Court : Kerala
Reported in : AIR1999Ker192
..... lj 1527) a division bench of this court held that the decision of the archdiocesan tribunal and the epharchial tribunal do not in any way affect the civil rights of the parties arising out of the marriage between them duly solemnized in accordance with section 5(1) of the indian christian marriage act, 1872 by a minister of the church who had received episcopal ordination and the marriage becomes null and void only on the passing of the decree of nullity by the court. 23. ..... . under section 3 of the travancore christian guardianship act the legal guardian is father and if father is not alive mother is natural guardian ..... . the 1st respondent as rw1 has deposed that she was not willing to marry the petitioner and she consented for the marriage only due to the compulsion of her father and other relations and she has disclosed that fact to the petitioner even before the marriage and therefore the petitioner began to behave cruelly towards her from the 1st day of the marriage ..... . as already noted the allegation that the marriage between the respondents on 14-4-1996 is known to the petitioner and even though he has consented for or connived at the marriage between the respondents, he pretended ignorance of the same and as such adultery cannot be fastened upon the respondents, is also not sustainable ..... . the further question to be considered is whether the petitioner was instrumental, consenting or connived at the marriage of the 1st respondent with the 2nd respondent .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker326
..... argument that the suit brought on 23-3-1951 would have been in time is to hold that the mortgagee had not twelve years but twelve years and one day to sue.under section 12(1), limitation act, the day to be left out of count is the day from which the period of limitation is to be reckoned. ..... after referring to the conflict of decisions bearing on the question, in the commentaries to section 25, rustomji's law of limitation (fifth edition, 1939) contains the following passage at page 492volume i:'the better view, however, appears to be that section 25 of the limitation act is unconditional, that if a question of limitation arises, the instrument must be deemed to have been made with reference to the gregorian calendar, the intention of the parties being ..... that the period of four months was, for the purpose of ascertaining whether the suit was barred by lapse of time, to be calculated according to the gregorian calendar, under section 25 of the limitation act xv of 1877, and that the claim was not barred. ..... ) 2 qb 264 (r)), the english common law has evolved two perfectly clear principles and they are the principles which i conceive that the draftsman of the indian general clauses act intended to embody in the sections (section 3, sub-section 12 & section 9) which i have quoted. ..... there it was held that the applicability of section 25, limitation act, depends on interpretation in each case and that the section does not apply where the parties have agreed that the time must run from a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker352
..... learned counsel for the appellant finally said that even assuming cruelty and desertion, capable of sustaining a claim for judicial separation under section 22 of the divorce act, have not been made out within the meaning of section 33 of the indian divorce act by the wife in answer to the husband's petition under section 32 for restitution of conjugal rights, still there was a discretion available to court to disallow the petition, on account of the husband's lack of sincerity ..... nainan, air 1953 mad 792:'making statements of othello-like jealousy against a wife will not amount' to cruelty under section 10 though deliberate attribution of immorality to a wife with named persons will certainly entitle the wife to resist a petition for restitution of conjugal rights filed by the ..... the husband would have it that his father-in-law brought it about without his consent and knowledge because of some money dispute while the wife would say that she took the step being compelled to do so on account of the physical and mental torture she had been subjected to, at the hands ..... section 33 of the indian divorce act says:'nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be ground for a suit, for judicial separation or for a decree of nullity of marriage. ..... the husband then filed petition dated 19-3-1953 under the guardians and wards act for custody of the children but without success right up to the high court -- vide ..... are jacobite syrian christians. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker156
..... whether the word 'navaratna' a descriptive word in ayurvedic medicines, has, by the firm's long user, 'acquired such a secondary distinctive meaning asto justify its being registered as the firm's trade mark under section 6 of the trade marks act, 1940; and whether the name 'navaratna pharmaceutical laboratories' has been correctly registered as the firm's trade mark, so as to justify the firm claiming injunction against imitation of ..... the house of lords held that even though the mark might have acquired such distinctiveness, the registrar of trade marks in considering whether it fell within section 9(1) (e) of the trade marks act, was still bound under sub-section (3) to have regard to the extent to which it was 'inherently adapted to distinguish' the goods in question; and, inasmuch as it was not ..... in this connection, it if well to remember that the word was registered as the trade mark under section 6 of the cochin trade marks act, which is similar to section 6 of the indian trade marks act, 1940, and reads as follows:-- ''6 (1) a trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars namely:-- (a) the name of a company, ..... 233 of 1951 asking lor an injunction, had by then been filed in the district judge's court, and section 72(a) of the trade marks act, 1940, provides that if any suit or other proceedings concerning the trade mark in question be pending before a high court or a district court, the application .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker365
..... observed : 'this shows that the roman catholic christian of, the latin rite or the protestant christian, who claims that section 30 applies to him, must establish that he belongs to a class of the roman catholic christians of the latin rite or to the protestant christians living in the taluks mentioned in the section and must also prove that the customary usage among the class to which he belongs is that the male and female heirs of an intestate share ..... , agreeing with the learned chief justice, observed: 'it is evident from section 30 of the christian succession act (act ii of 1092) that the custom applicable to certain classes of the roman catholic christians of the latin rite and also to certain protestant christians has been preserved only to the extent of retaining the usage among them for the male and female heirs to share equally in the property of the intestate and not to ..... christian succession act referred to above are, therefore, repugnant to the continued existence of the custom that women of these particular communities to whom streedhanam has been paid have no further claim upon their father ..... catholics of karunagapally taluk, married daughters who have been given streedhanam on marriage are entitled to any share in the properties of their deceased parents. ..... i/8th share belonging to his deceased mother in her father's properties, alleging that according to the custom prevailing in the community, all children are entitled to equal shares in their father's properties. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker102
..... on these averments the petition was presented under section 10 of the indian divorce act for the dissolution of the petitioner's marriage, on the ground that the first respondent has been guilty of adultery. ..... this is a reference under section 17 of the indian divorce act for confirmation of the decree for the dissolution of a marriage. ..... a, 10 stating that though the allegations were believable, no divorce could be had as the christian religion did not sanction it. ..... for the above reasons, the decree of the district judge dissolving the petitioner's marriage is hereby confirmed. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker39
..... (i) they were denied access to temples frequented by the caste hindus; (2) they were suffering from the disability of untouchability and unapproachability; (3) their bathing in tanks was considered to pollute the waters therein (4) inter-marriage between the ezhavas and other hindus, even of the sudra caste, such as nairs, is generally viewed with disfavour; (5) their traditional occupation is manual labour and toddy tapping; and (6) they were late-comers ..... these measures, (the temple entry proclamation, throwing open hindu temples to all classes and the enactment of the civil marriages act were important milestones in the path of progress), the uplift work carried on by the christian and hindu missions, caste barriers have broken down, so that today caste is no longer the controlling feature of ..... the supreme court in the mysore case, action to be taken under article 15(4), is really with a view to advancing the cause of the weaker sections of the citizens, which sacred duty is cast upon the government concerned, by the directive principles enunciated in article 46 of the constitution. ..... right is given to a child of a government servant to apply either from his native district or from the district where his father or mother may be working as a government servant at the time of sending the application. ..... one can readily appreciate that a father or mother, who is a registered medical practitioner, may like his or her children to follow in his ..... object and a wish of the father or mother. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker220
..... in paragraph 16 of that judgment the learned judges have considered several earlier decisions, which indubitably indicate that prior to the christian succession act the daughter was not entitled to any share in the properties of the father or the mother if a son was alive. ..... under the travancore christian succession act, admittedly, if a daughter is given stridhanam, she is not entitled to any further right in the property left by her father or mother. ..... it is then contended that the right the daughter loses on taking stridhanam is the right in the property of the rather; and since the property in this case belonged to the mother who predeceased the father, the appellant is entitled to her share in the mother's property. ..... a syrian christian (nazarani christian) by name mathai married his first wife, eley, by whom two children were born a son and a daughter, the son being the respondent and the daughter being mariam, from whom the appellant purchased ..... , prior to the christian succession act.4. ..... it is contended by the appellant's learned counsel that the position was probably different prior to the christian succession act. ..... , after the marriage of mariam, and ex. ..... it has come out in the evidence that mariam was given stridhanam at the time of her marriage in 1908. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker77; [1966]60ITR737(Ker)
..... 'the argument of the petitioners' counsel under article 14 was, that whereas the terms 'individual' and 'hindu undivided family' are units of assessment under section 3, non-hindu undivided families, such as moplah marumakkathayam tarwads in north malabar and elsewhere and christian joint families following the hindu 'law in mysore and coorg and elsewhere, are not such units, not being comprehended by the terms 'individual' and 'hindu ..... to the enactment of the madras marumakkattayam act, 1932, and the mappilla marumakkattayam act, 1939, the mapilla tarwad and the nair tarwad stood more or less in the same position except as regards marriage, divorce, succession to separate property etc.we find that on important matters like the right of division and the quantum of share, the tarwad, hindu or muslim in malabar, differs substantially from the hindu undivided family. ..... the supreme court concluded that the competitions sought to be controlled and regulated by the act are only those in which success did not depend to any substantial degree on skill, assuming however, that the definition in section 2(d) of the act comprised even competitions in which success depended to a substantial degree on skill, the supreme court observed:'the conclusion is therefore, inescapable that the impugned provisions, assuming that they applied by virtue ..... , ilr 29 mad 62 it was held, that the members of a moplah tarwad can divide property by mutual consent, though no suit for compelling a partition will lie. .....
Tag this Judgment!Court : Kerala
Reported in : [1967]66ITR250(Ker)
..... that is challenged in this writ application.though the order of assessment has been passed a few days after the income-tax act, 1961, became law and, though the order, exhibit p-1, refers to section 217 of that act, i will be referring to the provisions in the indian income-tax act, 1922, as it is admitted that there is no material difference, in regard to the matters arising for determination ..... this case, between the provisions in the two acts.counsel on behalf of the petitioner urges that the order, exhibit p-1, apparently passed in exercise of the powers under section 154 of the income-tax act, 1961, corresponding to section 35 of the indian income-tax act, 1922, is without jurisdiction in that there was no error apparent on the face of the record justifying action being taken under ..... tax officer finds that no payment of tax has been made in accordance with the foregoing provisions of this section, interest calculated in the manner laid down in sub-section (6) shall be added to the tax as determined on the basis of the regular assessment'and urged that this section is imperative that interest should be charged in the assessment order and that from the mere fact that no ..... the argument is that it can quite as well be that he exercised his discretion to waive the interest conferred on him by the proviso to section 18a(6) and the question as to whether the circumstances mentioned in rule 48 referred to above have or have not been satisfied, it is said, cannot be determined without a process .....
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