Bare Act Search Results
Home Bare Acts Phrase: absolute nullityHindu Marriage Act, 1955 Chapter 4
Title: Nullity of Marriage and Divorce
State: Central
Year: 1955
.....Act, the 1978 (2 of 1978)], the consent of such guardian was obtained by force3[or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of.....
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Chapter VI
Title: Nullity of Marriage and Divorce
State: Central
Year: 1954
.....clause (ii), the court shall not grant a decree unless it is satisfied,-- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. Section 26 - Legitimacy of children of void and voidable marriages 1[26. Legitimacy of children of void and voidable marriages (1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 4
Title: Nullity of Marriage
State: Central
Year: 1869
.....force. Nothing in this section shall effect the1[ jurisdiction of the District Court ] to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. ___________________ 1.Substituted by Act 51 of 2001, section 15, for "jurisdiction of the High Court" (w.e.f. 3-10-2001). Section 20 - Confirmation of District Judge's decree (Repealed) [Rep. by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), section 16 (w.e.f. 3-10-2001).] Section 21 - Children of annulled marriage Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 43
Title: Powerto Make Orders as to Custody of Children in Suits for Dissolution or Nullity
State: Central
Year: 1869
1[ In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a District Court, the Court may from time to time before making its decree, make such interim orders as it may deem proper" ] with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court. ______________________ 1 . Substituted by act 51 of 2001, section 25, for certain words (w.e.f. 3-10-2001).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 141
Title: Procedure on Order Being Made Absolute and Consequences of Disobedience
State: Central
Year: 1973
(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860). (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 7
Title: Acceptance Must Be Absolute
State: Central
Year: 1872
In order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.
View Complete Act List Judgments citing this sectionImperial Library (Indentures Validation) Act, 1902 [Repealed] Section 3
Title: Property to Vest Absolutely in Government
State: Central
Year: 1902
Notwithstanding anything herein contained, the property in expressed or intended to be transferred to the Secretary of State for India in Council by the said indentures respectively shall be, and from the dates thereof respectively shall be deemed to have been, vested in Government absolutely and free from all incumbrances, trusts, powers, equities or obligations of any kind or nature whatsoever.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 42
Title: Cases in Which Court Must Refuse an Absolute Discharge
State: Central
Year: 1920
(1) The Court shall refuse to grant an absolute order of discharge under section 41 on proof of any of the following facts, namely: (a) that the insolvent's assets are not of a value equal to eight annas in the rupee on the amount of his unsecured liabilities, unless he satisfies the Court that the fact that the assets are not of a value equal to eight annas in the rupee on the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible; (b) that the insolvent has omitted to keep such books of account as are usual and proper in the business carried on by him and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his insolvency; (c) that the insolvent has continued to trade after knowing himself to be insolvent; (d) that the insolvent has contracted any debt provable under this Act without having at the time of contracting it any reasonable or probable ground of expectation (the- burden of proving which shall lie on him) that he would be able to pay it; (e) that the insolvent has failed to account satisfactorily for any loss of assets or for any.....
View Complete Act List Judgments citing this sectionIndian Carriage of Goods by Sea Act, 1925 (26 of 1925) Section 3
Title: Absolute Warranty of Seaworthiness Not to Be Implied in Contracts to Which Rules Apply
State: Central
Year: 1925
There shall not be implied in any contract for the carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 138
Title: Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person
State: Central
Year: 1925
Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.
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