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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 section 1 short title and extent Year: 1959 Page 1 of about 11 results (0.244 seconds)

Nov 26 1959 (HC)

Monika Das Gupta Vs. Promode Kumar Roy

Court : Kolkata

Decided on : Nov-26-1959

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 .....

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Mar 31 1959 (HC)

Ambi Pundalik and anr. Vs. Pundalik Shankar

Court : Mumbai

Decided on : Mar-31-1959

Reported in : (1959)61BOMLR1167

..... , an appeal from such a decision would necessarily lie to the high court.(8) the legislature has deliberately provided that the proceedings under the hindu marriag act must be instituted in the district court. of course, under section 3 of the hindu marriage act it is open to the state government to specify any other civil court as a district court. when that is done, different ..... .' mr. khare therefore contended that the valuation of a proceeding for restitution of conjugal rights of a ..... the following classes shall, for the purposes of the court-fees act, 1870, the suits valuatio act, 1887, and the central provinces courts act, 1917, be treated as if the subject matter of such suits were f the value of four hundered rupees: (1) suits for the restitution ofconjugal rights, for declaration of the validity of marriage, or for a divorce; (2) suits for the ..... custody or guardianship of a minor; and (3) suits for a declaration that an adoption is valid or invalid .....

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Mar 03 1959 (HC)

Valliammal Ammal Vs. Periaswami Udayar

Court : Chennai

Decided on : Mar-03-1959

Reported in : AIR1959Mad510

..... gazette as having jurisdiction in respect of masters dealt in this act.'under the authority conferred by this act the state-government has issued g. o. 221, home, dated 29-1-1957, empowering the subordinate judges of the various places to hear proceedings arising under the act within their respective jurisdiction. section 28 of the act deals with the execution of orders passed by the court and ..... by the office for directions as to the maintainability of the above appeals. s. r. no. 37109 is an appeal against an order for judicial separation under s. 10(1) of the hindu marriage act of 1955. the petition for judicial separation was filed by the husband on 10-9-1957 in the sub-court, tanjore. s. r. no. 14179 is an appeal ..... any order passed on the petition by anyone of the aforesaid judges an appeal was declared to lie directly to the high court.3. the hindu marriage act, 1955, act xxv of 1955, was passed to codify the hindu law of marriage. by so doing it has effected important changes in the marriage law. it granted rights of divorce, judicial separation and permanent alimony ..... accordance with it. in prabhakar v. usha prabhakar, : air1953bom189 , a question arose as to the proper forum of an appeal in a case under the bombay hindu divorce act of 1947. originally under section 5 of the act jurisdiction was given only to the district judge. later by an amendment the district courts were enabled to transfer the matrimonial disputes to an assistant or .....

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Mar 24 1959 (HC)

Firm Thakur Das Sunder Das Vs. Sales Tax Officer

Court : Allahabad

Decided on : Mar-24-1959

Reported in : [1959]10STC432(All)

..... impugned before us, was enacted by the u.p. legislature. it is styled as u.p. sales tax (validation) act, 1958, and it came into force on the 6th may, 1958. sub-section (1) of section 3 of this validation act is important and it is as follows:-notwithstanding any judgment, decree or order of any court, the notifications specified in part a, part b and part ..... c of the schedule shall be deemed to have been issued in exercise of the powers conferred respectively by section 3, section 3a and section 4 of the u ..... from 2nd april, 1956, to 22nd may, 1956, but the notification in question was never placed on the assembly table. this information was said to have been gathered from the proceedings of the u. p. legislative assembly.34. the counter-affidavit filed on behalf of the state has been sworn to by shripati sahai, who was posted as superintendent, parliamentary department ..... of demand. the petition has been opposed on behalf of the state and, in order to appreciate the points in dispute between the parties, a short history of the legislation on the point may be given.3. the u.p. legislature passed an act to provide for the levy of tax on the sale of goods called the u.p. sales tax .....

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Mar 20 1959 (HC)

Bhupendra Kumar Bose Vs. State of Orissa and ors.

Court : Orissa

Decided on : Mar-20-1959

Reported in : AIR1960Ori46

..... of the constitution, the governor of orissa is pleased to make and promulgate the following ordinance in the ninth year of the republic of india: short title and extent. 1. (1) this ordinance may lie called the orissa municipal election validation ordinance 1959. (2) it extends to the whole of the state of orissa. definition. 2. in this ordinance, unless there is anything repugnant ..... general. 30. it will be interesting to note that the savings provision in the madhya pradesh act (act i of 1955) has been drafted more carefully and is more restrictive than sub-section (1) of section 5 of the ordinance. that section reads as follows : '(5). validation of acts done :-- no act done by the sabha or a janapada or by any standing committee or by the outgoing councillors ..... (continuance) ordinance 1952 (bihar ordinance no. v of 1952) nullifying the effect of the judgment of the patna high court so far as the validity of that amendment was concerned, but he did not proceed further and enact that the judgment in air 1953 pat 14, shall be deemed to be ineffective as between the parties, thereby permitting eviction of the ..... suitor of the right which he obtained by the judgment of the supreme court. 21. the advocate-general relied very much on the himachal pradesh legislative assembly (constitution and proceedings) validation ordinance 1958 (ordinance no. vii of 1958) which was promulgated by the president in consequence of the decision of their lordships of the supreme court in vinode kumar v. .....

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Mar 10 1959 (HC)

A. Narayana Kamath Vs. State Transport Authority and ors.

Court : Karnataka

Decided on : Mar-10-1959

Reported in : AIR1960Kant33; AIR1960Mys33

..... sent and that if no publication was made in that way, it would amount to a violation of the mandatory provisions of that section, rendering the entire proceedings void even if the applicants had been subsequently notified of the date, time and place of hearing.(31) now, the material portion ..... authority specified, want of sanction prescribed as a condition precedent for a prosecution, in short, defects that strike at the very toot of jurisdiction stand on a separate footing, and the proceedings taken in disregard or disobedience would be illegal. the difficulty arises only when we have to ..... 37) in slaney v. state of madhya pradesh, : 1956crilj291 , while considering the effect of the contravention of the provisions of a statute on the proceedings taken in disregard thereof, chandrasekhara aiyar, j. observed :'of course, lack of competency of jurisdiction, absence of a complaint by the proper person or ..... this authority in appeal before this authority in special subject no. 5 of march 1958 dated 29-5-1958, the question of the validity of the notification was neither raised nor considered and the whole case was remanded for disposal according to law. as this is a question ..... authority granting the permit to the petitioner without conforming to the requirements of section 57(3) of the act, was made without jurisdiction and therefore liable to be quashed.(10) in regard to the first two contentions which i shall first consider, this is what the state transport authority said:'the .....

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Nov 20 1959 (HC)

Ahmedali S/O. Asadali Khan and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Nov-20-1959

Reported in : AIR1960MP282

..... such portions as could in no event be brought under cultivation, should be excised from the pattas.ultimately, this was also refused by the commissioner so that the pattas remained valid all the time, whatever might have been the recommendation of subordinate officers on the basis of the apparent impropriety on the part of the outgoing durbar in throwing away public ..... tenancy advantageous to the grantee and called 'pagras' authorized by section 53 (d) of the bhopal land revenue and tenancy act with the terms and incidents incorporated in agreements with the grantees executed on 23-7-1949 after the taking over by the government of india; the conditions relevant for these proceedings are :'(i) after leaving 10 per cent of the patta area for ..... . with the same amount of trouble, and may be some more of court fee, the grantees could nave gone to the civil court with appropriate title suits either for declaration or permanent injunction. in principle, i would hold that whenever thecontroversy is for the most part on facts, and rights of a contractual nature have to be investigated, article 226 is not ..... . though in their statements, the parties refer to a long course of events, the actual controversy can be summarized under the following headings:(i) it being possible for the petitioners to file suits tor the declaration of their title or the grant of permanent injunction restraining the government from taking over these lands, is it necessary and proper for the high court .....

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Jan 13 1959 (HC)

Samdu Khan Vs. Madanlal

Court : Rajasthan

Decided on : Jan-13-1959

Reported in : AIR1959Raj101

..... to be dependent on the amount of the decree that may be passed in such suits. the calcutta, bombay and the lahore view proceed on an assumption that the value fixed by the plaintiff is only tentative or provisional. section 7 (iv) (f) does not mention that this is tentative or provisional. what it says is that the valuation can be fixed ..... . bapna, ag. c.j. 1. this is an appeal in execution proceedings. the respondent madanlal instituted a suit for dissolution of partnership and rendition of accounts in the court of civil judge, merta. he valued the suit at rs. 5,250/- and paid court-fee on that valuation according to section 7 (iv) (f) of the court-fees act. a preliminary decree was passed ..... . the forum of appeal is mentioned in section 21 of the rajasthan civil courts ordinance. the relevant portion is as follows : -- '(1) save as aforesaid an appeal from a decree or order of a civil judge shall lie : -- (a) to the district judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or ..... the suits valuation act, this valuation is also taken to be the valuation for purposes of jurisdiction. section 11 provides for the levy of the extra court-fees in case the amount decreed is higher, but does not touch the valuation of the suit for purposes of jurisdiction. many of the cases cited are 'referred to in ilr 40 mad 1 : (air 1918 .....

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Nov 17 1959 (HC)

T.A. Mahomed Usman Vs. State of Madras Represented by Secy. to Govt. o ...

Court : Chennai

Decided on : Nov-17-1959

Reported in : AIR1961Mad129; (1960)IIMLJ290

..... evidence of bis being a pakistani citizen, and therefore one who had ceased to be an indian national by force of section 9(1) of the citizenship act 1955. that is how the validity of para 3 of schedule iii assumes crucial importance.35. we shall now take up for consideration the several points urged by ..... of the constitution or by registration otherwise than under clause (b)(ii) of article 6 of the constitution or clause (a) of sub-section (i) of section 5 of this act shall cease to be a citizen of india, if he is deprived of that citizenship by an order of the central govern-ment under this ..... invalid, and the petitioner should have to be treated as retaining his indian citizenship, with the result that the order of deportation would be illegal8. before proceeding to discuss the various arguments put forward by the learned counsel in support of the contention, that the petitioner still retained his indian citizenship, it is ..... b) if he has ..... declared himself to be a citizen of pakistan or of pakistan domicile; (c) if be has applied for and obtained a right title or interest in evacuee property in pakistan and (d) if he has obtained a temporary permit for entry into india from pakistan.43. thus every citizen of ..... in pakistan or declared himself to be a citizen of pakistan or of pakistan domicile; or (c) if he has applied for and obtained, a right, title or interest in evacuee pro perty in pakistan; or (d) if he has obtained a tem porary permit for entry into india from pakistan."19. it .....

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Nov 05 1959 (HC)

Bikram Singh and anr. Vs. Sudarsan Singh

Court : Allahabad

Decided on : Nov-05-1959

Reported in : AIR1961All150

..... rights dismissed on the simple ground that the learned munsif had no jurisdiction to try it. the suit was filed on 3-3-1956, i.e., after the hindu marriage act no. xxv of 1955 had come into effect. sec, 9 of that act confers the right on either the husband or the wife to apply for restitution of conjugal rights to the district court ..... in the u, p. gazette dated 20-10-1956, the list of courts throughout uttar pradesh was published as having jurisdiction as 'district court' within the meaning of section 2 of the hindu marriage act but the court of munsif, gorakhpur or of any munsif is not included in this list. that court, therefore, had no jurisdiction to try the suit. this matter ..... for restitution of conjugal rights where the parties are hindus.3. the hindu marriage act was intended by die legislature to be a complete code as regards matters dealt with by it. this is clear from section 4 of the act which provides (a) that any text, rule or interpretation of hindu law shall cease to have effect with respect to any matter for which ..... to raise the question of jurisdiction in second appeal, if his conduct shows that he had taken part in the proceedings before the trial court on his own free will. the exact decision was not cited before me, but as far as i recollect, this court held, on merits, that the tribunal had jurisdiction. the case related to an industrial dispute in .....

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