Judgment Search Results Home > Cases Phrase: arya marriage validation act 1937 section 2 marriage between arya samajists not to be invalid Page 1 of about 10 results (0.101 seconds)

Mrs. Valsamma Paul Vs. CochIn University and Others

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; [1996]1SCR128; 1996(1)LC626(SC)

..... arya marriages validation act, 1937 permitted performance of both anuloma and pratiloma marriages under the auspices of the arya samaj ..... of 'equality before law' and 'equal protection of the laws' guaranteed by article 14 and its species articles 15(4) and 16(4) aim at establishing social and economic justice in political democracy to all sections of the society, to eliminate inequalities in status and to provide facilities and opportunities not only amongst individuals but also amongst groups of people belonging to scheduled castes (for short 'dalits')', scheduled tribes (for short tribes') and other backward classes of citizens (for ..... when in tamil nadu such marriage is statutorily, valid would it become invalid in other parts of the ..... section 7a of the hindu marriage act introduced an amendment in the state of tamil nadu providing that marriages made between any two hindus in any form solemnised in the presence of relatives, friends or other persons in a simplified form are a valid marriage; and by statutory operation 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 ..... it recommends and inculcates a marriage with a woman of equal class as a preferable description, yet the marriage of a man with a woman of a lower class or tribe than himself a appears not to be an invalid marriage, rendering the issue illegitimate.20. .....

Ram Awadh and ors. Vs. Krishna Nand Lal and ors.

Court : Allahabad

Reported in : AIR1981All432

..... arya samaj rites follow the strict vedic rites of marriage but the defendants probably used the expression arya samaj rites as an euphemism for a non-conformist or an irregular marriage, for there was a time when even the validity of an 'arya marriage' was doubted on account of the willingness of arya samajists to solemnise marriage between persons of different castes, or with converts to hinduism or widows, and the arya marriage validation act, 1940 had to be passed to declare them to be valid and to have always been valid. ..... learned counsel for the appellants is right in urging that the principle of those cases will not apply to the present case and in case the marriage in question had been so ancient that all evidence of ceremonies by which it was solemnized had disappeared or was not forthcoming, a presumption of valid marriage might have been raised by mere proof of the fact of marriage or by proof of the fact that the two had been living together as husband and wife for a long number of years ..... had held that the bride had in that case taken seven steps in the course of carrying out the said rite, and the fact that she had taken more steps than seven did not invalidate the marriage. ..... the elucidation of the meaning of saptapadi, given in parenthesis in section 7 (2), of the act, has apparently been taken verbatim from mulla's principles of hindu law. ..... both these cases were of prosecution for an offence under section 494, i. p. c. ..... (see section 437 (1), at p. .....

Splendor Landbase Ltd. Vs Delhi Pollution Control Committee.

Court : Delhi

..... , operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or(b) bring into use any new or altered outlet for the discharge of sewage; or(c) begin to make any new discharge of sewage: provided that a person in the process of taking any steps to ..... constructed is a commercial shopping complex or a shopping mall.1.2 the show cause notices have been issued on the ground that these petitioners had not, prior to commencing construction, applied to the dpcc for and obtained from it the consent to establish under section 25 of the water act or the dpccs consent to operate under section 21 of the air act.1.3 some of the petitioners have constructed commercial complexes or shopping malls of a built up area of over 20,000 sq.m. ..... of the petitioners that after the completion of the construction in terms of validly sanctioned plans the ownership of the property, or portions thereof, usually changes ..... pointed out that there is no question of repugnancy between the air and water acts on the one hand and the epa on the ..... exercise of power vulnerable to invalidation on the grounds of arbitrariness ..... contended that there can be no sub-delegation by the chairman of his powers to the cmc and the decision taken by the chairman with the assistance of the members of the cmc is invalid.56. .....

Mohan Lal and ors. Vs. Mst. Bhudevi and ors.

Court : Allahabad

Reported in : AIR1954All588

..... the arya marriage validation act (act 19 of 1937) only provides that marriages between aryasamajists will not be invalid by reason of the fact that the husband and wife belong to different castes or different sub-castes of hindus or before the marriage they belonged to any religion other than hinduism. ..... the general law, therefore, which applies to a hindu widow will also apply to an aryasamajist that section 2 will not apply, if the marriage can be validly performed independently of the provisions of the act. ..... prom the evidence of the witnesses examined on behalf of the defendants it is clear that their case was that imarti could re-marry as she was an arya samajist, and, as regards arya samajists since marriage is permissible, she would not forfeit her right as a hindu widow to remain in possession of her first husband's property during her lifetime. ..... if a custom is established permitting marriage of ahindu widow so that it was not necessary to have recourse to the hindu widows re-marriage act for legalising the marriage the provisions of section 2, as we have already said, do not apply. .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... . in 1937, the arya marriage validation act legalized the inter-caste marriages, and marriages with converts to hinduism, among the followers of ..... . but would you invalidate a marriage which is valid under the existing law and under the present religious beliefs and practices on the ground that it has not been registered under any new law and thus bastardize the ..... of divorce (or marriage) even if proved, will not render valid divorce which is otherwise invalid under muslim law. ..... to them, triple talaq is specifically sanctioned by statutory law vide section 2 of the 1937 act and what is sought for is a declaration that section 2 of the 1937 act is constitutionally invalid to the aforesaid ..... 1973, (2 of 1974) or under corresponding section 488 of the code of criminal procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she 261 was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or (iv) that her marriage (whether consummated or not) was solemnized before ..... that the rights of sudras (the lowest amongst the four hindu castes members of the workers caste), as were expressed by the smriti (-refers to a body of hindu texts, traditionally recorded in writing) writers, 41 137 were invalid because they were in conflict with the fundamental rights guaranteed under part iii of the constitution .....

Korematsu Vs. United States

Court : US Supreme Court

..... is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law. ..... footnote 2/7 ] establishing the war relocation authority under which so-called relocation centers, a euphemism for concentration camps, were established pursuant to cooperation between the military authorities of the western defense command and the relocation authority, and that the petitioner has page 323 u. s. ..... of whether the government, on a plea of military necessity, can validly deprive an individual of any of his constitutional rights is whether the deprivation is reasonably related to a public danger that is so "immediate, imminent, and impending" as not to admit of delay and not to permit the intervention of ordinary constitutional processes to alleviate the danger. ..... 12, 1942, an information was filed in the district court for northern california charging a violation of the act of march 21, 1942, in that petitioner had knowingly remained within the area covered by exclusion order no. ..... strong, the second-generation japanese problem (1934); smith, americans in process (1937); mears, resident orientals on the american pacific coast (1928); millis, the japanese problem in the united states .....

Shri Prithvi Cotton Mills Ltd. Vs. Broach Borough Municipality and ors ...

Court : Gujarat

Reported in : AIR1968Guj124; (1970)0GLR226

..... of the tax-payer to pay the tax arose on 1st april 1963 for the whole of the period upto 31st march 1964, and the fact that the validation act expired on 27th of january 964 would have no effect on the right to recover the tax for the proportionate period between 27th january 1964 to 31st march 1964. ..... , the notification was held to be invalid also on the additional ground that, the advisory board constituted by the government was not validly constituted in conformity with the requirements of section 9 of the minimum wages act. ..... and therefore, the levy of the tax from 27th january 1964 upto 31st march 1964 will be invalid and that,, even if clause (vi) of sub-section (2) of section 279 is construed as saving an illegal tax and confers authority on the municipality to recover such a tax, it will not save the tax for the period between 27th january 1964 to 31st of december 1964, the date previous to the date on which the ..... to on pages 1035 and 1036 of the report (bom lr): (at 99 193-194 of air) the learned judge is not considering the legislative history and practice on the topic of rate, but he is considering the topic of municipal taxation and, therefore, there is no conflict between the view expressed by gajendragadkar j and that expressed by the supreme court. ..... if, on interpreting the entries in the aforesaid manner, any conflict is found between the two sets of entries respectively falling in the two different lists, then, an attempt must be dame to reconcile the two entries, so .....

Vinaya Nair Vs. Corporation of Cochin

Court : Kerala

Reported in : AIR2006Ker275; 2006(3)KLT17

..... in such circumstances, we are of the view, marriage between the parties is a valid marriage solemnised following the provisions of the hindu marriage act and therefore the corporation is not justified in not registering the marriage. ..... petitioners have complied with all the conditions for a valid hindu marriage under section 5 of the hindu marriage act and that they had undergone all the ceremonies as provided under section 7 of the act and that they have solemnized the marriage at ernakulam a place to which hindu marriage act applies. ..... court interpreting sub-section (2) of section 1 of special marriage act and section.4 and section 4(e) of the act held that the marriages could be solemnized in india between any two persons whether both of them are indian nationals or one of them is a foreign, national or both of them are foreign nationals. ..... section 2 of the act states that the act applies to any person who is a hindu by religion in any of its forms or developments, which includes a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj. ..... sub-clause (a) of section 2(1) states that the hindu marriage act applies to any person who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj. .....

Rajesh Kumar Tripathi and Another Vs. State of M.P. and Another

Court : Madhya Pradesh

..... marriage was performed under arya samaj marriage validation act,1937 ..... counsel for the petitioners has argued that section 1(2) of the act of 1954 do not bar registration of marriage between indian citizen and citizen of any other ..... the act of 1954 does not bar registration of marriage between an indian citizen and a citizen of any other country and that section 15 of the act of 1954 also imposes no bar for registration of marriage between the citizen of india and citizen of any other country, in my considered view learned 4th additional district judge, jabalpur has committed error in dismissing the petitioners' appeal on the ground that since the petitioner no.2 is not a citizen of india, the marriage solemnized between petitioner no ..... 4th additional district judge, jabalpur vide impugned order dated 20.4.2012 though recorded a finding that the reasons for rejection of the petitioners' application for registration of marriage are not justified but declined to allow the appeal solely on the ground that the petitioner no.2 is not a citizen of india and as such the marriage between the petitioners cannot be registered. ..... no.17 of 2011 affirming the order dated 29.1.2011 and 18.7.2011 passed by the registration authority rejecting the registration of marriage of the petitioners under section 15 of the special marriage act, 1954 [hereinafter referred to as "act of 1954"]. 2. ..... the petitioners submitted an application before the registrar of marriages under section 15 of the act of 1954. .....

National Investigation Agency New Delhi Vs. Owais Amin @ Cherry

Court : Supreme Court of India

..... the jammu and kashmir arya samajist marriages (validation) act, iii of svt. ..... where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless upon complaint made by order or under authority from the state government or some officer empowered by the state government in this behalf, or (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, imprisonment for life or rigorous imprisonment ..... , 5 (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence, to which the provisions of section 196 apply, unless upon complaint made by order of, or under authority from the government or some officer empowered by the government in this behalf, or (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, life imprisonment or rigorous imprisonment for a term .....