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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: supreme court of india Year: 1985 Page 1 of about 10 results (0.148 seconds)

Sep 04 1985 (SC)

Balram Singh Vs. Bhikam Chand JaIn and ors.

Court : Supreme Court of India

Decided on : Sep-04-1985

Reported in : AIR1985SC1726; 1986CriLJ19; 1985(2)Crimes731(SC); 1985(2)SCALE1387; (1985)4SCC246

..... , 1984 that in view of the said assurance, no useful purpose was likely to be served by allowing the prosecution launched by the respondent against the contemnors to proceed and accordingly quashed the proceedings in criminal case no. 195 of 1980 pending in the court of the judicial magistrate, first class, sasaram.2. this necessarily implied that the contemnors would stop forthwith ..... 'balram septic tank', amounts to a gross violation of the said undertaking on the basis of which this court by its order dated february 20, 1984 quashed the pending criminal proceedings.6. learned counsel for the contemnors had given an undertaking assuring the court that the caption or legend 'design invented by shri bhikam chand jain' would be deleted forthwith and ..... rightly complains, this necessarily implied that the contemnors would stop forthwith their objectionable activities of manufacturing and selling the patented septic tank to the prejudice of the respondent. their further act in publishing the said advertisement in the hindi daily the 'sagar saroj' on june 7, 1984 was in breach of the said undertaking given by them. the respondent had in ..... to the spirit of the order passed by this court dated february 20, 1984 on the solemn undertaking given by their counsel have been guilty of contumacious conduct and their act in publishing the said notice dated april 19, 1984 in the hindi daily the 'desh bandhu' in contradiction of the notice dated april 17, 1984 published in the same newspaper .....

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Mar 12 1985 (SC)

Pratibha Rani Vs. Suraj Kumar and anr.

Court : Supreme Court of India

Decided on : Mar-12-1985

Reported in : AIR1985SC628; 1985CriLJ817; 1985(1)Crimes614(SC); [1985]155ITR190(SC); 1985(1)SCALE458; (1985)2SCC370; [1985]3SCR191

..... reports as they do not and indeed cannot disclose a cognizable offence under section 406. the petitioners, therefore, seek the quashing of the proceedings forthwith rather than being obliged to go through the tortuous mill of a police investigation or the consequent criminal trial.25. now apart from ..... in the complaint are palpably absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused; (3) where the discretion exercised by the magistrate in issuing process is capricious and arbitrary having been based either on ..... in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused; (3) where the discretion exercised by the magistrate in suing process is capricious and arbitrary having been either on no ..... the property could only be claimed by filing a properly constituted civil suit or in accordance with the provisions of the dowry prohibition act or the hindu marriage act as the case may be. this proposition, in our opinion, is wholly incorrect as conceded even by the punjab & haryana high ..... much to be blamed because in the process of following precedents or decisions of doubtful validity of some courts, it tried to follow suit. it may be stated that even the old classic hindu law jurists and celebrated sages conceded certain substantial rights to the women, one of which .....

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Feb 14 1985 (SC)

J.R. Vohra Vs. India Export House Pvt. Ltd. and anr.

Court : Supreme Court of India

Decided on : Feb-14-1985

Reported in : AIR1985SC475; 1985(1)SCALE219; (1985)1SCC712; [1985]2SCR899; 1985(17)LC721(SC)

..... s order directing the issuance of warrant of possession in favour of the appellant-landlord herein and the further proceeding of putting him in possession of the suit premises in pursuance there of were valid and proper and ought not to have been quashed by the high court. however, since the high ..... practice and procedure required to be followed by the rent controller in proceeding before him and it mainly provides that subject to any rules that may be made under the act the controller shall, while holding an inquiry in any proceeding before him, follow as far as may be the practice and procedure ..... the appointed agency will place the landlord in vacant possession.(emphasis supplied).it is thus clear that the object of incorporating section 21 in the act is to provide a special procedure that will ensure to the landlord vacant possession of the leased premises forthwith at the expiry of the fixed ..... putting the landlord in possession.9. as far as the delhi rent control rules 1959 framed by the central government under section 56 of the act are concerned there is only one rule being rule 5 which merely provides for period of limitation by saying that every application for recovery of ..... refused but was got withdrawn for technical defect. the appellant also disputed that any notice to the tenant was contemplated by section 21 of the act before issuing the warrant for recovery of possession thereunder; he also pleaded that on the facts of the case the respondents had ample opportunity to .....

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May 08 1985 (SC)

K.C. Vasanth Kumar and anr. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : May-08-1985

Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352

..... trap of viewing the question as one of 'protective discrimination'. the question to which he addressed himself was 'is rule (13aa.) valid as protective discrimination to the harijans'. viewing the question in that light, he proceeded to utter some words of purported caution about the evils of reservation he said,a word of sociological caution. in the light of ..... promotees and direct recruits, degree holder and diploma holder engineers. [see all india station masters and asstt. station masters' assn. and ors. v. general manager, central railway and ors. : [1960]2scr311 s.g. jaisinghani v. union of india and ors. : [1967]65itr34(sc) and state of jammu & kashmir v. trilokinath khesa and ors. : (1974)illj121sc the question with which ..... determined on the basis of caste was, however, rejected. after the above decision was rendered by the high court, the state government constituted a committee on january 8, 1960 under the chairmanship of dr. r. nagan gowda for the purpose of determining the criteria for the classification of backward classes in the state with the following terms of reference ..... , castes or communities, considered socially inferior, child marriage persists to this day despite the child marriage restraint act and the hindu marriage act. despite the wisdom of legal pandits and learned text books on hindu laws proclaiming that saptapadi is essential to a vaid hindu marriage, most of the socially inferior classes rarely follow the rule; they have their own customs and rituals .....

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Dec 20 1985 (SC)

Prakash Amichand Shah Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Dec-20-1985

Reported in : AIR1986SC468; 1985(2)SCALE1437; (1986)1SCC581; [1985]Supp3SCR1025

..... in view of the above conclusion the court felt that the case should be placed before constitution bench for hearing the questions relating to the constitutional validity of the act. that is how the case is now before this constitution bench to consider the said questions.6. before taking up for consideration the contentions urged ..... board of appeal was right in holding that the appeal was not maintainable, he should be given leave to urge the grounds challenging the validity of the act. the learned judges who heard the appeal came to the conclusion that the high court was right in finding that the decision of the ..... high court however referred to the decision of this court in state of gujarat v. shri shantilal mangaldas : [1969]3scr341 , in which the validity of the act had been upheld. aggrieved by the judgment of the high court the appellant has filed this appeal by special leave.5. this appeal was heard ..... title and interest of the head lessee, i.e., nawab of belha spinning, weaving and . in an auction sale held in the course of liquidation proceedings of the said company. the appellant thus became the head lessee of the entire plot of land with the rights specified in the documents dated november 15, ..... to be in force in the state of gujarat even after the bombay reorganisation act 1960 came into force. under the act every local authority as defined under section 2(4) thereof was required by section 3 of the act to carry out a survey of the area within its jurisdiction and not later .....

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May 08 1985 (SC)

Lakshmi Charan Sen and ors. Vs. A.K.M. Hassan Uzzaman and ors.

Court : Supreme Court of India

Decided on : May-08-1985

Reported in : 1985(2)SCALE384; (1985)4SCC689; [1985]Supp1SCR493; 1986(1)LC104(SC)

..... officer is not required to communicate his decision to any person making claims and objections when taking decision under rules 21 and 21a of 1960 rules as the proceedings under rules 21 and 21a are taken under his suo moto power'.10. the writ petition has been filed by eight writ petitioners of ..... are enrolled as voters in the electoral roll of the west bengal legislative assembly. the validity of several provisions of the representation of the people act, 1950, the representation of the people act, 1951, the registration of electors rules, 1960, and the conduct of election rules, 1961 was challenged in the writ petition but ..... may be another reason for a registration officer for not strictly following the provisions of law in disposing the claims/objections inasmuch as 'the proceedings under rules 21 and 21 a of 19(0 rules are summary in nature having regard to the necessity of expeditious revision of electoral ..... examine the rolls as finally published on december 31, 1981. it is significant that none of these persons has filed any affidavit in the present proceedings in support of their complaint.3. in reply to a letter dated january 7, 1982 from shri a.k. sen, the commission advised him ..... , 1982 and shall be heard and hearing completed and order pronounced before the expiry of thursday, 25 february, 1982. the learned judge should proceed to hear the matter without considering any direction about production of the documents by the election commission or by any parties as that part of .....

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Mar 01 1985 (SC)

State of Orissa and ors. Vs. Titaghur Paper Mills Company Limited and ...

Court : Supreme Court of India

Decided on : Mar-01-1985

Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)

..... bamboo contract though during the course of hearing before us, it was raised with respect to the timber contracts also. before the high court the matter proceeded on the basis that the question of validity of the impugned provisions and of the exigibility to purchase tax of the transactions covered by the bamboo contract and the timber contracts were inextricably linked together ..... dealer within the meaning of that term as defined in clause (c) of section 2 prior to its being substituted with retrospective effect by the orissa sales tax (amendment and validation) act, 1979, which repealed and replaced the ordinance with the same title, is pending before this court in civil appeals nos. 1237-1238 of 1979 and 1420-1421 of 1979. whatever ..... was no convincing denial by the government of that assertion. the division bench then turned to the 'rules for gradation of cut sizes of timber' prepared and issued in october, 1960, by the indian standards institution which showed the word 'timber' was freely used for kinds of standard cut sizes for building purposes. the division bench also looked at indian airlines ..... goods, the high court proceeded upon the basis that what it had to consider was 'the stage when bamboo and salai wood have already been felled and appropriated'. by reason of the judgment of the high court, the definition of the term 'dealer' was amended with retrospective effect by the madhya pradesh general sales tax (amendment and validation) act, 1971, so as to .....

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Apr 29 1985 (SC)

Collector (District Magistrate) Allahabad and anr. Vs. Raja Ram Jaiswa ...

Court : Supreme Court of India

Decided on : Apr-29-1985

Reported in : AIR1985SC1622; 1985(1)SCALE1044; (1985)3SCC1; [1985]3SCR995

..... in bahu barkya thakur v. the state of bombay : [1961]1scr128 wherein it was held that 'any defect in the notification under section 4 is not fatal to the validity of the proceedings, particularly when the acquisition is for a company and the purpose has to be investigated under section 5a or section 40 necessarily after the issue of the notification under ..... much as it had been issued without first complying with the provisions of rule 4 of the land acquisition (companies) rules, 1963.2. acquisition proceedings are mala fide.3. notice under section 4(1) of the act was served upon the petitioner on 6 march, 1975 when only two days time was left for filing objections under section 5-a of the ..... writ petition no. 3174 of 1975 under article 226 of the constitution in the high court of judicature at allahadad questioning the validity of the notification dated february 6, 1975 issued under section 4(1) of the land acquisition act ('act' for short) as also a notice dated march 6, 1975 served upon him pursuant to the afore-mentioned notification. the impugned notification ..... the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.14. by land acquisition (u.p. amendment and validation) act viii of 1974, the section was amended to read as under :4(1) : whether it appears to the appropriate government and the collector that land in any locality is needed .....

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Oct 04 1985 (SC)

H. Anraj Vs. Government of Tamil Nadu

Court : Supreme Court of India

Decided on : Oct-04-1985

Reported in : AIR1986SC63; 1985(2)SCALE641; (1986)1SCC414; [1985]Supp3SCR342; [1986]61STC165(SC)

..... the purchaser must depend upon the intention of the parties, the mode of issuing such ticket and the rules governing the raffle scheme. even proceeding on the assumption that lottery tickets are contractual documents that fact cannot militate against the tickets being goods and certain rights thereunder being transferred to ..... ii in the seventh schedule of the constitution.34. having thus disposed of the main contention raised on behalf of the dealers, we shall now proceed to deal with the challenge to the exemption notification goms. no. 219 dated march 31, 1984 issued by the state government of tamil nadu ..... is in his possession or enjoyment it will not be actionable claim but a chose in possession. keeping the aforesaid aspects in view we proceed to consider the questions whether lottery tickets are goods properly so called or whether these are actionable claims24. counsel for the dealers contended that ..... as agents and stockiest of various lotteries organised by different states including the state of west bengal) challenged the validity of the aforesaid amendments made in the bengal finance (sales tax) act, 1941 whereunder sales tax has been levied on the sale of lottery tickets substantially on the ground that a ..... conferred upon a tenant having his super-structure on the land under section 9 of the madras city tenants' protection act 1921 as amended in 1955 and again in 1960 amounted to interest or right in property and the court was of the view that even if such an option were .....

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Jul 10 1985 (SC)

Olga Tellis and ors. Vs. Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Decided on : Jul-10-1985

Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51

..... enacted for the benefit of an individual and those enacted in public interest or on grounds of public policy.30. we must, therefore, reject the preliminary objection and proceed to consider the validity of the petitioners' contentions on merits.31. the scope of the jurisdiction of this court to deal with writ petitions under article 32 of the constitution was examined ..... forth by the government must be made good. in other words despite the finding recorded by us that the provision contained in section 314 of the b.m.c act is valid, pavement dwellers to whom census cards were given in 1976 must be given alternate pitches at malavani though not as a condition precedent to the removal of encroachments committed ..... ram v. state of u.p. : 1979crilj659 ; hussainara khatoon, i v. home secretary, state of bihar, patna : 1979crilj1045 , 537; hussainara khatoon, ii v. home secretary, state of bihar, patna [1960] 1 s.c.c. 81; sunil batra, ii v. delhi administration : 1978crilj1741 ; jolly george verghese v. the bank of cochin : [1980]2scr913 , 921-922; kasturi lal lakshmi reddy v. state ..... accorded by the state government to the resettlement of these unfortunate persons by alloting to them such land as the government finds to be conveniently available. the maharashtra employment guarantee act, 1977, the employment guarantee scheme, the 'new twenty point socio-economic programme, 1982', the 'affordable low income shelter programme in bombay metropolitan region' and the programme of house building .....

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