Judgment Search Results Home > Cases Phrase: citizenship act 1955 Court: madhya pradesh Page 9 of about 3,434 results (0.083 seconds)

Smt. Alka Sharma Vs. Abhinesh Chandra Sharma

Court : Madhya Pradesh

Reported in : AIR1991MP205; I(1992)DMC96; 1991(0)MPLJ625

..... rigour to a contract of marriage; but there can be no reason as to why the fundamental principle so well known in the law of agency, namely qui facit per alium facit per se, that is, he who acts through another acts himself, shall not apply where, as here, the petitioner has held out his father as the authority to finalise the negotiation and to select the bride and has not disputed that the father ..... , but before doing so one thing has to be further made clear that a degree of mental illness sufficient for grant of a decree of divorce may not be the same for nullifying a marriage under section 12 of the act, the reason being obvious, that nullification or avoidance of marriage at the first available opportunity on the ground of mental illness of the other party is with a purpose to permit the aggrieved party to rejet as unfit the other ..... i have to keep in mind that marriage laws (amendment) act, 66 of 1976 has introduced farreaching changes in the original act of 1955 and the provisions regulating the relationship of marriage between the hindus has been, to a very large extent, liberalised, keeping in view the recent modern trends on the subject all ..... by the wife/respondent under section 28 of the hindu marriage act, 1955 (hereinafter referred to as 'the act'), against the decree dated 5-5-89 passed by the court of second additional judge to the court of district judge, raipur, declaring her marriage with the respondent/ wife as nullity under section 12(1)(b) and (c) of the act. .....

Badri Prasad Vs. Smt. Urmila Mahobiya

Court : Madhya Pradesh

Reported in : AIR2001MP106; 2001(3)MPHT14; 2001(2)MPLJ631

..... iv additional district judge, jabalpur, whereby the application of the plaintiff/appellant under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the 'ad* for short) was dismissed, but he was directed to pay rs. ..... jawaharlal dhawan, (1993) 3 scc 406 = 1993 air scw 2548,wherein it has been laid down that the decree in the context of section 25 ofthe act refers to any decree provided for under sections 9 to 14 of the actdisrupting the marital status, but does not include any order dismissing thepetition under any of those sections resulting in the continuance ..... to this appeal, staled in brief, are that the appellant/husband filed a petition under section 13 of the act praying for a decree for divorce on the ground that the respondent/wife treated the husband/petitioner with cruelty. ..... direct that an amount be paid by one spouse to another, which may be in the form of a gross sum or may be directed to be paid by monthly or periodical basis, the order of permanent alimony granted under section 25 of the act may be rescinded, upon proof of remarriage or unchastity of the party, in whose favour the maintenance was granted.8. ..... above, the only question that arises for consideration is : 'as to whether permanent alimony under section 25 of the act could be granted, even after the dismissal of the application for divorce ?'6. ..... the word 'decree' in the section, was with reference to decrees under the provision of the act, which put an end to the marital status of the parlies. .....

Sanjay Kumar JaIn Vs. Ms. Maya Jain

Court : Madhya Pradesh

Reported in : II(2000)DMC766

..... in a suit filed by the husband against the wife seeking a decree of divorce, the wife made an application under section 24 of hindu marriage act, 1955 for grant of maintenance and litigation expenses. .....

All India Bank Officers. Vs. State Bank of India and Others.

Court : Madhya Pradesh Jabalpur

..... as public interest litigation the petitioners have challenged the action of the respondents no.1, 3 and 4 acquiring the business of the respondent no.2 under section 35 of the state bank of india act, 1955 [hereinafter referred to as `the 1955 act'] after declaring sub-section (13) of section 35 of the 1955 act as partially ultra vires and further have prayed for staying the proceedings pertaining to acquisition of the state bank of indore by the state bank of india under the aforesaid provision vide ..... senior counsel for the respondent no.1 while opposing the submissions made on behalf of the petitioners submitted that except the question with regard to validity of section 35(13) of the 1955 act, all the reliefs were subject-matter of writ petition which was filed before the indore bench of this court and it was dismissed by the learned single judge. ..... , during course of arguments a query was put to the learned counsel for the petitioner with regard to challenge to vires of section 35(13) of the 1955 act, he fairly submitted that the writ petition has not been drafted by him and, therefore, there is no effective pleading to that effect in the writ ..... arya, learned senior counsel for the respondent no.2 has drawn our attention to various provisions of the 1955 act as well as provisions of the 1959 act and submitted that section 2(h) of the 1955 act which defines the expression `subsidiary bank' was incorporated in the 1955 act by way of an amendment which came into force on 10-9-1959. .....

Puranchand and anr. Vs. Anandi Bai

Court : Madhya Pradesh

Reported in : AIR1978MP32

..... -- (1) where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provisions of this act, then, notwithstanding anything contained in any other law, such person shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on thesame terms and conditions as to payment of rent ..... control act, 1955. ..... it is also held in this case that period of two years mentioned in proviso to section 29(1) of the act will have to be counted from the date of the sale certificate and not from the date of the provisional transfer or provisional delivery ..... of arrears of rent was served on the defendant-respondent and admittedly she did not pay rent within the prescribed time, the objection under section 29 of the displaced persons (compensation and rehabilitation) act, 1954 will not be available as provided for in proviso to sub-clause (a) of clause (1) of section 29 ibid. 7. ..... be doubted that the right of a landlord under the accommodation control act to recover rent is different from acquisition of title in the property. ..... of rent due after the date of the transfer within one month of the date on which a notice of demand has been served on him by the transferee in the manner provided in section 106 of the transfer of property act, 1882; (b) x x x x (c) x x x x (2) the central government may...... .....

Abdul Rashid Khan and ors. Vs. Mahila Kamla and anr.

Court : Madhya Pradesh

Reported in : 2004(3)MPHT402; 2004(3)MPLJ91

..... land revenue code, 1959 and it was executed when rajasthan tenancy act, 1955 (hereinafter referred to as 'act') was in force. ..... if the aforesaid provisions of the said act is tested on the touch stone of the present factual scenario it would reveal that not only plaintiff chandhukhan but his witness kalu khan (p.w. ..... 'section 46 of the said act speak about letting or subletting in exceptional cases which read thus :--'46. ..... section 44 of the said act says about right to let or sub-let which reads as under :--'44. ..... right to let or sub-let-- a holder of khudkasht may let and a tenant may sublet the whole or any part of his holding subject to such restrictions as are imposed by this act. ..... ''(2) whether gowardhan was not a disabled person and not entitled to lease out the agricultural holdings to the plaintiffs under rajasthan tenancy act ?'6. ..... the appellants initiated the proceedings before the revenue court for possession and for declaration of occupancy right and for mesne profit under sections 91, 163, 188 of rajasthan tenancy act. .....

Neeta Vs. Dinesh Kumar

Court : Madhya Pradesh

Reported in : I(1995)DMC640

..... the marriage last resided together 5 or (iv) the petitioner is 'residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive).has no relevancy at all.7. ..... learned counsel shri puntambakar, appearing for petitioner referred to provisions of section 19 of hindu marriage act, 1955 (hereinafter referred to as act); so also he pointed provisions of order 14 rule 2 c.p.c. ..... it being a matrimonial petition it has to be decided as early as possible, and it is to be seen, keeping in view the spirit in which hindu marriage act has been enacted, that the wife should not be put to hardship in contesting the matrimonial petition if she happens to be respondent. ..... that :---every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--(i) the marriage was solemnised; or (ii) the respondent, at the time of the presentation of the petition, resides; or (iii) the parties to ..... that would be hardship, inconvenience as well as expenditure which can not be compensated by an order of interim alimony and cost of litigation which can be passed in view of section 24 of the act.12. .....

Maya Gohiya W/O Prem Lal Gohiya Vs. Prem Lal Mangal Singh Gohiya

Court : Madhya Pradesh

Reported in : 1990MPLJ362

..... brought an action against her husband premlal under section 13 of the hindu marriage act, 1955 (for short the 'act') for seeking a decree of divorce on the ground of cruelty etc. ..... suffice to say that since the application has been filed under section 13(1)(ia) of the act taking a ground of cruelty and as discussed above, 'cruelty' under the facts and circumstances of the case, as discussed above, is covered and necessary result of 'impotency' in the opinion of this court, the trial court ..... examination of premlal to ascertain as to whether he is potent and capable to consummate the marriage, in real sense is not required in the instant case, as the petition has been filed under section 13 of the hindu marriage act wherein impotency is not a ground for nullifying the marriage between the spouse. ..... maya gohrya squarely falls within the meaning of section 13(1)(ia) of the act then how the wife is being treated with cruelty by the husband, has to be proved for getting the marriage annulled and since 'impotency' of husband amounts to cruelty, therefore, it is necessary, that the ..... in the instant case, has repelled the submission of the applicant/wife on the ground inter alia that the case has not been set up under section 12(a) of the act and that the application was belated one. ..... bai and as such incapability of performing sexual act amounts to cruelty on the part of her ..... bare perusal of the provisions of section 13 of the act postulates that ground of impotency is not available for annulling .....

Deepak Natkar Vs. Deepali Natkar

Court : Madhya Pradesh

Reported in : II(1996)DMC506

..... the appellant presented a petition under section 13(1)(ia) and (ib) of the hindu marriage act, 1955 (for short 'the act') on 1.12.1987 in the court of district judge, shajapur for dissolution of marriage by decree of divorce. ..... dissatisfied, the husband filed the first appeal under section 28 of the act against the order of refusal to grant decree of dissolution of marriage by divorce. ..... , held as under :'thus, the finding that the appellant acted with gross negligence arrived at by the learned single judge, with which this court agrees, is purely a finding of fact which cannot be made a subject of challenge in the present appeal. ..... the court, acting reasonably and judiciously, has to assess the justness of the cause, as presented, and to adjudge as to who has wronged and who is wronged. ..... the learned single judge concluded as under :'therefore, considering the overall evidence, the cumulative effect of all the circumstances and the conduct of the parties, the petitioner has not proved the acts complained of. .....

Anita Vs. Chhail Bhihari

Court : Madhya Pradesh

Reported in : II(1996)DMC715

..... the respondent/husband filed the instant matrimonial case under section 9 of the hindu marriage act, 1955 against the appellant/wife for restitution of conjugal rights on the plea that the appellant/wife had withdrawn herself from his company from 4.11.1994 without any rhyme or reason and she had also ..... the appellant/wife appeared in the case and moved an application under section 24 of the hindu marriage act for maintenance pendente lite and expenses of the proceedings. ..... trial court that 20.4.1995 was the date fixed for filing the written statement by the appellant and the rejoinder by the respondent to the application filed by the appellant under section 24 of the hindu marriage act. ..... on 20.4.1995 the trial court hurriedly proceeded with the suit in absence of the appellant and dacreed the suit ex-parte, rejecting the application filed by the appellant under section 24 of the hindu marriage act. ..... the case was adjourned to 20.4.1995 for filing written statement by the appellant and the rejoinder by the respondent to the petition filed by the appellant under section 24 of the hindu marriage act. .....