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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Year: 2017 Page 1 of about 39 results (0.095 seconds)

Nov 16 2017 (HC)

K G vs.state of Delhi & Anr.

Court : Delhi

Decided on : Nov-16-2017

..... 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 .....

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Dec 06 2017 (SC)

Prateek Gupta Vs. Shilpi Gupta

Court : Supreme Court of India

Decided on : Dec-06-2017

..... in u.s. and that the issue, more particularly with regard to his custody as per the indian law is presently pending in a validly instituted proceeding here has also been highlighted in endorsement of the challenge to the impugned judgment and order. the decisions of this court in dhanwanti joshi vs ..... any imminent danger of the life or physical or moral well-being of the child. referring to, amongst others the proceedings initiated by him under the guardian and wards act, 1890 which was pending adjudication, it was asserted on his behalf that as the same assured effective and efficacious remedy in ..... from the environment and setting to which it had got adjusted for its well-being. 51 36. noticeably, a proceeding by the appellant seeking custody of the child under the guardian and wards act, 1890 has been instituted, which is pending in the court of the principal judge, family court, rohini, delhi ..... , would assist better the comprehension of the issues addressed therein. the parties to start with, were indian citizens and were married as per the hindu rites and customs on 30.11.2006 which was registered before the sdm court, chennai, whereafter on the completion of the traditional formalities, they shifted ..... on 26.05.2015 filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1956 (as 7 amended) and also a petition under section 7(b) of the guardian and wards act, 1890 in the court of the principal judge, family court, rohini, delhi seeking a decree .....

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Apr 06 2017 (HC)

C.N. Dinesha Vs. C.G. Mallika

Court : Karnataka

Decided on : Apr-06-2017

..... accused in his attempt to dislodge the initial presumption arising out of the evidence of complainant produced the order sheet pertaining to the proceedings under section 13-b of the hindu marriage act filed by the complainant and her husband and also the copy of the joint petition filed therein. the petition for divorce by mutual consent was filed on 30.5. ..... legally enforceable debt or liability can be contested. however, there can be no doubt that there is an initial presumption which favours the complainant. 27. section 139 of the act is an example of a reverse onus clause that has been included in furtherance of the legislative objective of improving the credibility of negotiable instruments. while section 138 of the ..... rebutted. other important principles of legal jurisprudence, namely presumption of innocence as human rights and the doctrine of reverse burden introduced by section 139 should be delicately balanced. such balancing acts, indisputably would largely depend upon the factual matrix of each case, the materials brought on record and having regard to legal principles governing the same." even balancing those two ..... respondent/complainant seeks to sustain the judgment of courts below thus: the petitioner by raising contradictory defence failed to tilt the presumption arising under sections 118 and 139 of the act in favour of the complainant. to establish her financial capacity to lend rs.3,50,000/-, the complainant had produced ex.p7/registered sale deed dated 5.5.2005 .....

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Aug 22 2017 (SC)

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

Decided on : Aug-22-2017

..... to the javed case10, wherein this court observed as under : 49. in state of bombay v. narasu appa mali [air1952bom 84:53 cri lj354 the constitutional validity of the bombay prevention of hindu bigamous marriages act (25 of 1946) was challenged on the ground of violation of articles 14, 15 and 25 of the constitution. a division bench, consisting of chief justice chagla ..... , since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or (iii) that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure, 1973, (2 of 1974) or under corresponding section 488 of the code of criminal procedure, 1898 ..... to the district court on the ground, (i) guilty of rape, sodomy or bestiality; (ii)that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the code of criminal procedure ..... in the seventh schedule, pertaining to marriage and divorce; infants and minors; adoption; wills; intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this constitution subject to their personal law. since the subjects expressed in entry 5 aforementioned, were relatable to personal law , therefore, personal law , according .....

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Oct 12 2017 (HC)

Ashutosh Kumar vs.jawaharlal Nehru University

Court : Delhi

Decided on : Oct-12-2017

..... asked for the copy of the report, which was denied to him. the judgment relied upon by ms.routray is distinguishable, inasmuch as the petitioner did not participate in the proceedings/the proceedings were held in his absence. further, the appellate authority itself has offered to allow inspection of the documents/record of hlec. the petitioner had asked for the documents/record ..... sufficient opportunity was given to the petitioner to inspect the documents at the appellate stage and then submit an appropriate appeal after the inspection, so as to make the appellate proceedings meaningful and purposeful. hence, the judgment would have no relevance.66. insofar as the judgment in the case of state of gujarat v. pagi bhurabhai rumalbhai (supra), is concerned, in ..... material available on record. the order of the authority itself, should reveal such application of mind. the appellate authority cannot simply adopt the language employed by the disciplinary authority, and proceed to affirm its order. (vide: indian oil corpn. ltd. & anr. v. santosh kumar, (2006) 11 scc147 and bhikhubhai vithlabhai patel & ors. v. state of gujarat & anr., air2008sc1771.63. suffice to ..... .p.(c) no.7910/2016 page 11 of 54 this case.17. she had stated, the supreme court rulings are that the charge in disciplinary proceedings must not be vague and must state the specific acts or omission that form the basis of the allegations. she referred to the judgment of the supreme court in union of india and ors. v. ghyan .....

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Oct 12 2017 (HC)

Chintu Kumari vs.jawaharlal Nehru University

Court : Delhi

Decided on : Oct-12-2017

..... report, which was denied to him. the judgment relied upon by ms.routray is distinguishable, inasmuch as the petitioner did not participate in the proceedings/the proceedings were held in her absence. further, the appellate authority itself has offered to allow inspection of the documents/record of hlec. the petitioner ..... is no dispute that the court cannot sit as an appellate authority over and above the conclusion of the disciplinary authority that a particular act was a gravest act of misconduct warranting dismissal. as stated above, on the limited issue that is being decided by this court, this judgment would have no ..... 40 constitutional provisions, the provisions of the act, the statute and the ordinances and the principles of natural justice have been complied with by the respondent. the... petitioner was served with notices at ..... court has to find out if the respondents have left out a relevant factor or taken into account irrelevant factors.30. that the respondent has acted within their authority, exercised their judgment in good faith, and followed the applicable laws. the w.p.(c) no.7936/2016 page 24 of ..... the show cause notice further asked the... petitioner to explain why disciplinary action should not be initiated against her for indulging in the above mentioned act. the... petitioner was asked to submit her reply to the chief proctor s office latest by march 16, 2016, 17:00 hrs, which later .....

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Oct 12 2017 (HC)

Shweta Raj vs.jawaharlal Nehru University

Court : Delhi

Decided on : Oct-12-2017

..... , which was denied to her. the judgment relied upon by ms.routray is distinguishable, inasmuch as the petitioner did not participate in the proceedings/the proceedings were held in her absence. further, the appellate authority itself has offered to allow inspection of the documents/record of hlec. the petitioner ..... on record. the order of the authority itself, should reveal such application of mind. the appellate authority cannot simply adopt the language employed by the disciplinary authority, and proceed to affirm its order. (vide: indian oil corpn. ltd. & anr. v. santosh kumar, (2006) 11 scc147 and bhikhubhai vithlabhai patel & ors. v. ..... me a final chance for deposition. ms. routray submitted, the... petitioner however failed to appear on all four dates and did not provide any valid reason of not doing so. according w.p.(c) no.7943/2016 page 11 of 40 to her, the... petitioner never intended to appear ..... was no application of mind on part of the... petitioner and she thus colluded and conspired with the other... petitioners to boycott the disciplinary proceedings and thus, making a mockery of the entire process by claiming violation of the principles of natural justice. according to ms. routray, same trend ..... presumed that the... petitioner has nothing to say in her defense and the office would proceed further in the matter. a copy of hlec report was also conveyed to the... petitioner which clearly outlined the act and conduct of the... petitioner based on the w.p.(c) no.7943/2016 page .....

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Oct 12 2017 (HC)

Umar Khalid vs.jawaharlal Nehru University Thr Its Registrar

Court : Delhi

Decided on : Oct-12-2017

..... asked for the copy of the report, which was denied to him. the judgment relied upon by ms.routray is distinguishable, inasmuch as the petitioner did not participate in the proceedings/the proceedings were held in his absence. further, the appellate authority itself has offered to allow inspection of the documents/record of hlec. the petitioner had asked for the documents/record ..... contained in the orders themselves. he refers to the judgment of the supreme court in m.s. gill v. chief election commissioner, (1978) 1 scc405wherein it has held that the validity of an order must be judged by the reasons mentioned therein and w.p.(c) no.7826/2016 page 26 of 58 cannot be improved by subsequent affidavits. it is ..... statutes and guidelines hlec?s terms of reference therefore indicated a preliminary, fact-finding enquiry, and not a disciplinary enquiry. however, examination of the hlec report indicates that the hlec acted beyond its terms of reference and found the petitioner guilty. in support his contention, he would refer to the following judgments: (i) nirmala j.jhala v. state of gujarat ( ..... of the respondent university on february 09, 2016, which attracted severe media frenzy and led to widespread public animosity towards some students of the university, including the... petitioner, resulting in acts of violence in the patiala house court complex against some students and even renowned senior counsel appointed by the supreme court. b. the petitioner, fearing for his safety, went into .....

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Oct 12 2017 (HC)

Anant Prakash Narayan vs.jawaharlal Nehru University

Court : Delhi

Decided on : Oct-12-2017

..... the copy of the report, which was denied to him. the judgment relied upon by ms.routray is distinguishable, inasmuch as the petitioner did not participate in the proceedings/the proceedings were held in his absence. further, the appellate authority itself has offered to allow inspection of the documents/record of hlec. the petitioner had asked for the documents ..... material available on record. the order of the authority itself, should reveal such application of mind. the appellate authority cannot simply adopt the language employed by the disciplinary authority, and proceed to affirm its order. (vide: indian oil corpn. ltd. & anr. v. santosh kumar, (2006) 11 scc147 and bhikhubhai vithlabhai patel & ors. v. state of gujarat & anr., air2008sc1771. ..... in the campus from february 22, 2016 and even delivered the letter by hand to the administrative building, thus, the... petitioner sought excuse after excuse to avoid the proceedings. it is further submitted that the... petitioner, deliberately having failed to appear before the committee, cannot claim that the principles of natural justice have not been followed by ..... of the act, the statute and the ordinances and the principles of natural justice have been complied with by the respondent. the... petitioner was served with notices at his hostel, at his various addresses and was asked to show cause and was also given opportunity to defend himself before the enquiry committee. the... petitioner however deliberately avoided proceedings. she .....

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Apr 28 2017 (HC)

Manimala Dasgupta Vs. The Kolkata Municipal Corporation and Ors.

Court : Kolkata

Decided on : Apr-28-2017

..... has passed the interim order staying the operation of the order passed by the learned single judge, may ipso facto act as a deterrent to a co-ordinate bench in proceeding to deal with the writ petition and to pass an interim order. before the court proceeds to rely upon the ..... petitioner to challenge the impugned order before the assessment tribunal and such remedy being efficacious, this court should not entertain the writ petition. before proceeding to deal with the points as emerged from the respective submissions of the counsel, salient undisputed facts are required to be adumbrated as under: ..... kolkata municipal corporation & ors.reported in 2015 (1) calcutta law journal 114 cal that section 232a of the act was taken into account. though an argument was advanced that the corporation cannot proceed on the basis of the covered space till the regulation is framed, but factually it was found that the ..... cannot be said to be bad, illegal and infirm as it offends the amended provision of the act. this court, therefore, does not find the submission advanced by the petitioner that the authority in fact proceeded to revise the annual valuation taking into account the definition of a covered area, but in ..... effect proceeded to revise the annual valuation on the basis of the rent which the petitioner receives from the service provider who installed the mobile tower on the roof. the matter can be viewed from another angle. sections 171 and 174 of the act contain the modalities for .....

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