without jurisdiction.16. as has been discussed above that once the power exercised by the registrar under sub-section (13) of the section 53 of the act, 1960 under those provisions the registrar had no jurisdiction to supersede that order or remove the full board, as has been held in the earlier part of this ..... as officer-in-charge of the fish federation by removing, the board of directors. the petitioner's petition is that once the registrar exercised the power under sub-section (13) of section 53 of the act 1960, he was not empowered to supersede that order tilt one year or the elections of the board of directors are conducted, therefore, the petitioner has prayed for ..... the enforcement of any of the fundamental rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged.' as has been held above, in this matter while removing duly constituted board of directors of the fish federation by the impugned order .....

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Apr 04 2011 (HC)

Moturam and Others Vs. State of Madhya Pradesh and Others

Court : Chhattisgarh

..... petitions were directed to be heard again on the question as to whether non-appointment of presenting officer would vitiate the enquiry proceedings or not and whether the enquiry officer acted as a judge as well as prosecutor. under provisions of rule 14(5)(c) of the madhya pradesh/chhattisgarh civil services ..... to appoint a presenting officer. in workmen of buckingham and carnatic mills v. buckingham and carnatic mills, madras (1970-i-llj-26), the supreme court had occasion to consider the validity of a domestic enquiry where no separate presenting officer was appointed. in that case, the supreme court found that in ..... the employer to compulsorily seek a review or a reference. the learned attorney general, fairly submitted that the work "may", in sub-section (5) of the amended section 25-o should be read as "shall". he further submitted that the "review" would necessitate the making of an enquiry into all ..... appointed by the disciplinary authority is a legal practitioner. under sub-rule (14) of rule 14, the word shall' is used to the extent that "the presenting officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined but not on any ..... (classification control and appeal) rules, 1966 (for short the rules, 1966'), it is not mandatory to appoint a "presenting officer" as rule .....

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Mar 25 2004 (HC)

Chandrawanshi K.P. and 9 ors. Vs. National thermal Power Corporation L ...

Court : Chhattisgarh

Reported in : (2005)ILLJ779CG

..... the reason, that the petitioners have alternative efficacious remedy available to redress their grievance. their case is covered under the madhya pradesh industrial relations act, 1960. as per the provisions of section 51 of the said act, they ought to have approached the labour court instead of approaching this court by invoking the extraordinary jurisdiction under article 226 of the constitution ..... of the arguments. to confine a party to his pleadings, particularly to his allegations as regards facts is dictated not merely by the: need for orderliness in these proceedings but for avoiding surprise to the other party and consequent injustice resulting therefrom.'further, in the matter of bhikaji narain dhakras v. state of madhya pradesh, reported in ..... other available remedies unless such action of the state or its instrumentality is arbitrary and unreasonable so as to violate the constitutional mandate of article 14 or for other valid and legitimate reasons, for which the court thinks it necessary to exercise the said jurisdiction.in para 27 of the above judgment, the court has held that ..... non-executive officials working at balco captive power plant.3. by these writ petitions the petitioners have raised grievance against the action of respondent no. 1 i. e. national thermal power corporation limited (for short 'ntpc'), whereby the services of non-executive officials numbering in round about 236, is being permanently placed at the disposal of bharat aluminium company limited .....

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Dec 19 2006 (HC)

Mohd. Akbar Etc. Etc. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : AIR2007Chh39; 2007(2)MPHT1

..... republic of india as follows :-1 short title and commencement.- (1) this act may be called the co-operative societies (amendment) act, 2004.(2) it shall come into force from the date of its publication in the official gazette.2. amendment of section 49.-- in section 49 of the chhattisgarh co-operative societies act, 1960 (no. 17 of 1961) (hereinafter referred to as the principal act):(1) sub-sections (7aa) and (7aaa) shall ..... ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactment is a well-known pattern of all validating acts. such validating legislation which removes the causes for ineffectiveness or invalidity of actions or proceedings is not an encroachment on judicial power.16. hon'ble the apex court in the matter of ujagar prints air 1989 sc 516 ..... ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactments is a well-known pattern of all validating acts. such validating legislation which removes the causes for ineffectiveness or invalidity of actions or proceedings is not an encroach ment on judicial power.62. in indian aluminium co. and ors. v. state of kerala and ors. : [1996]2scr23 .....

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Sep 06 2005 (HC)

Ambika Prasad Rajwade and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh107

..... section (1) as apex society central society or primary society. section 31 of the said act also provides that the registration of the co-operative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings ..... (supra):whatever article of the constitution it is that we seek to interpret, whatever statute it is whose constitutional validity is sought to be questioned, we must strive to give such an interpretation as will promote the march and ..... the order 2004 provides that other consumer co-operative societies shall be registered under chhattisgarh co-operative societies act, 1960 and sub-clause (5) of clause 9 of the order 2004 further provides that fair price shops ..... are not authorized as per the provisions of the said act to carry on the activity of distributing or selling essential commodities to ration cardholders and to that extent are illegal.26. mr. kanak tiwari, learned counsel ..... clause 11 of the order 2004 is titled 'responsibilities of fair price shopkeeper' and sub-clause (5) of clause 11 provides as follows:11. responsibilities of fair price shop-keeper:(1) to (4) xxx xxx xxx(5) ..... made a fresh order under section 3 of the act by a notification dated 23rd of december, 2004 called the chhattisgarh public distribution system (control) order, 2004 (for short the order 2004). clause 9(1) of the order 2004 .....

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