Court : Kerala
Reported in : AIR2007Ker240
..... co-operated with the wife for non consummation of the marriage.9. the indian divorce act, 1869 is an act to amend the law relating to divorce and matrimonial causes. by the indian divorce (amendment) act, 2001, the nomenclature of the act has been changed as 'the divorce act, 1869'. the preamble of the act reads thus : 'whereas it is expedient to amend the law relating to the divorce of persons professing the christian ..... the case permits, the facts on which the claim to have such marriage dissolved is founded.10. section 10 of the act was substituted by the amendment act, 2001. section 10, after the amendment, reads as follows:10. grounds for dissolution of marriage.-(1) any marriage solemnized, whether before or after the commencement of the indian divorce (amendment) act, 2001, may, on a petition presented to the district court either by the ..... husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent-(i) has .....Tag this Judgment!
Court : Chennai
Reported in : AIR2002Mad435; (2002)2MLJ506
..... by the high court. and the high court has full powers of calling for fresh evidence.'6. the preamble to the indian divorce act runs as follows :'whereas it is expedient to amend the law relating to divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in matters ..... 8. section 10 provides for grounds for dissolution of marriage. the section as it originally stood provided for either of the spouses to present a petition to the district court or to the high court. the section as amended by act 51 of 2001 provides that the petition may be presented to the ..... in the judgment, facts which show clearly that it possesses jurisdiction to pronounce a decree' for dissolution of marriage.3. apart from the preamble, the sections relevant in the indian divorce act, 1869 (now the divorce act) are sections 3(1), 3(3), 3(4), 4. 6, 8, 10, 11, 16, 18, 20, 22, ..... , tirunelvelli. o.m.s. no. 7/2001 will stand transferred to the file of the principal district court, tirunelvelli. for disposal. the parties to appear before the principal district court, tirunelvelli on ..... for disposal. the parties to appear before that court on the 10th of june, 2002.39. the parties in o.m.s. no. 7/2001 last resided together at palayamkottai. both the petitioner and the respondent live in palayamkottai as per the petition. the proper court is the principal district court .....Tag this Judgment!
Court : Chennai
..... will cannot be a true and genuine document. 19. the petitioners filed their counter, stating that the will was executed voluntarily by m. kandasamy in their favour on 29.01.2001. therefore, by virtue of the said document, they are the legal representatives in respect of the subject matter of the rent control original petition. since the will was disputed by ..... document, its execution may be proved by other evidence." 17. in the present matter, there is no dispute that the requirement of section 68 of the evidence act is satisfied, since one attesting witness i.e. pw-2 was called for the purpose of proving the execution of the will, and he has deposed to that effect. the question, however, arises as ..... to other children born in valid marriage. this is the crux of the amendment in section 16(3). however, some limitation on the property rights of such children is still there in the sense their right is confined to the property of their parents. such rights cannot be further restricted in view of the pre-existing common law view discussed above. (ii) 2013 ..... ) and bharatha matha (supra) in view of the constitutional values enshrined in the preamble of our constitution which focuses on the concept of equality of status and opportunity and also on individual dignity. the court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(4)AWC3310(All)
..... reading of the preamble itself it appears that the act of 1950 is a complete code. its part ii chapter vii deals with the lands belonging to gaon sabha and land management committees. section 122-b is part of such chapter. such section was introduced by u.p. land laws (amendment) act no. 20 of ..... court to establish that the zamindari abolition act came into force with effect from july 1, 1952. it has undergone numerous amendments and it is somewhat difficult to find out at any given moment of time what the state of law exactly was, because most of the amending acts are made partly retrospective and partly ..... not and considerable time is spent in trying to ascertain which part of the original act ..... have no alternative remedy to establish their claim to the disputed land in view of provisions of section 122-b (4-e) of the act. i think, that the petitioners have an alternative remedy to seek their title to the disputed land because the order in revision has been passed by ..... when a person files a revision petition the order in revision petition would be final between the parties and the order of the trial court i.e. assistant collector shall merge into the order of revisional court. therefore, after the decision in revision petition filed by the aggrieved party the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 54ITR461(MP); 1964MPLJ457
..... 1954, introducing new sub-section (1a) and (1b) into section 34 of the act. this ordinance was repealed and its operative provisions re-enacted by parliament by the income-tax (amendment) act, 1954. the preamble of the ordinance and the amending act stated that those measures were for further amending the indian income-tax act 1922, to provide for the assessment or reassessment of persons who have to ..... held that action under the amended section could not be taken if prior to the amendment coming into force the period of ..... where the existing right of reassessment has been already barred. in my opinion, the law is firmly established that under such circumstances the remedy cannot be revived unless the law provides for it in express terms or necessary intendment. i hold that in the latest amendment of section 34(i) there is nothing which does so.'if the reasoning on which the calcutta high court ..... , even after the amendment made therein in 1956, a general provision as before for the reopening of assessments. the reopening of assessments under sub-section (i) is not by any reference to particular assessment years.now, it is firmly established that a general law has to be construed as not repealing a particular one, that is, one directed towards a special .....Tag this Judgment!
Court : Jammu and Kashmir
..... but same is repelled by learned counsel for respondents by stating that answer (a) i.e. sexual intercourse committed by a person in authority was the right answer. in this connection, learned counsel referred to section 12 of the jammu and kashmir criminal laws (amendment) act, 2013. section 376-c begins with the heading sexual intercourse by a person in ..... ownership to the occupants) act, 2001.32.prevention of defacement of property act, 1985.33.stamp act, svt. 1977.34.registration act, svt. 1977.35.govt. servants (held in detention act), 1956.36.the jammu and kashmir state vigilance commission act, 2011.37.environment (protection) act, 1986.38.air (prevention and control of pollution) act, 1981.39.representation of the people act, 1957. iii) brainmapping/ ..... of questions is such which even otherwise fall within the ambit of current affairs pertaining to laws and their implementation. 12) next learned counsel for ..... under: the relevant issues(especially current affairs) pertaining to laws, their implementation....reaction from society, judiciary, media and other pressure groups, and critical analyses thereof. in addition thereto, it is also highlighted that the preamble of the constitution of india is also referred to in various minors act as are included in the syllabus notified. then the nature .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; 1SCR128; 1996(1)LC626(SC)
..... of sub-section (2), such marriages held earlier to the commencement of hindu marriages madras amendment act 1957 are to be regarded as good and valid in law, doing away with any customary practice or usages to be mandatory. the tamil nadu act 21 of 1957 came into force with effect from january 20, 1968.21. the constitution through its preamble, fundamental rights and directive principles created ..... for the purpose of entitlement to admission under article 15(4), the identification by the president as a scheduled tribe under article 342(1) subject to the law under article 342(2) as amended by the scheduled caste and scheduled tribes (amendment) act 1976, is conclusive. in other words, this court had not accorded to a member of forward class, by obtaining a false certificate ..... . daughter of the sage angirasa, was married to king asanga. the king svanaya bhavaya-vya i.e. brother-in-law of kaksivat was married to brahmani wife of angirasa (of viii. 1.34). even marriage of yayati and devayani (x. 63.1) is of the same type i.e. ksatriya male marrying a brahmani.from the brahmanas and the upanishads, she also quoted at page 41 ..... with affairs of the union or of a state consistent with the maintenance of efficiency of administration. therefore, this court interpreted that equal protection guaranteed by articles 14 15(1) and 16(1) is required to operate consistently with articles 15(4) 16(4) 38 39 46 and 335 of the constitution, vide per majority in indra sawhney v. union of india .....Tag this Judgment!
Court : Supreme Court of India
..... the occasional trial of questions of fact by juries. (ii) the divorce act, 1869 provided for the grounds for dissolution of marriage in section 10 thereof. the same is extracted hereunder:- 10.grounds for dissolution of marriage.-(1) any marriage solemnized, whether before or after the commencement of the indian divorce (amendment) act, 2001, may, on a petition presented to the district court either by the husband ..... in the preamble to the constitution. the article naturally divides itself into two parts- (1) equality before the law, and (2) the equal protection of the law. judgments of this court have referred to the fact that the equality before law concept has been derived from the law in the u.k., and the equal protection of the laws has been borrowed from the 14th amendment to ..... weaker segments of the society. in s.r. bommai v. union of india (1994) 3 scc1this court held that the preamble is part of the basic structure of the constitution. handicaps should be removed only under rule of law to enliven the trinity of justice, equality and liberty with dignity of person. the basic structure permeates equality of status and opportunity ..... of the society. in s.r. bommai v. union of india [(1994) 3 scc1 this court held that the preamble is part of the basic structure of the constitution. handicaps 28 108 should be removed only under rule of law to enliven the trinity of justice, equality and liberty with dignity of person. the basic structure permeates equality of status and .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(2)BomCR244; II(2000)DMC292
..... .air india statutory corporation, etc. v. united labour union and others, etc., : (1997)illj1113sc after reviewing the preamble to the constitution as explained in s.r. bommai v. union of india, : 2scr644 and the amendment to the preamble brought about by the 42nd (amendment) act and its effect on the directive principles of state policy, the apex court laid down this proposition, which ..... to be considered as part of his right to life.iv. international covenants and their enforceability by municipal courts:20. article 39(f) was introduced by the constitution (forty-second amendment) act, 1976 with effect from 3rd january, 1977. the said article reads as under:---'39(f) that children are given opportunities and facilities to develop in a healthy manner and ..... is held high visualising what the new nation yet to be born out of the freedom struggle must aspire. these hopes and aspirations permeate the preamble to our constitution. they now constitute our rule of law. the preamble is the judicial tool. this tool is of metal which is malleable, ductile and tenacious. its effectiveness and strength lies in the hands of ..... throughout the country. then there are the negotiable instruments act: and i can cite innumerable enactments which would prove that this country has practically a civil code, uniform in its content and applicable to the whole of the country. the only province the civil law has not been able to invade so far is marriage and succession. it is this later corner which we .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom74(1); (1928)30BOMLR139; 108Ind.Cas.492
..... before me cannot be governed by the amending act but by the original act iii of 1872. in order, therefore, to determine the question which has arisen, i have to consider the provisions of that act and that act alone.9. now turning to the preamble of the act, it is clear that the act was intended to provide a form of marriage for persons who do not profess (inter ..... and the succession to his property would be governed by the hindu law. the arguments which have been addressed to me as to the meaning to be attached to the words in the preamble or section 2 of the special marriage act, and as to the effect of the declaration under the act were addressed to the judge in that case. further the learned judge ..... , but it seems there are indications in the act itself which go to show that the personal law of the parties was not to be deemed to be abrogated merely by reason of a marriage being solemnized under the act.12. in the first place the act was passed, as the preamble shows, to provide a form of marriage for a certain class of persons. it is ..... the same to be signed by the parties and three witnesses. section 18 provides that the issue of any marriage solemnized under the act, shall be deemed to be subject to the law to which their fathers were subject as to the prohibition of marriages by reason of consanguinity or affinity. the declaration in the second schedule inter alia requires the declarant to say .....Tag this Judgment!