Court : Gujarat
Reported in : AIR1972Guj280; (1972)0GLR23
..... of the allahabad high court held that that valuation was of no consequence and it proceeded to consider the question as it the claim was incapable of monetary valuation. the learned judges considered section 28 of the hindu marriage act which obviously took them to the consideration of section 21 of the bengal. agra and ..... of pecuniary valuation and it could not be said that it exceeded any sum of money. consequently, the appeal from an order passed in a proceeding started on the petition lay to this court. it would lie to the court of the district judge only if it could be predicated that the ..... a comparison of the provisions of section 8 with the provisions of section 24 makes it quite clear that whereas in respect or original suits and civil proceedings a civil judge (senior division) is the repository of all residuary jurisdiction, in case of appeals it is the district court which is the repository ..... the question. all the decision except one are under the hindu marriage act. they indeed go to a greater or lesser extent to support and fortify the proposition which i am laying down. in gangadhar rakhamaji v. manjula gangadhar, 61 bom lr 442 = (air 1960 bom 42) a division bench of the high court ..... of bombay was considering section 28 of the hindu marriage act, 1955 and section 8 of the bombay act. in that case, the husband had filed a petition for divorcee or in the .....Tag this Judgment!
Court : Gujarat
Reported in : I(2002)DMC7; (2001)2GLR1391
..... at ahmedabad (rural) at mirzapur. the parties present in the court are directed to remain present before the said court on 6-2-2001 for proceeding further in the said appeal, which may be filed by the appellant in that court in accordance with law. if the memo of appeal is presented ..... to dismiss the said petition of the present appellant filed under section 13(1)(a) and under section 13(1)(b) of the hindu marriage act, 1955 (for short 'the act') for getting divorce against the present respondent on the grounds of cruelty and desertion. 2. the appeal was admitted on 4-10-2000 ..... have perused the papers. at the commencement of argument, a preliminary objection was raised about maintainability of the appeal. 3. it is clear that the hindu marriage petition filed by the present appellant was dismissed by the learned second extra assistant judge, ahmedabad (rural), mirzapur, the question is whether the appeal ..... in section 16 of the bombay civil courts act, 1869 read with section 28 of the said act. 4. so far as section 28 of the said act is concerned, it is positively made clear therein that all decrees made by the court in any proceedings under the act shall, subject to the provisions of sub- ..... section (3), be appealable as decrees of the court made, in exercise of the original civil jurisdiction of the appellate court. 5. therefore, we will have to turn to the provisions made in section 16 of the bombay civil court act, .....Tag this Judgment!
Court : Gujarat
Reported in : (1984)2GLR1222
..... court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall be ..... civil court which may be specified by the state government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act.6. mr. bhatt submitted that so far as the provisions of hindu marriage act and the proceedings thereunder are concerned, an assistant judge would indeed be a district judge under section 3(b) of the ..... of civil judge (senior division) and states that a civil judge (senior division) in addition to his ordinary jurisdiction shall exercise a special-jurisdiction in respect of such suits and proceedings of a civil nature as may arise within the local jurisdiction of the courts in the district presided over by civil judges (junior division) and wherein the subject matter exceeds ..... 's submission in greater details because this question has been fully considered and decided by a division bench in the case of gangadhar rakhamji v. manjulal gangadhar a.i.r. 1960 bombay, 42. the appeal bearing no. 234 of 1958 was decided on 29-10-1958, and therefore, the ratio of the above judgment is binding to this court. gangadhar rakhamji .....Tag this Judgment!
Court : Chennai
Reported in : (1999)156CTR(Mad)538; 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!
Court : Kolkata
Reported in : (1980)14CTR(Cal)172,123ITR216(Cal)
..... , 1974, on, inter alia, the following grounds :(a) conditions precedent necessary to confer jurisdiction on the wto to initiate the proceedings under section 17 of the w.t. act, 1957, were not in existence for issue of the said impugned notice. (b) no wealth of the family chargeable to tax ..... shares are not frequently quoted in the stock exchange the wto was not justified in adopting a different method of valuation and initiating reassessment proceedings on such basis.24. for the reasons aforesaid, the petitioner succeeds in the instant case. a writ in the nature of certiorari will ..... the stock exchange. there is no such finding in the instant case.23. in the instant case, it appears that the wto initiated reassessment proceedings by mechanically following the directions in the letter dated the 26th march, 1974, written by the ito, special investigation branch. the said letter ..... submit a compliance report. the wto had no other alternative after this letter but to follow and carry out the instructions given and as such the impugned proceedings were wholly vitiated. in support of his contentions, the learned advocate for the petitioner cited the following decisions :(a) cit v. simon carves ltd. ..... affidavit that the shares of the said company had been regularly quoted in the stock exchange in calcutta since 1960 and at each assessment of the petitioner under the w.t. act the said shares had been assessed according to relevant market quotation. it is stated further that from the disclosure .....Tag this Judgment!
Court : Delhi
..... the trial court, since insanity is a statutory ground for obtaining divorce under the hindu marriage act, 1955. s.b. sinha, j held that article 20(3) was anyway not applicable in a civil proceeding and that the civil court could direct the medical examination in exercise of its inherent ..... (2003) 4 scc 493. in that case, the contention related to the validity of a civil court's direction for conducting a medical examination to ascertain the mental state of a party in a divorce proceeding. needless to say, the mental state of a party was a relevant issue before ..... of each particular case. (underlining supplied) 129. it is equally important to bear in mind that in a given case there could be valid apprehensions and genuine reasons for the non- cooperation and the refusals to supply the bodily sample. individuals have different sensibilities. non-cooperation or refusal ..... is important to notice the valuable dissents in judicial pronouncements even in jurisdictions where mandatory or involuntary testing has been held to be constitutionally, valid and statutorily permissible. it is not possible to notice all opinions herein but reference to some of these judicial opinions is necessary. 45. the ..... is no 8 trial judge's first step should be a preliminary assessment of whether the testimony's underlying reasoning or methodology is scientifically valid; whether it properly applies to the facts in issue; whether the theory/technique stands tested; stands subjected to peer review and publication; .....Tag this Judgment!
Court : Punjab and Haryana
..... 1955, is being referred to a larger bench as would be seen from the paragraph following hereinafter, she would not be presently proceeded against under the said provisions (section 18 of the hindu marriage act 1955 only), till the matter is decided by the larger bench.46. such like petitions, seeking protection to couples who have run away from home and got married ..... it void in terms of any provision of the hindu marriage act, 1955, nonetheless that does not absolve those who performed the marriage or those who abetted such performance, from being proceeded against by a competent person or authority, for violation of the provisions of the said acts.42. however, it is made clear that the validity of the marriage of the petitioners in the ..... violation of section 3 of the prohibition of child marriage act is not an offender either under section 9 of the act or under section 18 of the hindu marriage act and so she is not a juvenile in conflict with law. ix. while considering the custody of a minor girl in a habeas corpus proceeding, the court may take into consideration the principles embodied ..... first petition is only being commented upon by this court in terms of the specific provisions of the acts of 1955 and 2006, as .....Tag this Judgment!
Court : Delhi
..... respondent did not have the equal bargaining power while signing the agreement and, therefore, the contract is vitiated. ms. rajkotia submits that a pre-nuptial agreement is also not valid under the hindu marriage act. this agreement was signed only to deprive the respondent of her right to maintenance, property etc. under indian and illinois family law. the respondent is, thus, denied of ..... courts concerning the custody of minor child adithya are null and void and without jurisdiction. rather it transpires from the counter- affidavit that initially respondent 6 initiated the proceedings under the guardians and wards act, 1890 but later on withdrew the same.35. the facts and circumstances noticed above leave no manner of doubt that merely because the child has been brought ..... be in the best interest of the children would require a full and thorough inquiry, and that the high court should have directed the writ petitioner/ father to initiate appropriate proceedings in which such an inquiry could be held.98. in aviral mittal (supra), the decision of the high court was primarily based on considerations, such as, intention of the parties ..... interim order passed initiated by respondent 1 is only of an interim nature with a view to return the child to the jurisdiction of the said court . (emphasis supplied) the proceedings in v. ravi chandran (supra) 64. in this case, the husband dr. v. ravi chandran was an american citizen who married the respondent an indian citizen in tirupathi, andhra .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32
..... the impression that the documents dated 2nd july 1989 and 3rd april, 1989 were clearly got up for the purpose of evading the claim of the wife in the proceedings under hindu marriage act. as far as the retirement deed dated 2nd july, 1989 is concerned, the learned trial judge has commented upon the fact that the husband -- a partner in a petrol ..... case, reported in air 1925 bom 425.26. similar, the karnataka high court has, in the case of c sannaiah v. smt. padma reported in : air1983kant114 , heldthat in proceedings filed under the hindu marriage act for divorce or judicial separation or for restitution of conjugal rights, the respondent in addition to opposing the claim made by the petitioner, is entitled to make a ..... be disposed of on merits.29. shri bhatia did suggest that in view of the provisions of clause (b) of section 4 of thehindu adoptions and maintenance act, 1956, the proceedings under section 24 of the hindu marriage act, 1955, were not at ail maintainable. it was tried to be contended that an application for maintenance must necessarily fall under section 18 of the ..... then contended that even pending an application under order 9, rule 4 of the code of civil procedure for restoration of mathura petition, the wife could initiate proceedings under section 24 of the hindu marriage act. he has invited my attention to three judgments, viz. judgment of this court in the case of shri ramesh h. jadhwani v. smt savita ramesh jadhwani, reported .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : (1992)IILLJ559AP
..... i) read with section 11 of the hindu marriage act. if either party to the marriage files an application under section 11 for the declaration that the marriage is a nullity and the same is being considered by competent civil court, no disciplinary proceedings should be proceeded with pending decision of the competent civil court on the validity of the said marriage. a marriage solemnized ..... him to submit, in writing, his explanation and defence. the authorities have not submitted all the reports which were gathered by them in respect of second marriage and, therefore, entire proceedings are vitiated. 8. certain basic facts should be kept in mind dealing with this contention. the fact that the petitioner married smt. nirmala on april 8, 1985 is admitted. o ..... the adverse reports, and therefore, requested for withholding the contemplated action. it was specifically pleaded therein by the petitioner that if still the authorities are not satisfied and want to proceed in the matter, he may be allowed to retire prematurely to avoid further inconvenience and embarrassment. however, the authorities passed the impugned order terminating his services by an order no ..... there is no prohibition from the proceedings with the same. in my opinion, the authorities, proceeded with the disciplinary proceedings in accordance with the law and it is not vitiated nor, is it contrary to the regulation 333(c)(b) and (c) of the regulation made under the army act. 11. in r. k. pathik, v. m. s. pawar, 1986 (3) s.l. .....Tag this Judgment!