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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: kerala Year: 1966 Page 1 of about 1 results (0.029 seconds)

Mar 18 1966 (HC)

T.J. Poonen Vs. Rathi Varghese

Court : Kerala

Decided on : Mar-18-1966

Reported in : AIR1967Ker1

..... therefore, a contention was taken before the supreme court that the said decree must be treated as a nullity absolutely void and having no validity whatsoever. in dealing with that contention, their lordships of the supreme court proceed to state that if a court having jurisdiction over the subject-matter and the party, passes a decree, it cannot certainly be treated as ..... in the exercise of power by this court under section 116, c. p. c., we are dealing with the matter a little more elaborately for this reason, because the proceedings in question were initiated before the district court under the act, and one of the questions that has been adjudicated by the district court and which arises for consideration in these ..... not enable the learned counsel for the petitioner to establish that the order itself should be treated as nullity. notwithstanding the mandatory provisions contained in section 8 of the limitation act, and notwithstanding that the supreme court is of the view that a decision rendered ignoring those provisions amounts to an illegality, nevertheless their lordships of the supreme court, in ..... learned district judge is that the place where the revision petitioner and the respondent last resided together was trivandrum, in which case, under section 3, clause (3) of the act the trivandrum district court has got jurisdiction to entertain the original petition filed by the respondent, in that connection the learned district judge has also referred to several decisions, to .....

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Oct 19 1966 (HC)

Sheikriyammada Nalla Koya Vs. Administrator, Union Territory of Laccad ...

Court : Kerala

Decided on : Oct-19-1966

Reported in : AIR1967Ker259

..... ordered by the collector of malabar on 30-5-1947 (ext. p-l). petitioner thereafter moved for actual division of the properties. the proceedings were transferred to the administrator's file and the administrator while ordering thedivision directed that in accordance with the custom of the island, the properties ..... mr. merrill t. schnebly, an american writer. said: 'restraints keep the property out of commerce, and tend toward a concentration oi wealth ........ a valid restraint makes itpractically impossible for the present owner of property to consume it; the most that he can spend is the income derived from it. there ..... generated. the custom pleaded here has in several instances been recognised by the courts in the island. besides, parties in several instances have proceeded under the compulsion of a conviction that such a custom exists. although petitioner's counsel submitted in his opening argument that the evidence in ..... to render the restriction reasonable and in the interest of general public within article 19(5) ...... . . under section 15of the act, particularly after the amendment effected by act x of '1960, the right of preemption is confined to the members of the family of the vendor, i. e.. those who would have ..... court will not enforce a custom, if it is shown that the custom is unreasonable or opposed to public policy. in mayne's treatise on hindu law and usage, 11th edn., pages 66 and 67. the learned author states: 'customs which are immoral or opposed to public policy or .....

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