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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Year: 1968 Page 1 of about 73 results (0.098 seconds)

Feb 07 1968 (SC)

Udai Ram Sharma and ors. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-07-1968

Reported in : [1968]3SCR41

..... the limit of rs. 50/- per annum prescribed by the said act, and the validity of the imposition of any such tax shall not be called in question in any court;" (2)the hindu marriages (validation of proceedings) act, 1960 (act 19 of 1960) was passed to obviate the short comings in the hindu marriage act pointed out by the punjab high court in janak dulari v. narain ..... das (a.i.r. 1959 punjab 50). there the high court held that the court of an additional judge cannot be regarded as a principal court of civil jurisdiction within the meaning of the hindu ..... marriage act ..... and that a district judge to whom a petition under the act is presented cannot transfer it to an additional judge for trial. the object of the validation act was to validate all proceedings taken and decrees and orders passed by any of the courts specified in cl .....

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Jul 03 1968 (HC)

indumatiben Chimanlal Desai Vs. Union of India and anr.

Court : Mumbai

Decided on : Jul-03-1968

Reported in : AIR1969Bom423; (1969)71BOMLR340

..... permanent injunction and order both by themselves and by their agents and servants, from attaching, or continuing to attach, or from selling or dealing with or disposing or taking any proceedings relating to or from interfering with the plaintiff's rights in relation to the said property, being 'american view', situated at oomer park, bhulabhai desai road, bombay 26, or any ..... to sale which they are not entitled to do. the plaintiff contends that the defendants, had no right to attach or to continue the attachment of the said property in proceedings for recovery of income-tax due by her deceased husband. in the plaint, the relief prayed for is only for an injunction in the following terms: 'that the defendants be ..... similar question arose before allahabad high court in the case of paras ram v. janki bai, : air1961all395 (fb). in an appeal from an order under section 24 of the hindu marriage act, 1955 made by the civil judge. kanpur, the question arose whether in view of the fact that the subject-matter was incapable of monetary valuation, the appeal would lie to ..... residuary jurisdiction of the bombay high court on its original side.14. section 3 of the bombay city civil court act, 1948 provides that the city civil court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding rs.10,000/- in value and arising within the greater bombay except suits or .....

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Jul 26 1968 (HC)

Joginder Singh Vs. State

Court : Delhi

Decided on : Jul-26-1968

Reported in : 5(1969)DLT1

..... promtoe the main object of the legislature, it has been the practice to hold such provisions to be directory only, the neglect of them, though punishable, nto affecting the validity of acts done.'one finds some guiding principles in this behalf in certain decisions but the broad test is that one must try to get at the real intention of the legislature ..... would be liable in a given case to be quashed as illegal by the higher authorities, but this may nto necessarily mean that the magistrate has acted without jurisdiction, rendering the proceedings non-est. the power to proceed further may, in a way, be hampered but the inherent jurisdiction may seem still to vest in the magistrate. we have in this connection to ..... commanding the army, army corps, division or independent brigade in which the accused person is serving or such toher officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in military custody.' ..... or trial; section 190 provides for cognizance of offences by magistrates; section 207 for procedure in enquiries preparatory to commitment; section 207a for procedure to be adopted by magistrates in proceedings institued on police report and section 213 provides for orders of commitment by the commiting magistrate. these provisions show that jurisdiction is conferred on magistrates by the code of criminal .....

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Jan 12 1968 (HC)

Dr. H.T. Vira Reddi Vs. Kistamma

Court : Chennai

Decided on : Jan-12-1968

Reported in : AIR1969Mad235

..... violation of section 100, c.p.c., the bench reversed that finding. in jivubai v. ningappa, air 1963 mys 3 again in a second appeal, arising out of proceedings under the hindu marriage act, it was held that the high court cannot interfere with questions of fact in view of the provisions of section 100, c.p.c. these are all cases in ..... such uncorroborated testimony, even in cases where adultery or any other matrimonial offence is alleged, the offence complained of should be proved beyond reasonable doubt. undoubtedly, a matrimonial proceeding is an ordinary civil proceeding. but as it involves the disruption of a marital tie, law imposes a stricter degree of scrutiny of the evidence, if uncorroborated. such corroboration is demanded as ..... that the inference made by trial judge is not justified' '. 9. i shall now consider the truth of the episode of 30th june 1958 .................................... (after discussing the facts, his lordship proceeded):-- 10. learned counsel for the respondent. mr. t. k. rajagopalan, invited our attention to some of the decisions and contended that the party who seeks relief, whether under section ..... witnesses and the way in which evidence was given by them. it may be useful to extract the following observations of the supreme court in radha prasad v. gajadhar singh, : [1960]1scr663 where the supreme court has specifically dealt with the power of the appellate court in the matter of appreciation of evidence and interference with the finding of fact: 'this .....

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Jan 12 1968 (HC)

H.T. Vira Reddi Vs. Kistamma

Court : Chennai

Decided on : Jan-12-1968

Reported in : (1969)1MLJ366

..... violation of section 100, civil procedure code, the bench reversed that finding. in juvubai v ningappa a.i.r. 1963 mys. 3, again in a second appeal, arising out of proceedings under the hindu marriage act, it was held that the high court cannot interfere with questions of fact in view of the provisions of section 100, civil procedure code. these are all cases in which the ..... weigh such uncorroborated testimony. even in cases where adultery or any other matrimonial offence is alleged, the offence complained of should be proved beyond reasonable doubt. undoubtedly, matrimonial proceeding is an ordinary civil proceeding.. but as it involves the disruption of marital tie, law imposes a stricter degree of scrutiny of the evidence, if uncorroborated. such corroboration is demanded as a ..... the inference made by the trial judge is not justified.(after analysing the evidence and holding that the respondent's version of the case could not be accepted his lordship proceeded : )11. learned counsel for the respondent, mr. t. k. rajagopalan, invited our attention to some of the decisions and contended that the party who seeks relief, whether under section ..... and the way in which evidence was given by them. it may be useful to extract the following observations of the supreme court in radha prasad v. gajadhar singh : [1960]1scr663 at 118, where the supreme court has specifically dealt with the power of the appellate court in the matter of appreciation of evidence and interference with a finding of .....

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Apr 03 1968 (HC)

ittyanath Madathil Madhavi Vs. Sree Rama Varma

Court : Kerala

Decided on : Apr-03-1968

Reported in : AIR1969Ker256

..... counsel where letters of administration were refused, are distinguishable. saiyid abdullah khan v. saiyid basharat husain (sic) 42 ind cas 737=(air 1917 lah 442) proceeded on agreement by counsel that it was unnecessary to grant letters of administration. in prosonno kumari debi v. bam chandra singha (1912) 17 ind cas 155 ..... of the assets specified in annexure to the petition. no question of adjudication of title in respect of the assets in annexure a arises in these proceedings. the caveator is in no way prejudiced by the grant10. the objection that there is no need sor any administration of the estate and therefore, ..... to the petition and praying for letters of administration in respect of the items covered by the annexure.7. that it is not usual in these proceedings to decide the question of title in respect of the property dealt with by the will is a proposition that is not disputed. as early as ..... whether the question of the objector's adverse or paramount title to the assets mentioned in annexure a to the petition can be gone into in these proceedings?4. on 30-1-1968, c. m. p. no. 1140 of 1968 was filed by the caveator praying that all issues except issues 4 ..... such corporation sole?15. whether the palleera muthalpidi estate is stanam property of the ruler of cochin. if so does the stanam exist after the hindu succession act and whether the objector can maintain the objection in the form put forward in the objection.16. whether the nithyachilavu muthalpidi and the funds administered .....

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May 02 1968 (HC)

Commissioner of Wealth-tax, West Bengal Iii Vs. Hall and Anderson Ltd.

Court : Kolkata

Decided on : May-02-1968

Reported in : [1968]69ITR534(Cal)

..... year and, therefore, there could be no valuation date for the wealth-tax assessment for 1957-58.the provisions of section 2(11) of the income-tax act, 1922, were considered by the supreme court in esthuri aswathaiah v. commissioner of income-tax, and the supreme court held, inter alia :'(i) that the ..... income-tax officer may think fit to impose;.....'mr. s. mukherjee, learned counsel for the department, submitted that under section 2(q) of the wealth-tax act, the 'valuation date' would be the end of the previous year for the purpose of assessment to income-tax. if an assessment of income-tax could ..... the 30th june, 1956, and not on the 31st march, 1957. now, since the 30th june, 1956, falls outside the period when the wealth-tax act came into force, no assessment could be made on the assessee in respect of the assessment year 1957-58. accordingly, the tribunal dismissed to this court by ..... should actually be made or contemplated.... the crucial words used in the definition of valuation date are : if an assessment were to be made under that act for that year. in the instant case the income-tax assessment for 1957-58 was not made solely to avoid hardship to the company resulting from double ..... 1st day of april, 1957, in respect of the net wealth of the corresponding valuation date of every individual, hindu undivided family and company at the rate or rates specified in the schedule to the act. section 2(q) defines 'valuation date' in relation to any year for which an assessment was to be .....

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Aug 05 1968 (SC)

G.E.C. (P) Ltd., Naini, Allahabad Vs. the Labour Court, Allahabad and ...

Court : Supreme Court of India

Decided on : Aug-05-1968

Reported in : AIR1969SC235; [1969(18)FLR159]; (1969)ILLJ770SC; [1969]1SCR543

..... presided over by the district magistrate of the area. representatives of the management and the workmen, attended the said meeting. the proceedings of the meeting show that the advisory committee decided to appeal to the appellant not to take any action against the workers, ..... manager, on april 24, 1964. after referring to the conduct of the inquiry proceedings, shri gupta has stated that the thirteen workmen are guilty of participation in an illegal strike ..... due notice had been given, under the provisions of the act- they also denied having intimidated, or restrained, any willing worker from going to work. they further stated that they had not committed any misconduct. the management proceeded to conduct an inquiry, against the thirteen workmen, and sri ..... k. d. gupta, an officer of the company, was entrusted with the conduct of the said inquiry. shri gupta accordingly conducted an enquiry on april 20, 1964, and sent his report to the acting works ..... act of the management, when it imposed a punishment, for misconduct, under the standing orders of the company.15. mr. r. vasudeva pillai, learned counsel for the union, has supported, in full, the award of the labour court.16. we are not impressed with either of the contentions, of the learned counsel for the appellant. we have already referred to the proceedings .....

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Apr 15 1968 (HC)

Ahmedabad Municipal Corporation Vs. Joitaram Ganesh and anr.

Court : Gujarat

Decided on : Apr-15-1968

Reported in : (1969)10GLR431

..... lordships laid down the final ratio as regards the objection which could be raised before an executing court in the following words at page 200:the validity of a decree can be challenged in execution proceedings only on the ground that the court which passed the decree was lacking in inherent jurisdiction in the sense that it could not have seizin of ..... have been a point regarding the nullity of a decree and could be raised before the executing court. in the present case, however, this point proceeded on an assumption that sections 85 and 85a of the tenancy act applied to the suit lands. in fact, as we have mentioned, this point was vehemently contested by the corporation. the corporation claimed exemption from ..... parties. their lordships, however, added that it is a general principle to which there are well-recognized exceptions. their lordships considered the scheme of section 11 of the suits valuation act and in sections 21 and 99 of the civil procedure code. at page 342, their lordships made the following pertinent observations:the policy underlying sections 21 and 99, c.p.c. and ..... corporation, however, vehemently contended that the corporation lands leased to the respondents and which were situated in the corporation limits, were exempted from the provisions of the tenancy act and the tenancy act did not apply to the suit lands and that the said decree of the mamlatdar's court was legal and proper. it appears that ultimately this suit was compromised .....

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Oct 15 1968 (SC)

Mahadeo Vs. Shantibhai and ors.

Court : Supreme Court of India

Decided on : Oct-15-1968

Reported in : 1970(0)BLJR721; [1969]2SCR422

..... the effect that the state government was pleased to constitute the tribunal as specified below for the purpose of section 73 of the madhya pradesh improvement trusts act, 1960, for acquisition of land at ujjain.president shri m. c. joshi, advocate, ujjain.assessors. 1. shri chand narayan rajdan,retired traffic superintendent agar ..... him that the appellant held the post of the president-member of a tribunal constituted under section 73 of the madhya pradesh town improvement trust act, 1960.5. the first alleged disqualification is based on a letter of appointment dated february 6, 1962 addressed by the chief commercial superintendent to the ..... western railway administration;(ii) his holding the post of the president-member of a tribunal constituted under section 73 of the m.p. town improvement trusts act, 1960;(iii) his holding the office of professor of law in the madhav college, ujjain on regular salary of rs. 250 p.m.; (b) if ..... of the railway administration, give them timely intimation of cases in which they were involved and on his own initiative apply for an adjournment in proceedings in which the railway had made no arrangement for representation. it is true that he would get a sum of money only if he appeared ..... any particular case are received by you, you will be expected to appear in the court and obtain an adjournment to save the ex-pane proceedings against this railway in the court. you will be paid rs. 5 for every such adjournment if you are not entrusted with the conduct of .....

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