THE DECREES AND ORDERS VALIDATING ACT, 1936 [Act No. 5 of 1936] [AS ON 1956] [26th April, 1936] PREAMBLE An Act to remove certain doubts and to establish the validity of certain proceedings in High Courts of Judicature {The words in the Provinces omitted by the A.O.1950.Subs., ibid., for sub-section (2).} WHEREAS doubts have arisen as to the validity of certain proceedings in High Courts of Judicature {The words "in the Provinces" omitted by the A.O.1950.Subs., ibid., for sub-section (2).} under the Letters Patent erecting and establishing those Courts; AND WHEREAS it is expedient to terminate those doubts and to establish the validity of those proceedings; It is hereby enacted as follows:--
View Complete Act List Judgments citing this section(1) This Act may be called the Decrees and Orders Validating Act, 1936. {Subs., ibid., for sub-section (2).} [(2) It extends to the whole of India, except1[the territories which, immediately before the 1st November, 1956, were comprised in Part B States.] ________________________ 1. Substituted for Part B States?by 3.A.L.O. 1956.
View Complete Act List Judgments citing this sectionNo decree passed or order made by the High Court of Judicature at Fort William in Bengal, the High Court of Judicature at Madras or the High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction under clause 12 of its Letters Patent, or by the High Court of Judicature at Rangoon, in the exercise of its original civil jurisdiction under clause 10 of its Letters Patent, shall be called in question in any proceedings before any other Court on the ground that the High Court passing the decree or making the order had no jurisdiction to pass or make the decree or order.
View Complete Act List Judgments citing this sectionWhere in any proceedings concluded on or after the 26th day of August, 1935, any such decree or order has been found to be invalid on such ground by any Court, such finding shall be void and of no effect; and the Court shall, notwithstanding anything to the contrary in the Indian Limitation Act, 1908, 9 of 1908.or any other law for the time being in force, on application made within six months from the Commencement of this Act by any person prejudicially affected by such finding, restore the proceedings at and continue the proceedings from the state reached immediately before the order embodying or based on such finding was made.
View Complete Act List Judgments citing this sectionTHE PARSI MARRIAGE AND DIVORCE ACT, 1936 [Act, No. 3 of 1936] [23rd April, 1936] PREAMBLE An Act to amend the law relating to marriage and divorce among Parsis. WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is hereby enacted as follows:
View Complete Act List Judgments citing this sectionIn this Act, unless there is anything repugnant in the subject or context, (1) "Chief Justice" includes senior Judge; (2) " Court " means a Court constituted under this Act; (3) to "desert", together with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent, or against the will, of such party; (4) " grievous hurt " means (a) emasculation; (b) permanent privation of the sight of either eye; (c) permanent privation of the hearing of either ear (d) privation of any member or joint; (e) destruction or permanent impairing of the powers of any member or joint; (f) permanent disfiguration of the head or face; or (g) any hurt which endangers life; (5) " husband " means a Parsi husband; (6) " marriage " means a marriage between Parsis whether contracted before or after the commencement of this Act; (7) a " Parsi " means a Parsi Zoroastrian; (8) " priest " means a Parsi priest and includes Dastur and Mobed; and (9) " wife " means a Parsi wife.
View Complete Act List Judgments citing this section.....destroying or altering register Any person secreting, destroying, or dishonestly or fraudulently altering the said register in any part thereof, shall be punished with imprisonment of either description as defined in the Indian Penal Code (45 of 1860) for a term which may extend to two years, or if he be a Register, for a term which may extend to five years and shall also be liable to fine which may extend to five hundred rupees. Section 17 - Formal irregularity or altering register No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect.
View Complete Act List Judgments citing this section.....the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.] ________________________ 1. Section 3 renumbered as sub-seciton (1) thereof by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 2. Substituted for "in the case of any Parsi (whether such Parsi has changed has or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage." By the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 3. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this section(1) No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband, whether aParsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act 1865{ Rep.by this Act.}, or under this Act, except after a divorce, declaration or dissolution as aforesaid under either of the said Acts. (2) Every marriage contracted contrary to the provisions of subsection (1) shall be void.
View Complete Act List Judgments citing this sectionEvery Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code (45 of 1860) for the offence of marrying again during the lifetime of a husband or wife.
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