Court : Kolkata
Decided on : Mar-24-2004
Reported in : (2004)3CALLT138(HC),2004(2)CHN585
..... to the facts and circumstances of the case, there was no scope for applying under section 12 of the hindu marriage act, 1955. since marriage was not proved, the registration of the marriage could not be accepted as valid and thus there was no question of marriage being consumed. thus though he had found the ..... if it retains it and a decree is passed the same would not be a nullity. since the petitioner had undergone a long way of the proceeding and the respondent was not vigilant in insisting upon this point at the preliminary stage, the learned district judge should have granted the relief for the ..... learned munsif alone. the learned district judge could not have entertained this suit. for the reasons foregoing, we again stretch our reasoning to such an extent that by reason of this decision, the competence of the learned district judge could neither be taken away nor overlooked. he also relied on the decision ..... obstruction in nursing works or any other works of the plaintiff.(d) decree for entire costs of the suit along with interest for the same'.1.1. subsequently this suit was sought to be withdrawn which was allowed by the learned munsif by an order dated 10th of july, 1998 with liberty ..... between her and o.p. accordingly, she is not entitled to any relief in this case. these two issues are, accordingly, answered against her'.1.2. in the plaint the petitioner had pleaded that there was no marriage and in consequence no consummation in between the petitioner and the opposite party .....Tag this Judgment!
Court : Delhi
Decided on : Sep-03-2004
Reported in : 114(2004)DLT47; 2004(77)DRJ70
..... an irretrievable break down of the wedlock decided to part company for good by seeking dissolution of their marriage by mutual consent in proceedings under section 13-b of the hindu marriage act, 1956. the memorandum of understanding also dealt with the question of custody of the child born out of the wedlock and made ..... custody of the child by agitating the matter in a court of competent jurisdiction. the contempt jurisdiction of this court cannot, in my opinion, provide short cut for that purpose, not only because this court had dismissed the revision petition but also because even if the settlement arrived at between the parties ..... the order which according to the petitioner constitutes a direction that will amount to incorporation of memorandum of understanding in the order of the court . i regret my inability to accept that line of argument. the revision petition having been dismissed as withdrawn, it was neither legally possible nor necessary to ..... competent court under the guardian and wards act and not by way of proceedings in the contempt jurisdiction of this court especially when the respondent has not committed any such contempt. 4. i have heard learned counsel for the parties at considerable length and perused the record. the short question that falls for consideration is whether ..... t.s. thakur, j.1. custody of children often becomes the proverbial bone of contention between spouses when temperamental incompatibility or irreconcilable differences, have irretrievably wrecked, .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-27-2004
Reported in : 2004(2)AWC976; 2004CriLJ2392
..... 442, no vacancy could have been deemed to come into existence so as to confer jurisdiction on the rent control and eviction officer to proceed under section 16 of the act. it is further asserted that the date fixed in the case was preponed without any notice to the petitioner.apart from the normal mode ..... such a rigid interpretation must therefore be avoided.42. the decision in om prakash jaiswal's case (supra) to the effect that initiation of proceedings under section 20 can only be said to have occurred when the court formed the prima facie opinion that contempt has been committed and issued notice to ..... ble supreme court to the facts of the present case i find that the in the present case the proceedings for contempt commenced when the petitioner filed the present application/petition on 8th april, 1993 and, therefore, the bar of section 20 of the act is not applicable.23. so far as to whether ..... to disobey it........... it would be most dangerous to hold that the suitors, or their solicitors, could themselves judge whether an order was null or valid-whether it was regular or irregular, that they should come to the court and not take upon themselves to determine such a question. that the course ..... footing.30. in view of the forgoing discussion, i do not find any good ground for recalling the order dated 14th may, 2002. the application for recall is, therefore, rejected.31. as about 10 years are shortly going to expire and the proceedings are only at the stage just after issue of notice .....Tag this Judgment!
Court : Chennai
Decided on : Oct-29-2004
Reported in : (2005)1MLJ214
..... permission of the court.(2) if any person prints or publishes any matter in contravention of the provisions contained in sub-section (1) he shall be punishable with fine which may extend to one thousand rupees.'7. as per the above section, the proceedings in a matrimonial case should not be printed or published, except the judgments of the high court or supreme court ..... irreparable injury. the 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 ..... 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 ..... them;(ill) declaration as to the legitimacy of any person;(iv) guardianship of a person or the custody of any minor;(v) maintenance, including proceedings under chapter ix of the code of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-27-2004
Reported in : 111(2004)DLT545; 2004(77)DRJ382
..... towards past and future maintenance. it has, however, been observed in the impugned order that payment of maintenance was made effective from 31.5.1996. in the proceedings under section 24 of the hindu marriage act, the court has also ordered payment of maintenance with effect from 14.5.1996. a cumulative and concatenate reading of these orders reaches to the conclusion that the ..... , a sum of rs.60,000/- is due and payable towards arrears of maintenance and litigation expenses.8. the suit filed under section 18 of the h.a. & m. act shall now proceed. the divorce proceedings filed on 1.2.1996 shall proceed as and when arrears are cleared subject to further orders of the matrimonial court. the matter has been pending for several years and ..... with the summons of the divorce petition, or the date on which she gained knowledge of that petition. in april 1996 an f.i.r. was lodged by the wife under section 406/498a of the i.p.c. in those proceedings, on 15.5.1996, a sum of rs.50,000/- was paid by the husband to the wife. it is the contention ..... been reiterated in ram kishan versus raj kumar 2003 (6) scale 682 as is evident from a perusal of the following order by which the petition came to be dismissed.'1. heard the learned counsel for the parties. 2. mr. mukul rohtagi, the learned additional solicitor general appearing on behalf of the respondent-state states that the respondents have complied with .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-11-2004
Reported in : 2005CriLJ3834,I(2006)DMC793
..... sharda's case (air 2003 sc 3450) (supra) arose out of a matrimonial dispute under sections 13(1)(iii), 12(1)(b) and 5(ii)(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 ..... person who having sufficient means neglects or refuses to maintain his wife and children or other dependants. the prime object of this section is to prevent starvation and vagrancy and provisions of section 125 to some extent prescribes summary procedure. decisions in such proceedings regarding marital status of the parties cannot be regarded as final and it is also well-known that in a ..... 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 ..... this petitioner.18. we cannot ignore the social system, customs, standard of living etc. prevalent in india. we the indians particularly the hindus and muslims except christians are to some extent conservative. it is unthinkable keeping in mind the social system in india that a newly married lady would be allowed to mix with other person soon after the marriage. the .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-11-2004
Reported in : 2004(4)ALLMR283; 2005(2)BomCR439; 2005(1)MhLj534
..... have been entertained by the reference court as the claimants did not raise any objection in reply to the notice issued under section 9(3)(4) of the land acquisition act, 1894 ('act' for short). secondly, that additional component of compensation @ 12% in the sum of rs. 48,722.40 could not have been granted ..... and apportionment of the compensation among the persons interested.on the above canvas of the scheme, now it is necessary to turn to sections 18 and 25 of the act. section 18 entitles the person interested, who has not accepted the award, to make a written application to the collector, requiring that the ..... any claim for compensation. in that view of the matter, it was not open for the respondents to invoke jurisdiction of the reference court under section 18 of the act. a reference, in that view of the matter, was not maintainable in view of the apex court judgment in the case of b. v. ..... an inquiry with regard to the measurements made as well as inquiry as to the valuation of the land on the date of notification under section 4(1) and thereafter he has to make an award under his hand. such award of the collector is required to be filed in the collector' ..... record and proceedings. before embarking upon an inquiry as to the correctness of the contentions raised, it would be appropriate to notice the provision of section 25 of the act as it stood prior to its amendment in contrast to the amended provision of section 25 of act.section 25, prior to its amendment by act 68 of 1984 .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : Jul-21-2004
Reported in : (2005)(1)SLJ280CAT
..... appeared and has been allowed two days' time on 14.7.2004 to place before us record of the disciplinary proceedings along with short submissions.having failed to comply with the same, we proceed to record our observations. the opportunity accorded having not been availed of respondents have lost their right.12. in ..... may call it 'void' a nullity if one chooses to). in such cases, normally, liberty will be reserved for the authority to take proceedings afresh according to law, i.e., in accordance with the said rule (audi alteram partem). (b) but in the latter case, the effect of violation (of a ..... the esic (staff an conditions of service) regulations, 1959." 3. shri g.r. baru was also proceeded against in a criminal case registered under prevention of corruption act and also in a disciplinary proceeding, where 100% pension cut has been imposed upon him. in the list of documents the disclosure statement of ..... now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe ..... for showing favour of not prosecuting the managing director of the said company in pursuance of the show cause notice dated 8.1.96 for having contravened the provisions of esic act. consequent to this direction of shri g.c. jatav, a bribe amount of rs. 3,000/- was later on demanded .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Mar-31-2004
..... proceedings / documents as sought by shri samir c. arora, in his letter dated 11.03.2004.12.1 from the aforesaid discussion i find that shri samir c arora is guilty of grave professional misconduct calling for remedial action from sebi under section 11(4) and 11b of the sebi act ..... manager of alliance equity funds very aggressive. many distributors categorized alliance equity fund in their analytical reports as aggressive. to that extent shri dhirendar kumar was merely saying what was a common understanding of many market participants." shri johri has also quoted shri dhirendra ..... sell the dgl shares - "event risk in digital is too high - getting nervous. reducing exposure" on may 11, 2003 the hindu businessline inter-alia, reported that "the digital may futures topped the list with active trading ahead of the company's q4 financial performance ..... scheme to align the interest of employees with those of the shareholders, 'management buy outs', which began in the usa during 1960s and gained currency elsewhere refers to a corporate finance activity whereby the existing 'management' with outside financial backing/ leveraging buy the business ..... act 1992? 7.1 at the outset, the basic contention of shri arora that he was not an employee of acaml, needs to be dealt with. this issue had been examined in my earlier interim order. the following facts are relevant for consideration: key information memorandum and common application form (a publicly available document) of acmf under the title .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Mar-15-2004
Reported in : (2004)83TTJ(Ahd.)721
..... the final determination of the dispute regarding the title of the property. on this ground also, i feel that the impugned gift-tax proceedings are liable to be quashed.14. for the aforesaid reasons, i am of the considered view that the action of the tax authorities in invoking the provisions of section 4(2) of the gt act for 1995-96 under reference is not ..... cgt(a) has construed the arbitration award as a sort of family arrangement and the learned jm has concurred with the view.when parties enter into a family arrangement, the validity of the family arrangement is not to be adjudged with reference to whether the parties who raised disputes or rights or claims in certain properties had in law any such ..... the exclusive right of the father of the assessee to the property bequeathed by him was upheld by the supreme court and as a result of provisions of section 14 of the hindu succession act the property became absolute property of the assessee at the time of family arrangement. in these circumstances, it was contended by the revenue that there was no necessity ..... transfer. it is not also a creation of an interest. for, in a family settlement each party takes a share in the property by virtue of the independent title which is admitted to that extent by the other parties. every party who takes benefit under it need not necessarily be shown to have, under the law, a claim to share in the .....Tag this Judgment!