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Start Free TrialHindu 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 Chapter 35
Title: Irregular Proceedings
State: Central
Year: 1973
.....arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. Section 463 - Non-compliance with provisions of section 164 or section 281 (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. Section 464 - Effect of omission to frame, or absence of, or error in, charge (1) No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 465
Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity
State: Central
Year: 1973
(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
View Complete Act List Judgments citing this sectionOaths Act, 1969 Section 7
Title: Proceedings and Evidence Not Invalidated by Omission of Oath or Irregularity
State: Central
Year: 1969
No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.
View Complete Act List Judgments citing this sectionBombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 32
Title: Power to Vary Scheme on Ground of Error, Irregularity, Informality
State: Central
Year: 1947
.....thereby communicate in writing any objection to such variation to the 3 [SettlementCommissioner]. (3)After receiving the objections under sub-section (2) the 1 [SettlementCommissioner] may, after making such enquiry as 4 [he may] think fit,5 [* * *] make the variation with or without modification or may notmake any variation. 6 [(3A) If the scheme is variedunder sub-section (3), a notification stating that the scheme has been variedshall be published in the Official Gazette and the scheme so varied shall bepublished in the prescribed manner in the village or villages concerned.] (4)From the date of the notification 7 [stating that the scheme has beenvaried] the variation shall take effect as if it were incorporated in thescheme. _____________________________ 1.These words were substituted forthe words "State Government" by Mah. 19 of 1966, s. 14(a) and(c)(i) 2.These brackets, words, figuresand letter were inserted by Bom. 33 of 1956, s. 6(1). 3.These words were substituted forthe words "State Government through the Settlement Commissioner" byMah. 19 of 1966 s. 14(b). 4.These words were substituted forthe words "it may" Mah. 19 of 1966 s. 14(b), s. 14(c)(ii). .....
View Complete Act List Judgments citing this sectionKarnataka Co-operative Societies Act, 1959 Section 92
Title: Title of Purchaser Not to Be Questioned on the Ground of Irregularity, Etc
State: Karnataka
Year: 1959
Where any property is sold in the exercise or purported exercise of a power of sale under section 89, the title of the purchaser shall not be questioned on the ground that,-- (a) the circumstances required for authorising the sale had not arisen, or (b) the power of sale was otherwise improperly or irregularly exercised; but any person who has suffered any damage by an unauthorised, improper or irregular exercise of any such power shall have a remedy in damages against the1[Agriculture and Rural Development Bank]. ______________________________________ 1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 59
Title: Orders Not Reversible by Reason of Error or Irregularity Not Occasioning Failure of Justice
State: Karnataka
Year: 1964
No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account of an error, omission, or irregularity in the summons, notice, proclamation, warrant or order or any other proceedings under this Act, unless such error, omission or irregularity has, in fact, occasioned a failure of justice.
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