Court : Allahabad
Reported in : 2009(1)AWC561
..... , we are of the considered opinion that where the additional district judge or the district judge in exercise of his original civil jurisdiction passes an order under section 24 of the act, 1955 granting ad interim maintenance in a district where family court had not been established, such an order granting ad interim maintenance would not be a case decided within the meaning of ..... we are of the considered opinion that the order passed by additional district judge under section 24 of the act, 1955 under his original civil jurisdiction can be challenged by the appellant under the power of superintendence before the high court under article 227 of the ..... arises for consideration in this appeal is that in a district where family court, under the family courts act, 1984, had not been established and the application under section 24 of the hindu marriage act, 1955 (hereinafter referred as the 'act 1955') is heard by district judge whether an appeal under section 19(1) of the family courts act or a revision under section 115, c.p.c. ..... , there can be no scope for doubt to hold that the instant appeal filed by the appellant under section 19(1) of the family courts act, 1984 read with section 28 of the hindu marriage act, 1955 is not maintainable and the appeal is accordingly dismissed as not maintainable. ..... as to whether the order passed by additional district judge under section 24 of the act, 1955 under his original civil jurisdiction could be challenged either under section 115, c.p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All147
..... at this place to note is that a voidable marriage can be annulled by a decree of nullity only when an application to that effect is moved under the act by one of the parties to the marriage.section 27 further provides that any marriage between two hindus solemnized after the commencement of the act is void if at the date of such marriage either party had a husband or wife living and the provisions of sections 494 and 495 of the penal code ..... of this section even the first wife cannot apply under section 11 for declaration of the second marriage as void but there is nothing in section 11 or in any provisions of the hindu marriage act which debars a person affected by the illegal marriage performed in contravention of clauses (i), (iv) and (v) of section 5 to file a suit in the civil court for its declaration as void. ..... this case that a suit filed by the first wife for declaration of the marriage between her husband with another lady to be null and void is not covered by the provisions of section 11 of the act and, therefore, she has the ordinary remedy under the civil law of filing a suit for declaration of the second marriage to be void. ..... by saying that the validity of a void marriage being in contravention of theprovisions of section 5(i) rend with section 11 of the hindu marriage act can be gone into at the instance of a third aggrieved party even after the death of one of the spouses to the marriage. 21 ..... xxv of 1955) a second marriage with a previous married wife living is null .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All336
..... once it is held that she had constructive knowledge of the divorce proceedings, she had to act promptly to take recourse to the remedy provided under the law. ..... learned counsel then contended that an application for the setting aside of the ex parte decree in a case under section 13 of the hindu marriage act would be dealt withas is laid down in order 9 rule 13 of the code. ..... it is correct to say that the proceeding under the hindu marriage act is to be conducted, as far as possible, in the manner laid down by the code ..... the provisions contained in the hindu marriage act and such rules as the high court may make in this behalf ..... section 15 of the hindu marriage act came for interpretation in a recent decision of their lordships of the supreme court, in the case of smt ..... learned counsel contended that once a decree for divorce has been passed under section 13 of the hindu marriage act, there is a right of appeal. ..... he had filed a suit for divorce under section 13 of the hindu marriage act, hereinafter referred to as the act. ..... in both the cases the court was interpreting the words 'the date of the collector's award' under section 18(2)(b) of the land acquisition act, 1894. ..... usual period of time for filing an appeal together with the provision of section 12 of the limitation act is available. ..... referred to the provisions of section 21 of the act. ..... counsel for the opposite party then contended that the provisions of the code have been made applicable to the proceedings under the hindu marriage act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All133; 1966CriLJ247
..... also on the ground that the other party has deserted him or her for a continuous period of not less than two years immediately preceding the presentation of the petition under section 10 of the hindu marriage act of 1955. ..... on these facts the learned magistrate rejected the application of rabindra kaur for enhancing her maintenance allowance and also passed an order cancelling his previous order of the 2nd of march 1955 granting her a maintenance allowance,2. ..... 25 per month granted in her favour on the 2nd of march 1955 be increased to rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2344
..... essential commodities and their production, supply and distribution and trade and commerce is controlled by the drugs and cosmetics act, 1940 and the rules framed thereunder, there remains no doubt that the explanation appended to sub-section (2) of section 3 of the act is attracted to the present case and the order of detention could not be legally passed. ..... 1955 (10 of 1955 ..... 1955 (10 of 1955 ..... of this sub-section, 'acting in any manner prejudicial to the maintenance of supplies and services essential to the community' does not include'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' as defined in the explanation to sub-section (1) of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodities act. ..... or indulgence in the production, supply and distribution of the alleged drugs should with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that act or other law, which. ..... to which provisions have been made in any such other law as is referred to in clause (a) ; with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat theprovisions of that act or other law aforesaid.'6. ..... that the report of the public analyst is still awaited- explanation appended to sub-section (2) of section 3 of the act reads as under :'explanation. ..... 1955 ..... 1955 ..... 1955, prohibition contained in explanation has no application in .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2286
..... injury will be caused to the petitioner even if the rate at which maintenance pendente lite allowed to her is less than what she is finally found to be entitled to under section 25 of the hindu marriages act or the provision for expenses of proceeding made under section 24 is found to be less than that allowable to her on the conclusion of the petition for divorce. ..... for the simple reasons that if the order is passed under section 25, at the time of passing of the decree, it becomes part of the decree which is again appealable under section 28(1) of the hindu marriage act and would be wholly outside the scope of section 115 which excludes orders and decrees in which appeal lies. ..... by virtue of sub-section (1) thereof, the decrees of a court in the proceeding under the said act are appealable as decrees made by the court in exercise of its ordinary civil jurisdiction and would he to such court where appeal ordinarily lies from ..... admittedly, any error, defect or irregularity in an order under section 24 of the hindu marriage act is not an order affecting the decision of the case within the meaning of section 105 of the code, that may be set-forth as a ground of objection in the memorandum ..... therefore, final adjudication of the application under section 24 of the act finally adjudicates the rights of the parties emanating from section 24 which conclusively decides the right of the parties with regard to maintenance pendente lite and cannot be a ground of attack in appeal within the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All94
..... adulterers as respondents nor had along with the petition filed a separate application supported by an affidavit as required by rule 6 (d) of the rules framed by this court (hereinafter referred to as the rules) in exercise of powers under sections 14 and 21 of the act giving reasons for his omission to implead as co-respondents the alleged adulterers, the petition was not maintainable and was liable to be rejected. ..... the view that the provisions of order 1, rule 10 (2) and order 6, rule 17 are inconsistent with rules 6 (a) and 6 (d) framed by this court and consequently have no application so as to empower a court trying a petition under section 13 of the act to permit amendment of the petition by addition of the adulterers as co-respondents once a petition not complying with these rules has been presented. ..... words 'decrees and orders' in section 28 have reference only to decrees and orders designated and described as such in the sections of the act mentioned above and not to various other interlocutory orders which a court must of necessity be called upon to pass during proceedings under it. 6. ..... the other hand learned counsel for the respondent urged that section 28 of the act permits appeals against 'all decrees and orders made by the court in any proceeding under this act', and since the order passed by the trial court undisputably was an order in proceedings under section 13 of the act, section 28 of the act in terms was attracted and the order of trial court was appealable. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All156
..... principal civil court of original jurisdiction, and includes any other civil court which may be specified by the state government by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act;'it will be seen that under clause (b) of section 3 of the act, the state government has been empowered to authorise various civil courts to function as 'district court' under the hindu marriage ..... position, therefore, is that in spite of the provision for appeals under section 28 of the hindu marriage act, there is no distinct provision for appeals from decrees of courts of small causes. ..... section 27 of the provincial small cause courts act states :'save as provided by this act, a decree or order made under the foregoing provisions of this act by a court of small causes shall be ..... 'it will be seen that, although section 28 of the hindu marriage act provides for appeals from decrees, no particular forum of appeal is mentioned in that ..... and section 27 of the provincial small cause courts act is that, no appeal lies from a decree of a court of small ..... section 28 of the hindu marriage act states :'all decrees and orders made by court in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time ..... stated in section 19 that every petition under the act shall be presented to the district court. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All359
..... dissenting from 4 nwp 46 (supra), it was held that section 511 was never meant to cover only the penultimate act towards completion of an offence and not acts precedent; if those acts were done in the course of the attempt to commit the offence, are done with the indent to commit it and done towards ..... the state having appealed against the order of acquittal, the bombay high-court held that the acts of the accused did in law amount to an attempt, for the actual transaction, the distinct overt act, was begun and carried through to a certain point but was not completed by reason of the accused's ..... while, in our view, it is not possible io give a precise or exhaustive definition of 'attempt' it may be broadly staged that an intentional act which a person does towards the commission of an offence but which fails in its object through circumstances independent of the volition of that person is ..... on constituting the attempt were done with intent to commit the complete offence, and as one or more of a series of acts or omissions directly forming some of the necessary steps towards completing that offence, but falling short of completion by the intervention of causes outside the volitions of the accused, orbecause the offender of his own ..... (s) air 1955 trav-co. ..... : [1955]28itr941(sc) ..... 10 of 1955) the object of which, as mentioned in the preamble, was to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce in, .....
Tag this Judgment!Court : Allahabad
Reported in : 1966CriLJ202
..... or under section 7 of the essential commodities act, 1955.13. ..... it is however to be noted that for reasons best known to the prosecution, the applicant was never prosecuted for an offence punishable under section 7 of the essential commodities act, 1955,12. ..... coal control order provides that if any per-son contravenes any of the provisions of the said order he shall be punishable under section 7 of the essential commodities act, 1955. ..... the aforesaid order was made by the state government under the powers delegated to it under section 3 of the essential commodities act.1955. ..... the punishment provided under section 7 of the essential commodities act, with regard to an offence committed in respect of coal is of imprisonment or fine or both. ..... to the public or to any person, causes the destruction of any property or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits 'mischief..explanation 2--mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.15. ..... there can be no doubt -that the act of the applicant in disposing of the coal was dishonest or fraudulent. .....
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