Court : Karnataka
Decided on : Sep-01-2003
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 : Karnataka
Decided on : Jan-08-2003
Reported in : 2003(2)KarLJ139
..... case of mallappa v. mallava, air 1960 mys. 292submitted that district judge has jurisdiction as first appellate authority. perused the record carefully. 4. the point for consideration is: 'to which court, appeal lies under section 28 of the hindu marriage act?' 5. section 28(1) of the act provides that decrees made in any proceeding under that act shall be appealable as decrees of the ..... the matter for decision by larger bench. thus, viewed from any angle, the question of law, namely, 'whether forum of appeal provided under section 28 of the hindu marriage act depends on the valuation of the proceedings and the karnataka civil courts act or, irrespective of that, appeal lies to high court only?', requires to be answered by larger bench. accordingly, under ..... had been the intention of the legislature that the high court alone should be the forum of appeal from all decrees and orders made in proceedings under the act, it would have been so clearly stated in section 28. . . .'.it is also observed in the said decision that notification cannot have the effect of converting civil court into a ..... majage, j. 1. in this appeal, a short but an important question namely, to which court appeal lies against an order passed under section 13 of the hindu marriage act, arises for consideration.2. the facts, giving rise to the said point, are: the appellant herein presented a petition under section 13(1), (1-a) and (1-b) of the hindu marriage act (hereinafter referred as 'act') seeking a decree .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-21-2003
Reported in : ILR2003KAR4431
..... of a number of collection; omitting none; whole of it; all of it'. the only meaning flowing from the provisions of sub-section (1) of section (19) of the family courts act read with sub-section 2 of section 28 of the hindu marriage act, is that an appeal will be against every judgment and order and only exception is that no appeal will lie against an 'interlocutory ..... the family court, i.a. no. 5 was filed by the appellant herein under section 26 of the hindu marriage act, 1955 seeking custody of the ward. the family court, however, did not pass any order on the application ..... by the family court on the ground of cruelty of judgment and decree dated 27.10.2000 and the said decree was allowed to become final.2. it appears when the proceedings were pending on the file of ..... , paranukush by name, being aggrieved by the common judgment and order dated 6.2.2001 made on i.a.s 5 and 10 in m.c.no. 116 of 1999 on the file of the court of the principal judge, family court, bangalore, for short 'family court'. the marriage between dr. raj kavitha, the respondent herein and dr. rohit dandekar was annulled .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-07-2003
Reported in : 2003(3)ALD195; 2003(1)ALT712
..... of the approved plan. rejecting the said contention, this court held:'applying the above to the facts of this case, i hold that section 636(2) as well as section 452(2) of the act, confer by the use of the word 'may' instead of 'shall', discretion on the commissioner in ordering or not ordering ..... orders regularising the deviations, therefore, there is absolutely no misrepresentation of facts or fraud played by the owners. hence sought for quashing of the impugned proceedings.5. a detailed counter has been filed on behalf of the 2nd respondent-commissioner disputing and denying the allegations made by the owners. in the counter ..... earlier and the same was reduced into writing as a memorandum of partition on 23-8-1997 and the said partition is valid. but, however, the said contention of the petitioner is opposed by the learned counsel for the contesting respondents by referring to the provisions of the ..... deed dated 26-6-1997. thereafter, the said purchasers submitted a joint application for the construction of the building. to the municipal corporation of hyderabad (for short 'm.c.h') vide m.c.h.no.144/5/97. the m.c.h. sanctioned the plan submitted by them and issued permit no. ..... the fact and applied for regularisation of the building. your claim that the extent of building site is less than 200.00 sq.mtrs. was based on an unregistered memorandum or oral partition and division which does bestow title and it was invented for the purpose of obtaining regularisation of building by fraut .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2003
Reported in : 2003IIAD(Delhi)14; 102(2003)DLT822; I(2003)DMC443; 2003(67)DRJ58
..... proceeding further in the superior court, state of connecticut, u.s.a for a period of thirty days from today.' 7. on 9.3.2000 lengthy orders were ..... likely to be caused to the defendant if the hearing in divorce case pending in the superior court, state of connecticut, u.s.a is deferred for a short period, i restrain the defendant from proceeding further in the superior court, state of connecticut, u.s.a for a period of thirty days from today.' these orders had been passed by the court ..... with responsibility, as i am sure, would the superior judge seized with the divorce proceedings. for the present, in the interest of justice, and since no permanent prejudice is likely to be caused to the defendant if the hearing in divorce case pending in the superior court, state of connecticut, u.s.a. is deferred for a short period, i restrain the defendant from ..... further reflection i am also satisfied, prima facie, that the defendant appears to have committed contempt of this court. when the matter came up for hearing on 18th august, 1999 notice, simplicitor, was issued to the defendant. it will be relevant to mention that the present suit is for the grant of maintenance under section 18 of the hindu adoption and maintenance act and .....Tag this Judgment!
Court : Central Administrative Tribunal CAT
Decided on : Nov-21-2003
Reported in : (2005)(2)SLJ32CAT
..... issued threat to the applicant's defence assistant and took no action against the concerned person. it was expected that the management and its officials would act fairly in conducting the disciplinary proceedings against the delinquent officials but unfortunately in the present case the senior officer of the management/respondents and a person of the status of principal of the ..... dated 3rd december, 1999 with a direction that the applicant's representation for change of posting be considered keeping in view the observations made therein, i.e., policy of posting in neighbouring regions and pendency of disciplinary proceedings etc. as the said direction remained uncomplied with, contempt petition no. 5/2000 was preferred. vide order dated 17.12.1999, commissioner, ..... works pvt. ltd. and ors., it was held that: "ordinarily, therefore, a workman whose service has been illegally terminated would be entitled to full backwages except to the extent he was gainfully employed during the enforced idleness. that is a normal rule. any other view would be a premium on the unwarranted litigative activity of the employer. .....if the ..... dispose of applicant's appeal within 60days. without complying with the said directions, the assistant commissioner, k.v. sangathan, mumbai forwarded a copy of the enquiry report on 17.1.2001 with a direction to submit representation against the same, if any, within 15 days of the receipt of the said letter. the applicant submitted a detailed representation dated 23 .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Jaipur
Decided on : Apr-25-2003
Reported in : (2005)92TTJ(JP.)119
..... by the acquisition, authorities to the said allottees.21. according to learned authorised representative, there was no reason to believe as required under section 269c before issuance of the notice under section 269d(1) of the it act, dt. 15th march, 1985. thus, entire proceedings are illegal, without jurisdiction and null and void, non-existent in law and deserves to be quashed forthwith. the notice under ..... bad in law and the same was quashed.however, the government of rajasthan preferred an appeal in the division bench of the rajasthan high court who decided that the acquisition proceedings were validly initiated by the collector. the division bench has overruled the order of the single judge bench, but it was challenged in the supreme court. the hon'ble supreme court ..... dvo should have adopted belting method being vast tract of undeveloped land. he might have considered that the said land was in dispute under various litigation. thus, he challenged the validity of the dvo's report.17. the learned authorised representative further took a different aspect regarding unregistered original agreement dt. 2nd oct., 1974. he submitted that for the transfer of ..... sq. yards. m/s jai marwar co. (e) ltd. (hereinafter known as m/s jmcpl) has again sold this piece of land to the appellant i.e., m/s navin grah nirmam sahakari samiti, jodhpur, in short "appellant samiti/society" vide sale deed submitted before the registration authority on 1st feb., 1982 for a consideration of rs. 24,45,452. it was .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-22-2003
Reported in : (2003)184CTR(P& H)575
..... that some income chargeable to tax had escaped assessment. (d) the mere change of opinion by respondent no. 2 cannot justify initiation of proceedings under section 147(a) particularly when the order of assessment had been partly set aside by the tribunal. 4. in the written statement filed on behalf ..... necessary for his assessment, any part of his income, profits or gains chargeable to tax has escaped assessment. he can also start reassessment proceedings because some fresh facts have come to light which were not previously disclosed or some information with regard to the facts previously disclosed comes to ..... , complete and truthful disclosure of the material facts and its income had escaped assessment. 12. in view of the above conclusion, i do not find any valid ground to entertain the petitioner's prayer for quashing of the notice at the threshold. this view of mine is amply supported by ..... that the belief was not at all a bona fide one or was based on vague, irrelevant and non-specific information. to that limited extent, the court may look into the conclusion arrived at by the ito and examine whether there was any material available on the record from ..... income-tax appellate tribunal, amritsar bench (for short, 'the tribunal'), partly allowed the second appeal of the petitioner and deleted various additions made by respondent no. 2 including the addition of rs. 1,75,000. reference application filed by the revenue under section 256(1) of the act was rejected by the tribunal vide its .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-28-2003
Reported in : AIR2003SC3450; 2003(3)ALLMR(SC)331; 2003(3)ALT41(SC); 2003(2)AWC1534(SC); 2003(2)BLJR1420; 2003(2)CTC760; I(2003)DMC627SC; [2004(1)JCR98(SC)]; JT2003(3)SC399; 2003(2)KLT243
..... it requires or is susceptible to medical treatment or;'9. clause 2(b) of section 5 provides for one of the conditions for a valid hindu marriage that neither party must be suffering from unsoundness of mind, mental disorder or insanity. in terms of section 12(1)(b) of the act a marriage may be held to be voidable if the other party was suffering from ..... is to the following terms:'23. provisions as to scientific tests (1) for sub-sections (1) and (2) of section 20 of the family law reform act, 1969 (power of court to require use of blood tests) there shall be substituted the following subsections - (1) in any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own ..... necessary is that the petitioner must establish that unsoundness of mind of the respondent is incurrable or his/her mental disorder is of such a kind and to such an extent that he cannot reasonably be expected to live with his/her spouse. medical testimony for arriving at such finding although may not be imperative but undoubtedly would be of considerable ..... years. the disease, however, must be of such a kind that the other spouse cannot reasonably be expected to live with him or her. a few strong instances indicating a short temper and somewhat erratic behavior on the part of the spouse may not amount to his/her suffering continuously or intermittently from mental disorder.13. it may be noticed that .....Tag this Judgment!
Court : Kerala
Decided on : Sep-26-2003
Reported in : 146STC499(Ker)
..... cent of the tax payable on the taxable turnover for the month of march on or before the end of the month, in proceedings for imposition of penalty under section 45a of the kerala general sales tax act, 1963 (for short, 'the act'), the quantum of penalty can go beyond rs. 10,000.2. the appellant is a private limited company engaged in the sale ..... sections under which order is issued are not quoted therein is the only deficiency about the order. therefore i feel the order issued under section 45a(l)(g) can be sustained ..... the assessing authority may direct, so, however, that the total amount of penalty shall not exceed the amount of tax or other amount in arrears.(2) no penalty under sub-section (1) shall be imposed without giving the assessee a reasonable opportunity of being heard.the opening words 'where an assessee makes default in payment of tax or any other amount due ..... limiting the penalty to the extent of deficiency of advance tax, the order has to be considered as one passed under section 45aa and the quoting of section 45a(l)(g) alone by itself will not affect its validity. in fact the order can be treated as an order passed under section 45a(l)(g) read with section 45aa of the act. in other words, all the .....Tag this Judgment!