Skip to content


Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: chennai Page 1 of about 301 results (0.057 seconds)

Mar 24 1998 (HC)

Kamalam Rajendran Vs. Inspecting Assistant Commissioner of Income-tax ...

Court : Chennai

Reported in : (1999)156CTR(Mad)538; [1999]237ITR299(Mad)

..... the income-tax officer could not have formed the requisite belief under section 147(a) and had no jurisdiction to issue the notice. the reassessment proceedings were not valid and were liable to be quashed.' 30. in bhola nath majumdar v. ito , it is held as follows (page 615) :'the opening words ..... (page 717) :'..... on merits also, we find that the question has to be answered against the department on the ground that no proceedings under section 147(b) of the act could be initiated on the basis of the valuer's report. it is only an information which, without being substantiated by convincing evidence ..... 181itr119(ap) , has held thatthe said provisions of section 55a also apply in cases of assessment under section 143(3) of the act. for deciding the present case, i am proceeding on the basis that the provisions of section 55a could be utilised for the purposes of making assessment under section 143(3) or ..... cit , it has been held that the valuation report did not constitute information under clause (b) of section 147 of the act and as such the same cannot be a valid basis for reassessment.'32. a reading of the above decisions makes it clear that even to issue the notice under section 148 ..... an assessment including reassessment is a sine qua non for giving jurisdiction to the assessing officer to make a reference under section 55a of the act. section 55a has no relevance and cannot be applied after the assessment is completed and before the reassessment has commenced that is to consider the .....

Tag this Judgment!

Oct 03 2011 (HC)

T.Sivakumar Vs. Inspector of Police

Court : Chennai

..... a great deal of discussion on the legislative history of the hindu minority and guardianship act. as we have already seen, a child marriage was recognized as a valid marriage in hindu law despite the implementation of the child marriage restraint act, 1929. even in the hindu marriage act, 1955 as it was originally brought into force as per ..... right of the person who seeks custody and grant of custody in a habeas corpus proceeding shall not prejudice the legal rights of the parties to approach the civil court for appropriate relief. v. whether a minor girl has reached ..... minor girl, he may apply to the court to set her at liberty if she is illegally detained by anybody. iv. in a habeas corpus proceeding, while granting custody of a minor girl, the court shall consider the paramount welfare including the safety of the minor girl not withstanding the legal ..... minor girl as between the husband and the parents. while exercising the jurisdiction under article 226 of the constitution of india, in a habeas corpus proceeding, the division bench presided over by hon'ble mr.justice v.s.sirpurkar [as he then was] held as follows:- again the question of ..... very recently, in ruchi majoo v. sanjeev majoo, (2011) 6 scc 479, the hon'ble supreme court in para 58 has held as follows:- proceedings in the nature of habeas corpus are summary in nature, where the legality of the detention of the alleged detenu is examined on the basis of affidavits .....

Tag this Judgment!

Mar 03 1959 (HC)

Valliammal Ammal Vs. Periaswami Udayar

Court : Chennai

Reported in : AIR1959Mad510

..... passed by the court and also provides for a right of appeal. that section states 'all decrees and orders made by the court in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction ore enforced and ..... would apply to the present one.11. the notification of the state government investing jurisdiction in the sub-courts in regard to cases arising under the hindu marriage act was made on 29-1-1957. the decree or order of the sub-court in regard to petition instituted thereafter being given in the exercise of ..... such rules notwithstanding that the legal right claimed arises under a special statute which did not in turn confer a right of appeal.7. under the hindu marriage act, the statute does give a right of appeal, but it does not prescribe the forum to which such appeals would lie. a question would also ..... 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 ..... 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 .....

Tag this Judgment!

Dec 11 1995 (HC)

Karamchand Thapar and Bros. (C.S.) Limited Vs. Manaco Properties Priva ...

Court : Chennai

Reported in : (1996)1MLJ386

..... the respondents would argue that since the respondents tendered unconditional apology, it may be accepted and they may be let off with a warning. contempt proceedings cannot be met with a plea of justification as well as with an apology in the alternative. the two pleas are inconsistent. justification and apology ..... is expected of the court in the matter of punishing the contemners, since the ordinary protection available to a person-accused of any criminal act or offence is not open to a person accused of criminal contempt and in that view, i am of opinion that instead of convicting ..... including the applicant and it cannot be the intention of the court that the building should remain unoccupied ever and therefore, they have committed the acts of violation. this reasoning given by the respondents as to why they have committed violation of the order of this court, is to be ..... floor and fourth floor of the commercial building, thaper house and therefore, the respondents are liable to be punished under the contempt of courts act. the first respondent is a private limited company of which the second respondent is the managing director.5. the second respondent in his counter ..... floor work were not constructed completely. despite the same, the respondents have handed over a portion of the premises in the mezzanine floor to one 'hma data system private limited' in a completed stage and have also completed construction of another portion in mezzanine floor for handing over to 'crisil'. .....

Tag this Judgment!

Aug 18 2008 (HC)

R. Sukanya Vs. R. Sridhar and ors.

Court : Chennai

Reported in : AIR2008Mad244

..... sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.16. section 36 of the children act, 1960 deals with the prohibition or publications of names, etc., of children involved in any proceeding under the act and it reads as follows:(1) no report in any newspaper, magazine or news sheet of any inquiry regarding a child under ..... given the widest import and it has to be given full effect to, when it is read in conjunction with the words 'every proceeding' occurring in the beginning of the section. considering the scope of the act, i.e., hindu marriage act, which governs marriage between the hindus, relief of divorce and judicial separation, alimony, temporary or permanent, the lis being purely inter ..... to 5 that the family courts act, 1984 has got overriding effect on the hindu marriage act, 1955 is not sustainable.13. section 22 of the hindu marriage act, 1955 recognizes the 'right to privacy between the parties in a proceedings conducted under the hindu marriage act, it has been clearly mentioned in section 22 of the said act that the proceedings under the act should be conducted in-camera ..... localities, which may be affected by the matters in question. interest shared by citizens generally in affairs of local state or national government...21. section 22(1) of the hindu marriage act states that every proceeding under this act shall be conducted 'in-camera' and it shall not be lawful for any person to print or publish any matter in relation to any such .....

Tag this Judgment!

Mar 02 1984 (HC)

Commissioner of Income-tax Vs. P.R.L. Abubacker

Court : Chennai

Reported in : [1987]163ITR348(Mad)

..... were not brought to his notice at the stage of the original assessment, the income-tax officer initiated proceedings under section 147(a) of the act. in the reassessment proceedings, the income-tax officer has proceeded on the basis that since the estimate made by the assessee's own valuer is higher than the ..... by the income-tax officer at the reassessment stage could be justified on merits ?' 3. the tribunal took the view that the proceedings under section 147(a) of the act could not legally be sustained as the income-tax officer, even at the original assessment stage, has adopted his own estimate after ..... the true particulars regarding the cost of construction and consequently there had been an escapement of income. in this view, he initiated proceedings under section 147(a) of the act and made a further addition of rs. 15,000 for the assessment year 1964-65 and rs. 11,000 for the assessment ..... indicate that the construction of the second floor should have been made before march 31, 1965. based on this finding, the appellate assistant commissioner proceeded to hold that since the assessee has concealed the factum of construction of second floor at the stage of the original assessment, the reassessment could ..... case, the reopening of the assessments made by the income-tax officer under section 147(a) of the income-tax act, 1961, for the assessment years 1964-65 and 1965-66 is valid and justified ?' 2. the assessee herein purchased an old property bearing door nos. 1/28 and 2/28, maracair .....

Tag this Judgment!

Apr 28 1971 (HC)

Alagarswami Chettiar Vs. Lakshmi Ammal

Court : Chennai

Reported in : (1972)1MLJ187

..... of some injury which has been done outside the matter of violation of conjugal rights of the parties as such. in this particular case one cannot help feeling that these proceedings would never have been instituted by the husband if the wife had not irritated him by the action which she took in connection with his furniture.in leela v. r ..... decree for divorce on any ground based upon the provisions of section 13(2)(1) of the hindu marriage act, unless there is satisfactory evidence that the respondent was desirous of seeking the severance of marriage from the date when the act came into force and had valid and proper reasons for delaying her action for divorce. such cruel conduct on the part of ..... particularly after awareness of a right to claim divorce and consideration of the interests of such children ;4. conduct of the wife seeking the divorce in relation to proceedings by the other wife or wives for divorce ;5. consideration of the interests of the petitioner, respondent as also of other persons concerned, such as the other wife or wives ..... to the said kulandai-swami pillai that she had joined her husband and was living with him and her children. it appears probable that subsequent to the institution of divorce proceedings, the respondent's spritual reverence for soosaimanickam gradually lost its transcendant character and degenerated into terrestial love and that both of them contemplated marriage if the divorce .....

Tag this Judgment!

Dec 02 2016 (HC)

T. Devi Malar Vs. S. Meenesh Ganapathy

Court : Chennai Madurai

..... a purposeful interpretation. it is the residence of the wife, which determines the question of jurisdiction, in case the proceeding was initiated at the instance of the wife. 22. while considering a provision like section 19 (iii-a) of the hindu marriage act, the objects and reasons which prompted the parliament to incorporate such a provision has also to be taken note of ..... to safe-guard the interest and rights of the women, who are being subjected to harassment and cruelty. but this special preference conferred under section 19(iii)(a) of the hindu marriage act shall not be used to wreck vengeance on the husband. there must be a justifiable cause to select the jurisdiction of the court where she resides.'' 6. in view ..... .cmp(md)no.108 of 2010, dated 03.03.2011, the madurai bench of madras high court, has observed as below:- ''18. it is true that section 19 of the hindu marriage act, has been amended by insertion of proviso of (iii)(a) to section 19. of course, this amended section 19(iii)(a) gives special preference to the wife to file ..... . sub clause (iii-a) was inserted in section 19 with a specific purpose. experience is the best teacher. the government found the difficulties faced by women in the matter of initiation of matrimonial proceedings. the report submitted .....

Tag this Judgment!

Nov 28 2016 (HC)

Jamuna and Others Vs. Rajkumar and Others

Court : Chennai Madurai

..... a purposeful interpretation. it is the residence of the wife, which determines the question of jurisdiction, in case the proceeding was initiated at the instance of the wife. 22. while considering a provision like section 19 (iii-a) of the hindu marriage act, the objects and reasons which prompted the parliament to incorporate such a provision has also to be taken note of ..... to safe-guard the interest and rights of the women, who are being subjected to harassment and cruelty. but this special preference conferred under section 19(iii)(a) of the hindu marriage act shall not be used to wreck vengeance on the husband. there must be a justifiable cause to select the jurisdiction of the court where she resides.'' 8. in view ..... .cmp(md)no.108 of 2010, dated 03.03.2011, the madurai bench of madras high court, has observed as below:- ''18.it is true that section 19 of the hindu marriage act, has been amended by insertion of proviso of (iii)(a) to section 19. of course, this amended section 19(iii)(a) gives special preference to the wife to file ..... . sub clause (iii-a) was inserted in section 19 with a specific purpose. experience is the best teacher. the government found the difficulties faced by women in the matter of initiation of matrimonial proceedings. the report submitted .....

Tag this Judgment!

Nov 16 2016 (HC)

S. Renugadevi Vsersu M. Vijaykumar

Court : Chennai Madurai

..... a purposeful interpretation. it is the residence of the wife, which determines the question of jurisdiction, in case the proceeding was initiated at the instance of the wife. 22. while considering a provision like section 19 (iii-a) of the hindu marriage act, the objects and reasons which prompted the parliament to incorporate such a provision has also to be taken note of ..... to safe-guard the interest and rights of the women, who are being subjected to harassment and cruelty. but this special preference conferred under section 19(iii)(a) of the hindu marriage act shall not be used to wreck vengeance on the husband. there must be a justifiable cause to select the jurisdiction of the court where she resides.'' 5. in view ..... .cmp(md)no.108 of 2010, dated 03.03.2011, the madurai bench of madras high court, has observed as below:- ''18.it is true that section 19 of the hindu marriage act, has been amended by insertion of proviso of (iii)(a) to section 19. of course, this amended section 19(iii)(a) gives special preference to the wife to file ..... . sub clause (iii-a) was inserted in section 19 with a specific purpose. experience is the best teacher. the government found the difficulties faced by women in the matter of initiation of matrimonial proceedings. the report submitted .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //