Court : Himachal Pradesh
Reported in : AIR1981HP63
..... life, limb, or health (bodily or mental) or as to give rise to a reasonable apprehension of such danger.'it may, however, be noticed that under the hindu marriage act, it is not necessary, as under the english law, that the cruelty must be of such a character as to cause 'danger' to life, limb or health or ..... a reasonable delay. i am of the view that the delay in itself is not fatal to the proceedings under the hindu marriage act if any reasonable explanation is given. in proceedings under the hindu marriage act, the question of delay is to be determined according to the nature of allegations and the relief sought. reference may be made ..... . the appellant, who is the wife of the respondent, filed a petition under section 13 of the hindu marriage act for the dissolution of marriage between them. the senior sub-judge, bilaspur (with the powers of district judge under the hindu marriage act) dismissed the petition of the appellant by his order and judgment dated 24th april, 1980.2. aggrieved by .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1991]192ITR474(HP)
..... the decision rendered in g. d. narendra's case : [1972]85itr647(mad) . the text of the circular reads as under :'subject : section 50 of the estate duty act, 1953 -- relief from estate duty where court-fees have been paid for obtaining probate --clarification regarding. the madras high court have, in the case of g. d. narendra ..... of estate duty and the relief is to the extent of the amount of court-fees paid in accordance with the provisions of the relevant court fees act for obtaining representation to theestate of the deceased either by obtaining probate or letters of administration or a succession certificate. there is no period of limitation prescribed ..... 106 towards court-fees for obtaining the probate. petitioner no. 1, thereafter, on october 25, 1978, approached the respondent with an application under section 50 of the act claiming a refund of rs. 13,106 being the amount of additional probate duty paid for obtaining full representation for the, entire estate. after exchange of a lot .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1997)141CTR(HP)52,[1997]225ITR305(HP)
..... writ petitions, the assistant commissioner of income-tax, circle i, shimla, respondent no. 2, has filed a complaint under section 276cc of the income-tax act, 1961 (hereinafter called 'the act'), in the court of the chief judicial magistrate, shimla, who has issued process after taking cognizance of the offence. in these criminal writ petitions, each ..... separate orders dated march 16, 1992 (annexure 'p-2' in each petition), penalty of the amount stated therein was imposed under section 271(1)(a) of the act. separate appeal filed by each petitioner against the order imposing penalty has also been dismissed by the commissioner of income-tax (appeals), shimla, as stated by the ..... respondents in their reply-affidavit(s). separate notices to show cause dated november 12, 1991, under section 276cc of the act (annexure 'p-3' in each petition) were issued to each petitioner calling upon him/her to show cause as to why proceedings under section 276cc should not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2006)DMC144
..... this behalf may be made to gurdip kaur v. balbir singh1995 (2) hlr 56; mrs. asha gupta @ anju gupta v. rajiv kumar gupta .34. under section 2 of the hindu marriage act a party who is a wrong-doer is not entitled to any relief. in view of the above discussion, i am of the considered opinion that the husband has failed ..... can be taken into account along with any other ground on which a divorce can be claimed and granted within the framework of section 13 of the hindu marriage act.(29) insofar as the case in hand is concerned, it is true that the parties are now living separately for the last about 15 years. the appellant, however, has specifically ..... . the genesis of the differences makes sad reading. the husband filed the petition for divorce under section 13 of the hindu marriage act, 1955 in the court of the district judge, solan on 22nd march, 1991. it was alleged that the marriage had taken place in tehsil arki, district solan, h.p. the grounds of divorce were cruelty and desertion.3. the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1991)DMC490
..... august 13, 1986, a petition under section 13 of the hindu marriage act, 1955 (act no; 25 of 1955), (briefly the act), was filed by the husband against the wife seeking a decree of divorce for dissolution of marriage on the ground that the wife after the solemnisation of marriage, had treated him with cruelty. the district judge, shimla, who ..... of cruelty necessary to amount to a matrimonial offence have not been defined by any statute of the indian legislature relating to marriage and divorce; nor has the expression been defined in the matrimonial causes act, 1950. the accepted legal meaning of this expression, which is rather difficult to define, had been 'conduct or such ..... the evidence adduced by the husband was sufficient to warrant the finding that the wife had treated the husband, after solemnisation of marriage, with cruelty and there was no act on the part of husband condoning the acts of cruelty. the further conclusion on the basis of evidence and other factors on record is that the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1991)DMC525
..... and in the absence of fresh allegations of really serious nature, the plea of the respondent for a degree of divorce under section 13(1)(i-a) of the hindu marriage act, 1955 cannot be allowed. as already observed, instances given in this case are not of serious nature and do not amount to 'cruelty'.12. the result of the aforesaid ..... be drawn, in these circumstances, is that it did not cause any kind of mental torture that could amount to cruelty within the meaning of section 10 of hindu marriage act, 1955 (hereafter 'the act'). (see: 1979 h.l.r. 415 (smt. jarnail kaur v. sarwan singh) and air 1982 delhi 107=ii (1981) dmc 92 delhi (smt. pushpa rani v. ..... of additional district judge (i), kangra in h.m. petition no. 45/87, decided on 30.5.1988, moved by the respondent under sections 13 of hindu marriage act for dissolution of marriage by a decree of divorce.2. briefly, the facts are that the parties were married on 1.3.1979 according to hindu rites at pathankot. they lived peacefully till .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ998
..... to file an application under section 125, cr. p. c. when the civil court is already seized of the matter, under the hindu marriage act. while referring to the proceedings under the hindu marriage act the learned judge has also mentioned the proceedings under section 24 as well, but this court respectfully disagrees with it, in view of the ..... the civil judge, dehradun setting aside the order of maintenance pendente lite of rs. 80/- per month granted to the wife under section 24 of the hindu marriage act, the application for enhancement of the maintenance allowance was required to be rejected and the order dated 21-2-1985 granting her maintenance allowance of rs. 100/- ..... not entitled to any maintenance allowance in view of the order passed by civil judge, dehradun refusing her the maintenance pendente lite under section 24 of the hindu marriage act, taking into consideration that she was owner of the property worth rupees four to five lacs and was having income from it from rs. 2000/- to rs. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1991)ACC243,1991ACJ85
..... the tribunal has made all the respondents liable for the award amount without specifying the exact amount exclusively recoverable from the insurance company.7. section 95 of the motor vehicles act, 1939 (act no. 4 of 1939) so far relevant is as under:95. requirements of policies and limits of liability.(1) in order to comply with the requirements of this chapter ..... the deceased died at the spot. the case of the respondents has been that the accident took place on account of unforeseen mechanical defect in the bus which was an act of god and beyond the control of the driver of the vehicle. it has been denied that the bus was being driven negligently or rashly. they have denied even the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1998)DMC1
..... of the powers vested in this court under order 41, rule 33, cpc as well as by having recourse to the provisions of sections 24 and 25 of the hindu marriage act. during the course of arguments, learned counsel appearing for the husband very fairly stated that if such a situation comes up, his client would be more than willing to ..... in lowering his client in the estimation of public.8. it may be appropriate to point out here that cruelty has not been defined under the hindu marriage act (hereinafter referred to as the 'act') and there can be no strait-jacket formula so as to define the cruelty as it would depend upon on number of circumstances and facts of the ..... 10.12.1993 passed by district judge, kangra at dharamshala in h.m. a. no. 16-d /iii/93, whereby marriage between the parties has been dissolved by a decree of divorce under section 13 of the hindu marriage act.2. parties to the case were married on 9.3.1994 at village sidhpur, mauza khanyara, tehsil dharamshala district kangra and they .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2006HP63
..... respondent-husband could not be permitted to cross-examine the witnesses since the husband had not deposited the arrears of maintenance awarded to wife under section 24 of the hindu marriage act. the counsel for the husband immediately offered to deposit a sum of rs. 5000/- out of the amount of rs. 13000/- approximately due at that time.5. the learned trial ..... before taking such action.10. in the present case no such opportunity whatsoever was given to the offending spouse to make amends and in my opinion, the trial court has acted in a very hasty manner in striking off the defence of the husband on the first date when the wife's evidence was present, therefore, the order, judgment and decree .....
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