Court : Kerala
Decided on : Mar-09-2012
..... velayudhan asari (1992 (2) klt 553), is concerned, the learned single judge was dealing with a case where the respondents in a proceeding under section 24 of the hindu marriage act had been directed to pay maintenance and litigation expenses. the respondent husband was bound to pay rs. 200/- per month towards maintenance and ..... result in making such order wholly nugatory and ineffective. even in the absence of a provision in the hindu marriage act for striking off the defence in case one of the parties to the proceedings willfully refuses to comply with the order of the court, there is inherent power in the court to ..... the plain language of the above reproduced provisions makes it clear that the court's power to strike out any pleading at any stage of the proceedings can be exercised in either of the three eventualities ie. where the pleadings are considered by the court unnecessary, scandalous, frivolous or vexatious; or ..... defence of the appellant has been struck off and it is after appreciating evidence of the respondent inter alia as already stated the court has proceeded to pass an order giving permanent custody of the surviving son after the tragic death of the elder son to the respondent. learned counsel for ..... to its order, the court below would have been justified to strike off the defence, even if there is no such provision in the hindu marriage act." 9. we must bear in mind the distinction between the inherent power to strike off the defence and the power under order 6 rule 16 .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-05-2012
..... . this was confirmed in revision by the sessions judge, jullundur reiterating that the marriage could be dissolved only under the hindu marriage act, 1955. the high court of punjab, at the instance of teja singha, held that at the commencement of the proceedings for divorce before the court in nevada, teja was domiciled within that state in the usa and applying the old ..... that even if the foreign court did lack jurisdiction, by her participation and acquiescence, pursuant to the decree of divorce and having proceeded to seek further reliefs on the basis of such divorce, was estopped from denying the validity and binding nature of the decree of divorce and therefore, the learned counsel would submit that the reasons assigned by the trial court ..... representation, designed and intended to mislead and resulting in damaging deception. the english courts have by and large, come to adopt the same criteria as the american courts for denying validity to foreign decrees of divorce, though recent legislative changes have weakened the authority of archaic rules of english law. the apex court also expressed that the principles of american and ..... regular first appeal is filed under order xli rule 1 of the code of civil procedure, 1908, against the judgment and decree 2.4.2002 passed in o.s.no.1960/1983 on the file of the i additional city civil judge, bangalore, dismissing the suit for declaration and consequential relief of permanent injunction.)1. heard the learned counsel for the .....Tag this Judgment!
Court : Patna
Decided on : May-23-2012
..... of the court to continue with this proceeding under the domestic violation act. patna high court cr.misc. no.249 of 2011 (2) dt.23-01-2012 issue notice to opposite party nos. 2 and 3 under ordinary process as well ..... etc. must be filed within a period of one week, failing which this application as against them shall stand rejected without further reference to the bench. in the meantime, further proceedings in d.v. case no.10 of 2010, pending in the court of j.m.f.c., patna shall remain stayed. however, the matter may be referred to the high ..... filed before the trial court and he has already returned the materials as has been claimed from the side of the wife. an application under section 13-b of the hindu marriage act is also lying before the family court, patna bearing matrimonial case no. 300 of 2009. learned counsel for the petitioner submits that it is an abuse of the process .....Tag this Judgment!
Court : Chennai
Decided on : Apr-02-2012
..... no appeal could be preferred against the consent decree, but if any party was aggrieved that fraud has been committed in a proceedings under section 13(b) of hindu marriage act, a review could be possible. he would therefore request the court to dismiss the revision petition as not maintainable in law.8 ..... per the aforesaid judgment, it was argued that the revision preferred by the petitioner cannot be maintained since she was also a party to the proceedings.20. in the earlier paragraphs, i have discussed that this court is a supervisory court to monitor the lower courts regarding the compliance of ..... of the grounds indicated whether under sections 13 or 13-b of the hindu marriage act, 1955, for grant of divorce, the said doctrine can be applied to a proceeding under either of the said two provisions only where the proceedings are before the supreme court. in exercise of its extraordinary powers under ..... not be sufficient to ascertain the wishes of the parties. he would also submit that this court being a supervisory court watching over the proceedings of the lower court under article 227 of the constitution of india, the flaw in following the procedure as per law in passing the ..... by mutual consent was conceded. against the said order, the second petitioner before the lower court namely, the wife had filed this revision questioning the validity of the said order.5. heard mr.c.b.muralidharan, learned counsel for the revision petitioner/wife and mr.g.maheshkumar, learned counsel for the .....Tag this Judgment!
Court : Kerala
Decided on : Jun-19-2012
Reported in : 2012(3)KLT888
..... petition are true. 6. similar provision as section 13b of the hindu marriage act was introduced as section 10a in the divorce act and section 28 in the special marriage act. 7. section 23 of the hindu marriage act provides for a decree in the proceedings. it is provided in clause (bb) of sub-section (1 ..... divorce and they may collude together and get a decree of divorce easily by filing a petition under section 13b of the hindu marriage act. section 23 of the hindu marriage act is sufficient to contain such a situation, though it may not be easy for the court to find out whether there ..... result would be compelling unwilling parties to continue the marital relationship. certainly, that is not the purpose and object of section 13b of the hindu marriage act. for the aforesaid reasons, we allow the matrimonial appeal and set aside the order passed by the family court. we also allow the petition ..... respondent stated thus: 2. the present appeal was filed against the dismissal of a petition for divorce filed under section 13b of the hindu marriage act. the marital life existed between the appellant and me had been irretrievable broken down even before the time of filing of the original petition. ..... not want to remarry and the husband is not paying any maintenance to the wife, would not constitute a valid reason to dismiss a petition filed under section 13b of the hindu marriage act. the aforesaid factors are not sufficient to constitute collusion within the meaning of clause (c) of sub-section .....Tag this Judgment!
Court : Delhi
Decided on : Jul-10-2012
..... selection continued till an impossible combination has been reached or one of the members of the team declaresa word rather than seeking to add thereto. thereupon, the opposing team proceeded in a similar fashion. values, in terms of points, were given according to the length of a word successfully completed. in this case the court observed: onthe other ..... they are expressed or described in a right, are not copyrightable. 96. although, there is no copyright protection for an idea, concept, principles or discovery, there may be a valid copyright in an original form of expression of an idea, concept or discovery. it is equally true that a mere outline or theme is not copyrightable since it is only ..... nz) the appellant was the author, producer and compere of a television talent quest produced and broadcast in the united kingdom under the name opportunity knocksfrom the early 1960s until 1978. over the years he had developed a distinctive style built round the name of the production and his personality and each broadcast followed a standard form in ..... prime ministermartin belkina photographer journalistroma awasthia news reporternina myersa female chief of staff at ctu concerned about the marital problems that the protagonist is facing.menakalady jt. director at act - concerned about the marital problems that the protagonist is facing.mandystranger who meets the journalist under cover and impression of a coincidencesejwanistranger who meets the journalist under cover and .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-2012
..... , learned senior advocate appearing on behalf of the west bengal industrial development corporation, submitted that the court will first proceed with the presumption of constitutional validity of the statute. a state act can be declared unconstitutional and/or ultra vires the constitution in the following circumstances:a) when it is a piece ..... of list iii. similarly, in rajiv sarins case (supra) the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 list iii. in the case of jilubhai (supra) the supreme court also held ..... reforms fall within the schedule 7 list ii entry 18. he further submitted that in the instant case it cannot be denied that kuzalr act, 1960 is a statutory enactment dealing with agrarian reforms. in other words entry 18 of list ii cannot be attracted in relation to any particular ..... sarin vs. state of uttarakhand reported in (2011) 8 scc 708, the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 list iii (para 38).in the case of jilubhai nanbhani khachar vs. state of ..... books on constitutional law of india. it would be absurd to suggest that the mindset of socialist and protectionist economic policies of 1950s and 1960s should hold good in the liberalization and globalization stance from mid eighties through the nineties and in the 21st centuries. the mindset of 21st .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-2012
..... , learned senior advocate appearing on behalf of the west bengal industrial development corporation, submitted that the court will first proceed with the presumption of constitutional validity of the statute. a state act can be declared unconstitutional and/or ultra vires the constitution in the following circumstances: a) when it is a ..... of list iii. similarly, in rajiv sarins case (supra) the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 list iii. in the case of jilubhai (supra) the supreme court also held ..... agrarian reforms fall within the schedule 7list ii entry 18. he further submitted that in the instant case it cannot be denied that kuzalr act, 1960 is a statutory enactment dealing with agrarian reforms. in other words entry 18 of list ii cannot be attracted in relation to any particular ..... sarin vs. state of uttarakhand reported in (2011) 8 scc 708, the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 list iii (para 38). 55. in the case of jilubhai nanbhani khachar vs. ..... on constitutional law of india. it would be absurd to suggest that the mindset of socialist and protectionist economic policies of 1950s and 1960s should hold good in the liberalization and globalization stance from mid eighties through the nineties and in the 21st centuries. the mindset of .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
Decided on : Apr-04-2012
..... marks act, 1999. in the written statement filed by tphl before the city civil court, bangalore, it is averred that the ..... . theissue raised relating to the violation of the press and registration of books act is rejected. 19. next, we deal with the effect of the judgment of civil civil court, bangalore on the dispute here. s. 111 of the old act (1958 act) deals with the stay of proceedings where the validity of registration is questioned. this is equivalent to s.124 of the trade ..... press registrar, nor the magistrate is concerned with the distinctiveness or descriptiveness, they can only examine, if there is any other paper by the name, ??excellent and thereafter, proceed in accordance with that act. on the other hand, when the same newspaper owner applies for registration of the mark, ??excellent before the trade mark registrar, there he will have to satisfy the ..... plaintiffs mark is wrongly registered and liable to be rectified and that it does not confer any valid and sustainable right. in .....Tag this Judgment!
Court : Delhi
Decided on : Feb-28-2012
..... petitioners, the ld. acmm can take a lenient view of the matter. however, that does not make out a case for quashing of the proceedings under section 482 cr.p.c. the other argument of the learned senior counsel for the petitioners relates to petitioners defence which in the first ..... 244/2010, namely, quashing of 21.1.2003 passed by the learned acmm ii, new delhi, issuing process against the petitioner and the consequent proceedings in crl. complaint no.14/2003. it was argued that the standards which were prescribed for packaged drinking water as per item a.33 in ..... the bis rules obviously means "any legislation"; it is not confined to the provisions of the bis act and the rules made thereunder. it only means that it may be made compulsory by any legislation validity enacted or rules made under such legislation. sub-rules (28) and (29) of rule 49 ..... matters connected therewith or incidental thereto. taking note of certain provisions of the act and the rules framed the court held that the indian standards which are otherwise voluntary and available to public can be made as a binding ..... as arbitrary, capricious, unreasonable and unjust as complained by the petitioners.12. the court also took note of the provisions of bureau of standards act, 1986, which provides for establishment of a bureau for the harmonious development of the activities of standardization, marking, quality certification of goods and for .....Tag this Judgment!