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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: jammu and kashmir Page 1 of about 18 results (0.027 seconds)

Feb 04 2009 (HC)

Ajmer Singh Sindhu Vs. Madhur Sidhu

Court : Jammu and Kashmir

Reported in : AIR2010J& K42

..... the provisions of hindu adoption and maintenance act, which shall be treated as proceeding under the act at par with proceedings under family court, where the family act is applicable.4. the court below ultimately held that the claim for maintenance filed by the respondent is to be treated as petition under the hindu adoption and maintenance act, 1960, (hereinafter referred to as the act of 1960) and the ..... court fees act, is not applicable. it ..... wife, minor children and aged parents who are unable to maintain themselves and thus, is in the nature of social enactment. he also pointed out that the proceedings under the hindu marriage act, hindu succession act, are entertained and adjudicated by the civil court considering the same as petition and not a suit. it is thus stated that the provisions of section 7 ..... a petition, the trial court had no jurisdiction to try the same.6. mr. b. s. manhas, learned senior advocate, appearing for respondent submitted that proceedings under sections 18 and 20 of the act of 1960, are summary in nature, and therefore, these cannot be termed as a 'suit' as described under section 9 of the cpc, but the same are .....

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Sep 06 2004 (HC)

Munshi Ram Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : AIR2005J& K25,2004(3)JKJ202

..... entered their appearance. they were directed to produce title deed of yatri hotel and the relevant record maintained by the municipality relating to its building permission and the record of proceedings initiated against the petitioner. the commissioner, municipal corporation, jammu, (as it has now been converted into) was also directed to appoint a suitable engineer to go on spot and ..... question and it consequently allowed both the appeals by a common order dated 11th october, 1996, set-aside the impugned notices, leaving it open for the municipality to initiate fresh proceedings in consonance with law, if circumstances so warranted.9. after the earlier notices issued by the municipality were set-aside by the tribunal, the chief kihlafwarzi officer, jammu municipality ..... suit no. 182 of 1996 before ist additional munsiff, jammu, for declaration that the hotel under construction known as 'yatri hotel' situated at indira chowk, jammu, was a joint hindu family property and that sale deed dated 9th august, 1995 registered on 9th october, 1995 executed by munshi ram in favour of defendants 1 and 2 therein with respect to ..... cost. on the same day, the secretary, municipality jammu filed a challan against munshi ram under section 225 of the act before the special municipal magistrate, jammu, for action under law.8. munshi ram filed another appeal before the tribunal challenging the validity of notice dated 19th june, 1996. this appeal was registered as file no. stj/120/96 and, vide order .....

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Jan 04 2013 (HC)

1. Mohinder Singh and anr Vs. 1.State Th. Accountability Commission an ...

Court : Jammu and Kashmir

..... to make such regulations as it may deem necessary for carrying out the purpose of the act. regulation 9, it is emphasized does not infringe or go beyond any of the provisions of the act and can be validly used by the commission to initiate suo-moto proceedings against the public functionary, as has been done by the respondent-commission in the matters on ..... hand.17. learned counsel for the interveners laying emphasis on purpose of the act, the mischief sought to be addressed and menacing proportions assumed ..... by corruption in public life argue that the act needs to be ..... complaints, and mode and manner of investigation into the complaints and like matters. section 31, therefore, does not empower the commission provide a remedy not available under the act, to trigger proceedings under the act and the rules made there under. the regulation 9 where under the commission as on indirectly confer a power to take suo moto action by laying down a .....

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Sep 24 2008 (HC)

Building Operation Controlling Authority and ors. Vs. Mst. Habla Begum

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ399

..... with a direction that trial court will frame a preliminary issue, hear the parties and decide the same within a period of three months before proceeding in the main trial. the undertaking, as directed hereinabove, may be also taken from the plaintiff. to this extent the finding of the appellate ..... the construction is complete; the lis is to be protected during course of trial.16. however, i find necessary that the trial court before proceeding for the trial should frame a preliminary issue regarding maintainability of the suit. this is necessary looking to the nature of the controversy involved and ..... interim order whether by way of injunction or stay against the order of authority concerned or the appellate officer and to entertain any suit or proceedings in respect of demolition of any building. the construction raised was prohibited by the master plan as published by the government.5. the trial ..... against the order of the authority concerned or the appellate officer;(b) entertain any suit or proceeding in respect of demolition of any building.15. finality of orders.save as otherwise provided in this act every order made by an authority or the appellate officer shall be final and shall not ..... be called in question in any suit, application or execution proceeding.12. according to the petitioner a plain reading of sections 14 & .....

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Sep 30 2004 (HC)

Falail Singh Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ364

..... petition has been filed for enforcement of any of the fundamental rights; where there is violation of principles of natural justice and where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged, as handed down by apex court in whirlpool corporation v. registrar or trade marks, 1998 (8) scc 1. the present case attracts none ..... petitioner, receiving his replies and considering them by passing he impugned orders. the disciplinary authority has arrived at its own conclusion, on the basis of evidence recorded in the enquiry proceedings and reply to the show cause notices given by the petitioner. thus, the orders impugned have been passed by the disciplinary authority, after considering the evidence, reports of the enquiry ..... in accordance with procedure laid down in rule 359 of the police manual, in all the cases of un-authorized absence of the petitioner. the petitioner participated in the enquiry proceedings and cross examined the witnesses. show cause notices were also issued to the petitioner before recommendations of the enquiry officers were accepted. reply was also dealt with and considered before ..... , increment of the petitioner was stopped for a period of one year. further, order no. 158 ap (o) dated 18.12.1989 came to be issued by the respondents whereby proceedings were ordered to be initiated against the petitioner. the increment of the petitioner for further two years was forfeited vide order no. 117 of 1990 dated 20.2.1990. again .....

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May 23 2012 (HC)

Captian Vinod Kumar Vs. State of Jandk;

Court : Jammu and Kashmir

..... him. on these observations, the committal order made by the chief judicial magistrate stood vitiated. it is thereafter the matter was remitted to chief judicial magistrate, poonch, who proceeded strictly in accordance with law by serving a fresh notice of the brigade commander and when the concerned authority declined to get the petitioners tried by the court-martial and ..... carried out by learned chief judicial magistrate, poonch, as such, is in futility. 10 therefore, according to the learned senior counsel, entire trial in this case stands vitiated and proceedings further with it, would amount to infringement of constitutional right of the petitioners enshrined under article 21 of the constitution of india.19. in support of his arguments, mr. ..... accused in criminal court or court-martial, the each having the jurisdiction. on this count alone, the revisional court held the committal proceedings to be not in accordance with the provisions of section 125 of the army act. therefore, the entire trial against the petitioners cannot be held to bad, being in violation of article 21 of the constitution.35. ..... power under section 126 read with rule 4, the magistrate has complied with the requirement of law. compliance with the procedure prescribed by the act and the rules mentioned herein supra, is mandatory requirement and any proceeding undertaken by the learned trial judge without complying the mandatory procedure would vitiate the trial before the ordinary criminal court and the entire .....

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Mar 19 2009 (HC)

Ghulam Nabi Najar Vs. State and ors.

Court : Jammu and Kashmir

..... fundamental rights or where there has been a violation of the principle of natural justice or where the order of proceedings are wholly without jurisdiction or the vires of an act is challenged. there is a plethora of case-law on this point put to cut down this circle of ..... fundamental rights or where there has been a violation of the principle of natural justice or where order of proceedings are wholly without jurisdiction or the vires of an act is challenged. para 14 and 15 are reproduced as under:14.the power to issue prerogative writs under article ..... reports of naib tehsildar khonmuh and tehsildar srinagar, and also referred to the order dated 17th may 2002 and directed the tehsildar srinagar to proceed on spot and restore the possession of the property to the attorney holder under rules. petitioner is aggrieved of these orders. respondents 8, ..... sought implementation/execution of the order dated 17th may 2002 passed by incompetent authority. the entire proceedings are conducted unfairly and are violative of principles of natural justice. the orders and all the proceedings thus cannot be sustained in law.16. the ld. counsel for respondents has referred to judgment ..... does not consider the material placed before it, and does not record reasons for arriving at particular conclusion, the competent authority will be acting unfairly. the doctrine of fairness is complementary to principles of natural justice which quasi judicial authorities are bound to observe. one of the cardinal .....

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May 01 2003 (HC)

Om Prakash Vs. Radha Devi

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ233

..... firm opinion that the case is one which calls for exercise of inherent jurisdiction under section 561a cr. pc because the contents of the proceedings in the case in question before the court below will amount to abuse of process of law.11. viewed thus, the petition is allowed ..... of limitation that to say the time during which any person has been prosecuting in due diligence of prosecution; the time during which the proceedings were stayed by injunction or order the period of notice be given or time required for obtaining sanction for prosecution; the period during ..... through the medium of this petition under section 561-a cr. pc, the petitioner/accused has sought indulgence of this court for quashment of proceedings of complaint in file no. 34 titled as radha devi v. om parkash pending decision before the learned chief judicial magistrate, kathua for offence ..... respondent/complainant before the learned district judge, kathua, she had prayed besides decree of divorce, decree in terms of section 27 of the hindu marriage act in respect of dowry articles, which the learned district judge, kathua came to ignore while passing decree for divorce between the parties; that when ..... her complaint instituted before learned chief judicial magistrate, kathua, the respondent/complainant has alleged that she was married to petitioner/accused in accordance to hindu rites and ceremonies; that at the time of marriage, the parents of the respondent/ complainant gave her as well to the petitioner/ accused .....

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Sep 10 2007 (HC)

Sonaullah Dar and ors. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ634

..... of this court in the lien of cases starting with rudul shah v. state of bihar : 1983crilj1644 granted monetary relief to the victims for deprivation of their fundamental rights in proceedings through petitions filed under article 32 or 226 of the constitution of india, notwithstanding the rights available under the civil law to the aggrieved party where the courts found that ..... the damage done by its officers to the fundamental rights of the citizen, notwithstanding the right of the citizen to the remedy by way of a civil suit or criminal proceedings. the state, of course, has the right to be indemnified by and take such action as may be available to it against the wrongdoer in accordance with law through appropriate ..... human rights and values.18. therefore, i as the magistrate of enquiry recommend the immediate dismissal of these accessed persons who committed this dastardly act. this should further be followed up with the initiation of criminal proceedings against them and every effort should be made to ensure that justice is done and maximum possible punishment under the law of the land is ..... developing separate public law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in private law. some of those .....

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Dec 18 1990 (HC)

Ranbir Singh Vs. General Court Martial and anr.

Court : Jammu and Kashmir

Reported in : 1991CriLJ2850

..... decided to alter the sentence after confirming the conviction of the petitioner.21. under the circumstances the writ petition is disposed of by upholding the proceedings of the general court martial and conviction of the petitioner under section 302 r.p.c. we, however, modify the sentence awarded to the petitioner ..... reassembled, the accused submitted, 'i have discussed my case with the defence counsel and the defending officer and prepared my defence. i wish to proceed with the present defence counsel mr. ajit singh engaged by the convening authority to represent me at the trial as i have full faith in ..... we have heard learned counsel for the parties and perused the record.5. learned counsel appearing for the petitioner submitted that whole of the proceedings of the gcm were liable to be quashed as the same were allegedly illegal and against the rules and conducted with a prejudiced mind. ..... confirming authority or upon the central government, to give reasons in support of its decision to confirm the proceedings of the court martial. after considering the provisions of section 63 of the army act, the supreme court held, 'apart from any requirement imposed by the statute or statutory rule, expressly or ..... and sentenced to suffer death by being hanged by neck till he is dead. the proceedings of the gcm are sought to be quashed on the grounds of violation of the provisions of the army act and the rules framed thereunder. it is prayed that after setting aside the conviction and sentence .....

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