Court : Allahabad
Decided on : May-23-1997
Reported in : AIR1998All29; II(1997)DMC383
..... , therefore, no appeal can lie against such order under section 28(2). the order under section 26 as has been made appealable under sub-section (2) passed in proceeding under the hindu marriage act indicates by reason of expression used in the said sub-section (2) that the said order is to be passed as contemplated within the meaning of section 26 only ..... memo of appeal or vice versa as sought to be urged by the learned counsel for the opposite party.26. section 26 of the hindu marriage act provides as follows :'26. custody of children. -- in any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just ..... interpretation is given, in that event, it will be a parallel statute with those of the guardianship and wards act and the hindu minority and guardianship act. such an interpretation would be preposterous. the phrase 'orders made by the court in any proceedings under this act under section 25 or section 26 clearly indicates that such appeal lies against the order passed under section 26 ..... of a child is provided in the guardianships and wards act and in the hindu minority guardianship act, 1956. such relief can be had independently, even without a matrimonial proceeding under the hindu marriage act or any other marriage act, under the provision either under the guardians and wards act or under the provision of the hindu minority and guardianship act, as the case may be. only to avoid multiplicity .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-15-1997
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... valid and the effect according to their tenor, any rule of law, statute or enactment of the legislature to the contrary notwithstanding.'38. in so far as uttar pradesh is concerned, in reference to this very act, that is, government grants act, 1895, an amendment act was passed by the u. p. legislature known as the government grants (u. p. amendment) act. 1960 (u. p. act ..... have ever affected any rights, created, conferred or granted, whether before or after the date of the passing the government grants (u. p. amendment) act, 1960, by leases of land by, or on behalf of, the government in favour of any person ; and every such creation, conferment or grant shall ..... ignoring the aspect of grant or renewal of leases whether residential or commercial or of nazul shops and not facilitating this aspect, and instead proceeding to make freehold, the corpus of property which are nazul in character, virtually amounts to defeating the principles which have been settled by the ..... cases the land should be sold at an equitable price to the person apprehending the annoyance. thus, land near a mahomedan mosque or a hindu temple, should not be sold so as to subject the religious feelings of the people to offence, and thus also the lessee of ..... . page 239].from the above, it is clear that the concept of nazul, a term under the muhammadan law, is not alien to hindu law under the name and category 'gavari'. this aspect is important as it is commonly misunderstood that every grant made by the government is .....Tag this Judgment!