Court : Delhi
Decided on : Oct-09-2007
Reported in : I(2008)DMC45
..... on application, be given by the register on payment to him of the prescribed fee.(5) notwithstanding anything contained in this section, the validity of any hindu marriage shall in no way be affected by the omission to make the entry.8. rule 3 framed in the year 1956 is to ..... drawn by the respondents that both the spouses have to be physically present before the registrar and satisfy him through declarations that the marriage is a valid one; besides they have to disclose other particulars. the declaration sought apart from details such as name, age, relationship of the parties before marriage ..... in form a. the form reads as follows:form `a'(see rule 3)application for registration of a marriage under section 8 of the hindu marriage act, 1955 (central act 25 of 1955) 1. name and percentage of parties. ______________(husband)s/o ________________(wife)2. age of date of birth ________________(husband) ..... be registered compulsorily in terms of the act. of course judgments of the supreme court have directed that all marriages in india ought to be registered. but that apart the status of such unregistered marriages has not been spelt out - the requirements of a valid hindu marriage are provided under section 5. ..... contravened any of the provisions of section 5 or not and whether such a declaration is valid or not is not a matter which can only be gone into by the courts. the court in such proceedings cannot in any manner be bound by the declaration made before the registrar or withheld .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-01-2007
Reported in : AIR2007Kant133; ILR2007KAR3029; 2007(6)KarLJ239
..... the husband filed a divorce petition against the wife under section 12(1)(b) and section 13(1)(iii) of the hindu marriage act, 1955, on the ground of unsound mind. in divorce proceedings the husband filed an application seeking direction for medical examination of the wife. the wife opposed the application on the ground ..... compel a person who is not a party to the proceedings to give blood samples. further no adverse inference can be drawn against any of the parties to the suit in the event of smt. geetha reddy ..... by obtaining blood samples of plaintiff, defendant no. 4 and his wife, smt. geetha reddy. admittedly smt. geetha reddy is not a party to the proceedings. there is no evidence on record to show that smt. geetha reddy has voluntarily agreed to give her blood sample. under the circumstances the court cannot ..... further contends that under the impugned order it is directed to draw the blood sample of smt. geeta reddy who is not a party to the proceedings and as such the same is bad in law. he contends that the document produced by the plaintiff prima-facie establishes that she is the daughter ..... a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under section 112 of the evidence act;iv. the court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Aug-27-2007
Reported in : (2008)113TTJ(Ahd.)1018
..... basis of valuation report of the dvo procured by the ao during the course of proceedings under section 147 of the act for asst. yr. 1997-98, can be held to be valid proceedings in the eyes of law and, consequently, can the subsequent proceedings also be held to be valid 2. whether, in the facts and circumstances as well as in law, the rejection of ..... basis of valuation report of the dvo procured by the ao during the course of proceedings under section 147 of the act for asst.yr. 1997-98, can be held to be valid proceedings in the eyes of law and, consequently, can the subsequent proceedings also be held to be valid question no. 2. whether, in the facts and circumstances as well as in law, the ..... under: 1. whether, in the facts and circumstances of the case and in law, the proceedings initiated under section 147 of the act, for asst. yr. 1997-98, can be held to be valid proceedings in the eyes of law and, consequently, can be subsequent proceedings also be held to be valid 2. in case, the answer to question no. 1 above, is in affirmative, then ..... no. 1. whether, in the facts and circumstances of the case and in law, the proceedings initiated under section 147 of the act for asst. yr. 1997-98, can be held to be valid proceedings in the eyes of law and consequently, can the subsequent proceedings also be held to be valid question no. 2. in case, the answer to question no. i above, is in .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-01-2007
Reported in : 138CompCas204(Guj); 79SCL47(Guj)
..... of funds to subsidiaries by giving interest free loans is concerned, in the opinion of this court, the objection cannot be considered in these proceedings. the act of the board of directors or the management of core have nothing to do with the present scheme. it is also to be noted that ..... two undertakings to cover certain possible lacunae.54.1 from the observations made by the chancery division, it would be clear that the meeting was validly held because there was only one class of creditors. whilst those summoned to attend the meeting had different types of insurances, given the nature of ..... claims held by those who voted represented a substantial portion of those entitled to vote.the chancery division held as under:(1) the meeting was validly held because there was only one class of creditors. whilst those summoned to attend the meeting had different types of insurance, given the nature ..... ,928.10 against33011.816.459.58dena bank13,833.11oman international bank12,570.80lic15,412.54 invalid votes2n.a.3,095.80total votes 12126,457.65total valid voting10123,361.85 (v) outcome of the meeting of class-b lenders of core healthcare limited was as under: class b lenders nos.% ..... 1995, involving investment of about rs. 600 crores for expansion of its existing facility and also diversification into manufacture of medical devices. the plan was validated by the board of directors, consultants, lenders and also appraised by all lenders while sanctioning the loans. based on the same, the company set .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-16-2007
Reported in : 2007(4)CHN842
..... or by statute. the law as to indemnity and contribution as between joint tortfeasors shall be enforceable by or against the crown and the law reform (contributory negligence) act, 1945 binds the crown. although the crown proceedings act preserves the immunity of the sovereign in person and contains savings in respect of the crown's prerogative and statutory powers, the effect of the ..... enable this country to fulfill the dream projected in the preamble of the constitution of india. therefore any abrogation of the fundamental rights must be strictly in conformity with law validly enacted by a competent legislature. therefore, the action of the state authorities in directing the police to open fire on the crowd that had gathered at nandigram cannot be said ..... . the entire population was living against the threat of illegal eviction from their land. the area is virtually littered with educational institutions (more than 17), muslim burial grounds and hindu mandirs. they apprehended that the multicultural way of life was about to be destroyed. conversely the rank and file including the leadership of the cpi(m) also got themselves organised ..... other cases, reported in 1979(2) clj 150 (para 15). the jurisdiction under sections 5 and 6 of the delhi police act has been extended to the whole of india by notifications dated 6.11.1956 and 21.04.1960. learned senior counsel, however, submits that even without the notifications cbi inquiry can be ordered. in a public interest litigation concerning .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-27-2007
..... shall be valued and assessed at its actual market value ); a compilation of the acts of the philippine commission, tit. 10, ch. 56, 336(a) (1908), lodging of respondent (doc. 4) ( [t]he board shall proceed to assess the value of each separate parcel of real estate and the improvements thereon ..... the assessment rate above market value. finally, the governor mistakenly argues that we owe deference to the guam supreme court s interpretation of its organic act. it may be true that we accord deference to territorial courts over matters of purely local concern. see pernell v. southall realty , 416 ..... but guam s attorney general refused to sign the necessary contracts, concluding that issuance would violate the debt-limitation provision of guam s organic act, which limits the territory s public indebtedness to 10% of the aggregate tax valuation of the property in guam, 48 u. s. ..... on the other hand, the organic act is a federal statute, which we are bound to construe according to its terms. iv for the foregoing reasons, we reverse the judgment of the guam supreme court and remand the case for proceedings not inconsistent with this opinion. it ..... , if any, at their true value in money ). footnote 4 the percentage of the valuation at which the various debt limitations were set likewise provides no basis for inferring that congress had different intentions for different territories. when the organic act .....Tag this Judgment!
Court : Delhi
Decided on : Sep-07-2007
Reported in : LC2007(3)214; 2007(35)PTC748(Del)
..... absence of specific evidence to the same effect, such damages can be granted.25. it is trite to say that the defendants have deliberately stayed away from the present proceedings with the result that an enquiry into the accounts of the defendants for determination of damages cannot take place. however, the infringement of the trademark of the plaintiff is ..... bears the registration numbers 430449b and 430450b respectively (ex. p8 and ex. p9). the plaintiff states that the said registrations have been renewed from time to time and are valid and subsisting. 5. it is stated that the plaintiff suffers incalculable damage to its intellectual property rights and business on account of various forms of copyright piracy. a brief ..... world-wide reputation and goodwill. defendants by unauthorisedly loading free software of the plaintiff from pirated cds, have undermined plaintiff's reputation and goodwill in the market. the infringing acts of the defendants have not only weakened the market position of the plaintiff but also caused bad image before its existing and potential customers.(c) exemplary damages- such damages ..... computer programme, as well as the supplementary user instructions and manuals, are 'original literary works' as contemplated under section 2(o) and section 13(1)(a) of the copyright act, 1957. the plaintiff is the owner of the said copyrights. the rights of authors of member countries of the berne and universal copyright conventions are protected under indian copyright law .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-12-2007
Reported in : RLW2007(4)Raj2689
..... to letter dated 13.12.2004 to demonstrate the non-cooperation of the petitioner in participating in the enquiry and to buttress his conclusion to proceed ex-parte against the petitioner. however, in the enquiry report nothing was stated about letter dated 13.1.2005 addressed to the government and ..... and soon after service of the charge- sheet and during the course of enquiry in communicating to the enquiry officer about existence of a valid divorce recognized by the customs prevalent in the community of the petitioner's husband. the enquiry officer or the disciplinary authority has declined to ..... in any violation of conduct rules.5. during the pendency of the enquiry she also reiterated before the enquiry officer after he has ordered to proceed ex-parte that she has submitted a decision of rawana rajput hitkarini panchayat sabha', barmer dated 5.1.1996 stating that the marriage of dr ..... customs. therefore, merely because there was no decree of the competent court granting a decree of dissolution of marriage under section 13 of the hindu marriage act cannot result in presumption that there is second marriage contacted by dr. sangat singh during subsistence of first marriage. no material was brought in ..... these facts were also corroborated by the sarpanch of the panchayat supporting customary divorce. the only gravamen of the charge was that divorce under hindu law is to be taken by the decree from the competent court alone but since according to explanation it is clear that no decree of .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : Mar-16-2007
..... authority. based on findings of inquiry officer, and after affording opportunity of hearing, impugned penalty was imposed upon him for just and valid reasons. the disciplinary authority passed detailed, speaking and analytical order. various proceedings for major as well as minor penalties were undertaken against him in the past as detailed under reply para 4.2. additional pws ..... denied.8. shri om prakash, learned counsel, relying upon rule 20 of said rules strenuously contended that provisions of code of criminal procedure or indian evidence act are inapplicable in departmental proceedings. even the standard of evidence is different. proving the charge beyond all reasonable doubt, as required in criminal trial, is not necessary in departmental ..... reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the disciplinary authority is entitled to hold that the delinquent ..... further, he seeks reinstatement in service with all consequential benefits including back wages, costs etc.2. admitted facts are that applicant appointed as constable in the year 1984 was proceeded for certain acts of misconduct under the provisions of delhi police (punishment & appeal) rules, 1980 (hereinafter referred as the rules). he was placed under suspension w.e.f. 29. .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT
Decided on : Dec-12-2007
Reported in : (2008)113TTJ(Bang.)281
..... penalty vide his order dt. 31st march, 2004. but the order is dt. 25th march, 2004 including the notice under section 156 raising a demand on the assesses covering penalty proceedings which is also dt. 25th march, 2004.3. the submission of the learned counsel for assessee shri lakshminarasimhan was that penalty has been imposed on the assessee without the approval ..... there was deliberate intention on the part of the assessee to show lower income. however, when it comes to imposing of penalty all that the ao states is that penalty proceedings have been initiated in a mechanical manner without pointing out what are those specific items with reference to which he intends or feels that resulted in concealment of income. he ..... of the authorities for imposing special audit under section 142(2a) of the act on the plea that the accounts of the assessee are superficial and simple with no complexity involved.further, the assessee has also challenged that the ao had not arrived at any satisfaction for initiation of proceedings for penalty for concealment of income.2. the learned counsel for assessee ..... , shri g. lakshminarasimhan, submitted that consequent to the assessment having been selected for scrutiny, the cit vide his order dt. 20th march, 2003 directed that the accounts of the assessee be audited with reference to the provisions of section 142(2a) of the act and a .....Tag this Judgment!