Court : Patna
..... a discriminatory with other indian citizens as contemplated under the constitution of india and i feel that the legislative authority must think in the light of the inclusion of dissolution of marriage by mutual consent between the christian spouses also, when it is found that it is impossible to lead a conjugal life by christian spouses for various reasons which may not be available under the specific items or grounds contained for the purpose of seeking a decree of divorce otherwise the lives of young ..... 1.hence, this petition has been filed under section 10 of the indian divorce act seeking dissolution of marriage of the ground of adultery coupled with desertion and cruelty.besides the decree of divorce, the petitioner has further claimed for the cash amount which have been given allegedly to the opposite party no. ..... against each other and to some extent cruelty to each other and when the grounds of desertion and cruelty remained, although, not available independently without the charge of adultery, yet on discriminatory ground as contained under section 10 of the indian divorce act, i held that present case is a fit one to grant the decree of divorce. ..... now, here in this case, petitioner is the wife and she had filed the petition for divorce under section 10 of the indian divorce act seeking divorce on the ground of adultery coupled with cruelty and desertion.15. .....
Tag this Judgment!Court : Patna
..... is used or is capable of being used in relation to any goods, (he application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in section 4 of the trade and merchandise marks act, 1958 (43 of 1958), to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name, ..... work which, is used or capable of being used in relation to any goods, the application shall contain a statement to that effect and shall be accompanied by a certificate referred to in section 4 of the merchandise marks act that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name of any person or no application ..... copyright and which under its clause 13-a provides that if the work is an 'artistic work' which is used or is capable of being used in relation to any goods, the application shall include a certificate from the registrar of trade marks in terms of proviso to sub-section (1) of section 45 of the act, ..... clause 13-a of the said form provides that if the work is an 'artistic work', which is used or is capable of being used in relation to any goods, the application shall include a certificate from the registrar of trade marks in terms of proviso to sub-section (1) of section 45 of the act, rule 16(3) of the rules provides for giving notice by the applicants to every person, who claims or has any .....
Tag this Judgment!Court : Patna
..... religions shall not be permitted to operate to deprive hut for the operation of such laws, they would have been entitled', and whereas it will be beneficial to extent the principle of that enactment throughout (india), it is enacted as follows:section 1 provides as follows:law or usage which inflicts forfeiture of, or effect, rights on change of religion or lose of caste to cease to be enforced--so much of any law or usage now in force within india as inflicts on any person forfeiture ..... are not concerned with the other question decided in the aforesaid decision that in such a case the convert could not claim benefit of section 14 of the hindu succession act, since the same applies only to hindus and she was a muslim when the act came into ..... adyyathoral odayar (2) which takes the narrower view, the view, which in their lordships opinion is the correct view, namely, that the section in terms only applies to protect the actual person who either renounces his religion or has been excluded from the communion of any religion ..... that the properties inherited by parbatia became her absolute property, and since she was convert to christianity the properties upon her death, would devolve in accordance with the provisions of the indian succession ..... that was indeed a decision interpreting the provisions of the act, and i have respectfully agreed with the law laid down by ..... in matungini gupta ramratan roy (ilr 19 calcutta, 289) dealt with a question arising under the hindu widows marriage act 1856. .....
Tag this Judgment!Court : Patna
..... the conception of hindu marriage is totally different from that of muslim marriage or christian marriage. ..... the parties, this court felt that as the decree appealed against the ex-parte decree, there was no scope for the learned court below to-make an attempt for reconciliation between the parties as envisaged under section 23(2) of the act to save the matrimonial home, and as such, by order dated 13.12.1994 this court thought it better to have an attempt for reconciliation before this court itself and, accordingly, the parties were brought and ..... whenever a petition for mutual divorce is filed before a district court, then the court should make an endavour for reconciliation and for that purpose under sub-section (2) of section 13b of the act, time should be given for six months at lease for arriving at reconciliation or giving time to brood over the matter by both the spouses whether they should stick to the decision of mutual divorce ..... earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, ii the petition in not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce .....
Tag this Judgment!Court : Patna
..... with regard to the question of quantum of maintenance learned counsel for the opposite party further submits that section 36 of the indian divorce act is not attracted in the instant case as the said act is for the christians, whereas parties to this revision are hindus and are governed by the hindu marriage act, 1955 in which no such limitation of 1/5th of the salary is prescribed. ..... 27/96, by which the learned 1st additional district judge, begusarai had rejected the defendant's (wife) petition under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') for the sake of brevity).3. ..... it is also to be considered that the cost of litigation is a heavy burden on a wife who is facing dissolution of marriage and has no source of income of her own and also that the said cost occurs every month at least once. ..... so far the least contention of the learned counsel for the petitioner regarding litigation cost is concerned, the said matter is although not in issue here but it may be made clear that the provision of section 24 of the act does not say that the cost of litigation should necessarily be paid in lumpsum. ..... learned counsel for the petitioner also submits that as per section 36 of the indian divorce act the amount of maintenance per month cannot be more than 1/5th of the salary of the husband. .....
Tag this Judgment!Court : Patna
..... in my view, if the executant or attesting witnesses are not alive or available in relation to a document, the genuineness of which is disputed and mode of proof as required under section 69 of the act is also not possible, the court should raise a presumption under section 90 of the act in relation to due execution and attestation of document, if it comes to the conclusion that the document is such that it is likely to havebeen executed, having regard to the common ..... , their lordships are not surprised that the judges, both in the civil court and in the court of the judicial commissioner, exercised the discretion which is vested in them by section 90 by not admitting the document to evidence without formal proof, although it is more than thirty years old, and purports to come from the proper custody. ..... conditions were in existence, but genuineness of the document was disputed and the courts in india refused to mark the document as an exhibit under section 90 of the act and called the party for formally proving the document as in their opinion there was evidence in the case which raised great ..... executant or attesting witnesses are alive and available, or if they are dead or not available, but evidence is available for proving the document in accordance with the mode prescribed under section 69 of the act, then the court should not raise presumption under section 90 of the act and admit the document into evidence, but direct the parties to prove the document by leading evidence. 16. .....
Tag this Judgment!Court : Patna
..... the plaintiffs preferred an objection under section 83 of the chotanagpur tenancy act, 1908 but their prayer was rejected on technical ground. .....
Tag this Judgment!Court : Patna
..... the head quarter board awarded 49 marks to the petitioner which was below 60 per cent of 90 marks as required under clause 9 of the promotion policy for such promotion vide annexure-g. ..... policy it would appear that head quarter board was to consider the marks given by circle board and in appropriate cases enhance the marks so that the candidate may become eligible and not to reduce vide clause 12 of the promotion policy (annexure-g). ..... (v) as per the laid down guidelines for promotion as contained in annexure-g a forester in order to be eligible for promotion to the post of range officer, must obtain 60 per cent of the total marks of 90 against different heads as indicated in clause 9 of the aforesaid guidelines.5. .....
Tag this Judgment!Court : Patna
..... with respect to the petitioner and it has been found that no member of the family of the petitioner has been married in gond dominated adivasi area: it is further stated that the petitioner stays in urban area and marriages take place in his family according to hindu customs and rites; a further reason stated is that in the revenue khatian it has been found that the khatian no. ..... it has also been submitted on behalf of the petitioner that when the said entry in the revisional survey entry khativan of 2001 came to the notice of the father of the petitioner he filed an objection under section 3a of the bihar tenancy act, 2001 objecting to his surname and caste which has been wrongly shown as gor and seeking correction of the same as gond.4. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. this appeal is directed against order dated 21st september, 1994 passed by the district forum, hazaribagh in complaint case no. 112 of 94 in which the appellant here was the opposite party and the respondent here was the complainant before the district forum. 2. the facts of the case as put in by the complainant may be briefly stated. swarsati devi (wife of the complainant dr. braj kishore singh) had taken three policies against her life and she paid the premium in respect thereof till her death. the first policy was for rs. 35,000.00. the second policy dated 28.10.89 is for rs. 65,000.00. the third policy dated 27.3.91 is for rs. 75,000.00. swarsati devi died on 28.8.91 due to cancer of stomach. her death was reported to lic, the opposite party and the opposite party l.i.c. thereupon supplied to the complainant a form which was to be filed by him with details of the three policies and other details which the complainant did. thereafter the opposite party made payment with regard to the policy of rs. 35,000.00 on 3.3.93. so far the second and third policies are concerned the complainant was informed by the opposite party l.i.c. that the claim in respect of these policies will be decided after inquiry. the complainant waited for inquiry but no body came to inquire. the complainant sent reminders, but in vain. he also met the branch manager of the l.i.c. but this also did not bring any fruit and the claim of the complainant under these two policies was .....
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