Court : Allahabad
Reported in : AIR1970All396
..... the leaving of this discretion with the executive authorities imports the vice of discrimination into the provisions of the act, because it enables the executive to pick and choose dealers who may or may not be prosecuted under section ..... , the petitioner filed an appeal under section 6-c of the essential commodities act the commissioner affirmed the findings and dismissed the appeal on 28-12-1967. 2 ..... 25th august, 1967, the collector, meerut, issued a notice requiring the petitioner to show cause why the seized goods be not confiscated under section 6-a, essential commodities act, for contravention of conditions 9 and 9-a of the aforesaid licensing order. ..... it cannot therefore, be said that the scheme of the act contemplates any discrimination between various dealers who may have contravened an order under section ..... it is true that the act does not provide for any penalty upon the executive authorities for failure to prosecute a dealer for a contravention of an order under section ..... my opinion, the question of law does not arise because the construction placed by the learned counsel for the petitioner on the various provisions of the act does not appeal to me. ..... under section 7 of the act, a per-son, who contravenes any order made under section 3, is punishable with the penalties mentioned in its various ..... 6-d provides that the award of confiscation under this act by the collector shall not prevent the infliction of any punishment to which the person affected is liable under this act. 4. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All337
..... is one of the grounds which may bring about a break down of marriage, but what should be the nature, degree and extent of cruelty which would make it actionable under section 13(1a) of the act, would depend on the capacity of the petitioner for endurance. ..... the respondent must be shown to have committed the imputed act of cruelty 'persistently or repeatedly' and the nature, degree and extent of cruelty was such as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the ..... statutory provisions were included in the divorce reforms act, 1969 with a view to facilitating reconciliation in matrimonial ..... section 18 of the hindu adoptions and maintenance act, 1956 enables the wife to secure separate residence with maintenance on the establishment of 'cruelty' inflicted by ..... under the hindu marriage act the aim of reconciliation as provided in sub-section (2) of section 23 is a means to the overriding end of ..... similarly, under section 9 of the act the claim for restitution of conjugal rights may be resisted on the ground of 'cruelty' of such a nature ..... section 13 is not thus restricted to acts of physical violence, but it also covers cases of such mental torture as would cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious to the petitioner to live with the ..... therefore, filed a petition under sections 10 and 13 of the hindu marriage act for the aforementioned reliefs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All420
..... any new industrial undertaking, except under and in accordance with a licence issued in this regard by the central government section 13 of this act empowers the central government to make rules for securing the purposes of this act covering matters which may be taken in the granting of licences including previous consultation by the central government with the advisory council or the development ..... pressnote speaks of a decision on the part of the government to grant industrial licence under the industrial (development and regulation) act, 1951, for the establishment of expansion of sugar factories in areas of assured sugurcane availability with potential for further development of ..... the petitioner had made an application to [he authorities under section 11 of the industrial development regulations act for gram of licence at hussainpur on 7-7-1993 and, till such tune, there were no other applicant for the site at hussainpur and, therefore, the recommendation of the committee in favour ..... ' the law relating to sugar factories contained in section 16 of this act says that the state government may, for maintaining supplies, regulate the distribution, sale or purchase of cane in a reserved or assigned area and may also regulate purchase of sugarcane in that area other than ..... 326/93-il) for a licence under the industries(d&r;) act, 1951 for the manufacture of sugar falling under scheduled ..... the rules framed under the above act are known as the u.p: sugarcane (regulation ofsupply and purchase .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All334; (1961)IILLJ247All
..... in effect, therefore, the second clause really provides an additional restriction on the right guaranteed by the first clause.it follows that if some of the sections of the hindu marriage act have been enacted as a measure of social welfare and reform nothing in the first clause of article 25 can be allowed to affect that enactment. ..... by the writ petition which has given rise to this appeal the appellant challenged the validity of rule 27 of the government servants' conduct rules as well as the provisions of the hindu marriage act which prohibited bigamy on the ground that they infringed the freedom of religion guaranteed by article 25 of the constitution. ..... we, therefore, find no difficulty in agreeing with the learned judge that the provisions of the hindu marriage act which are being challenged in this case do not infringe article 25 of the constitution and are clearly protected by clause (2) (b) of it. ..... by that time the hindu marriage act had come into fores which prohibited a second marriage during the life time of the first wife.the permission sought for by the appellant was, therefore, refused. ..... conditions of the appellant's service and as long as he was in the service of the state he was bound to obey the rules and that no general declaration could be granted about the invalidity of the provisions of the hindu marriage act.4. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All338
..... the main contention of the learned counsel for the defendant-appellant was that in a suit under section 10 or 13 of the hindu marriage act, no decree could be passed on the basis of the compromise or consent and therefore the decree passed by the lower appellate court on the basis of the compromise was without jurisdiction and, as such, it should be set aside. ..... my above opinion that a decree for dissolution of marriage cannot be passed by the consent of the parties under the hindu marriage act is also supported by a division bench case of this court in smt. ..... the other question which, was raised in this appeal by the learned counsel for the appellant was that the decree being passed on the basis of a compromise against the provisions of the hindu marriage act, it was liable to be set aside in this second appeal. ..... his argument was that the hindu marriage act provided a right of appeal under section 28 but the procedure had to be followed as laid down in the code of civil procedure and as the decree was passed on a compromise and as it was a consent decree, therefore, this decree was ..... this is an appeal by the defendant-appellant arising out of the following facts:the plaintiff-respondent filed a petition under sections 10 and 13 of the hindu marriage act for dissolution of marriage and a decree for divorce. ..... this is what the act does not contemplate and therefore a decree for dissolution of marriage can be passed only on the grounds mentioned in sections 10 and 13 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All474
..... 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 within this act;'an application for divorce has to be moved on a petition under section 19 before district court on the grounds enumerated in section 13. ..... the applicant had filed an application for divorce under section 13 of the hindu marriage act and in the alternative for judicial separation on the ground of desertion, cruel treatment, callous behaviour of the opposite party and leading an immoral ..... his further contention is that in spite of a notification under section 3(b) of the hindu marriage act conferring power on the trial court, the judge small causes court had no jurisdiction to decide the application for divorce, because article 37 of schedule ii expressly excludes the jurisdiction of the court of small causes ..... his contention is that section 28 of the hindu marriage act provides an appeal from the decree of the trial court and the power of an appeal provided by the special act could not be taken away because the decision was given by a judge who was described as judge ..... item 37 of schedule ii of the provincial small causes courts act excludes the jurisdiction of the small causes court in respect of a suit for restitution of conjugal rights, for custody of a minor or ..... section 3(b) is authorised to invest jurisdiction under the act to any other civil court as well. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All131
..... the scheme of the above section is that during the proceedings under section 13 of the act and except on the grounds mentioned in the section, if the court considers it just having regard to circumstances of the case, it may pass a decree for judicial separation, instead a decree ..... divorce (1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife^ be dissolved by a decree of divorce on the ground that the other party ..... to substantiate his argument he has drawn my attention to section 23-a of the act, wherein it is specifically mentioned that the respondent in any of such petitions under the act may oppose the relief on any of the grounds, viz. ..... there is no bar in any of the provisions of the act not to seek alternative reliefs and no general discretion is vested in the court to ..... petition under section 9 hindu marriage act (in short the act) was filed on 28th sept ..... made in the petition is in conformity with sub-section (ib) of section 13 of the act which is being reproduced as under : --'13. ..... in any proceeding under this act, on a petition for dissolution of marriage by adecree of divorce, except on so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances ..... also placed reliance on section 13-a of the act which is being reproduced as under : --'13-a. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All575
..... in shesh narain's case, air 1967 all 156 (supra) took the view that a decision of the small cause court judge in a petition under the hindu marriage act could only be subjected to revision under section 25 of the act and not by appeal it was accepted that the petition was properly filed before the court of small causes. ..... not have been tried by the small cause court judge, but when he tried it, as he had been empowered as a district court within the meaning of the hindu marriage act, he was acting not as a court of small causes but as a judge taking cognizance of a suit of a civil nature. ..... has admitted that, by a government notification, the judge, small cause court varanasi, came within the category of a 'district court' under the hindu marriage act aad he was thus empowered to dispose of the present petition before him. ..... him as a district court within the meaning of the hindu marriage act could be subjected to appeal under section 96 of the code of ..... court judge of varanasi had been empowered to act as a 'district court' within the meaning of the hindu marriage act and he could take cognizance of a petition ..... petition for judicial separation under section 10 of the hindu marriage act was dismissed by the judge small cause court, kanpur. ..... section 19 of the hindu marriage act says that every petition under the act 'shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnised or the husband and wife .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All130
..... in that event it would have provided :'where in any proceeding under this act it appears to the court that the petitioner had no independent income sufficient for her or his maintenance and for meeting the expenses of the proceeding, it may order ..... the intention of the legislature was that in a proceeding under the act if any of the spouses is not in a position to support herself or himself and to meet the expenses of the proceeding that spouse should be provided with maintenance and expenses by the other spouse who is in a position to do so, so that ..... urged by counsel for the applicant that section 24 of the act contemplates grant of expenses only to the petitioner in the main petition ..... as hereunder : --'where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding it may, on the ..... the instant case started with the making of the application under section 9 of the act by the applicant. ..... filed a petition under section 9 of the hindu marriage act (hereinafter referred to as the act). ..... court was justified in directing the applicant to pay monthly maintenance with effect from the date when he had made the application under section 9 of the act.3. ..... by counsel for the applicant that the trial court has committed an error in allowing the maintenance from the date of the institution of the petition under section 9 of the aforesaid act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All253
..... clause (ia) was added to section 13(1) of the act and the ground provided now is that the other party 'has after the solemnization of the marriage treated the petitioner with cruelty ..... the test, i am satisfied that the courts below rightly held that 'cruelty' as referred to in section 13(1)(ia) of the act has been duly proved. ..... the amendment act deleted the entire section 10(1) of the act and substituted it with the present sub-section, which provides that either party to the marriage may present a petition for judicial separation on any of the grounds specified in sub-section (1) of section ..... 'cruelty' referred to in section 10(1)(b) of the act had to be of a nature as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious to the petitioner to live with the other ..... air 1975 sc 1534, considered cruelty as referred to in section 10(1)(b) of the hindu marriage act prior to its amendment by marriage laws amendment act, 1976. ..... held that cruelty under section 13(1)(ia) of the act has been proved. 5. ..... passed by the lower appellate court confirming the judgment and decree passed by the trial court whereby the petition for divorce under section 13(1)(ia) of the hindu marriage act was allowed. 2. ..... she lodged a report against the respondent and his relations for offences under section 307/406/34 ipc and also under section 4, dowry prohibition act, 1961. ..... am unable to accept that proved facts do not amount to cruelty under section 13(1)(ia) of the act. .....
Tag this Judgment!