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Shantakumari Vs. R.Venkatasubramani

Court : Chennai

..... allegations made by the wife in the counter are not relating to cruelty but about the indifference attitude of the husband and without appreciating the different between indifference behaviour and cruelty, the lower appellate court erred in holding that the evidence of the wife and the allegations made in the counter by the wife would prove that she treated the husband with cruelty and therefore, the husband is entitled to the ..... when the husband was silent about their relationship during that period and the wife alleged that she was living with her husband during the week ends, the lower appellate court ought to have accepted the case of the wife, as she has given evidence as per the pleadings and the husband has not pleaded anything about the desertion in the petition. ..... " 15.in the very same judgment, the hon'ble supreme court observed that normally the burden lies on the petitioner to establish his or her plea that the respondent had meted out cruelty to the petitioner and that the standard of proof required in matrimonial cases under the act is not to establish the charge of cruelty beyond reasonable doubt, but merely one of weighing the various probabilities to find out whether the preponderance is in favour of the ..... r.venkatasubramani : respondent prayer in cmsa no.38 of 2008: this civil miscellaneous second appeal under section 100 c.p.c, r/w. ..... prayer in cmsa no.39 of 2008: this civil miscellaneous second appeal under section 100 c.p.c, r/w. .....

Mrs. V. Nalini Kumari and Others Vs. Union of India, Rep. by – Mi ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... would further submit that the request for maintenance cannot be sustained before this tribunal for which the applicant should go to the family court or civil court or criminal court for fixing the maintenance amount and this forum is not empowered to fix the maintenance amount. ..... as per section-11 of the pension act, 1871, and regulation 59 of pensions regulations for the army, 1961 (part i) and para 28 of army order 1950, pay and allowances and pension of a service person/retired person cannot be shared/divided/withheld/attached under order of any civil court during the life time of service person ..... the arguments advanced by the learned counsel for the 4th respondent that the pay and allowances cannot be attached or cannot be deducted does not hold water in view of the provisions of section-91(i) of the army act, 1950 and, therefore, from the available pay and allowances the computed amount shall be deducted towards the maintenance and if there is any rest, the said amount alone shall be paid by the respondents 1 to 3 to ..... to the submission of the learned counsel for the 4th respondent, this forum has no jurisdiction to entertain such maintenance application for ordering maintenance to the applicants and civil court alone has got jurisdiction for this. ..... , it is open to them to approach the civil court or the jurisdictional criminal court under appropriate laws for the payment of such maintenance to be fixed by the said courts. ..... there was no maintenance case pending before civil court. .....

Maria Beatriz De Souza Daughter of late Arnaldo de Souza Vs. Agnelo Jo ...

Court : Mumbai Goa

..... in the case of ruchi majoo (supra), the appellant-mother had filed the petition for custody of minor child under the guardians and wards act, 1890, in the court at delhi alleging that the minor was, on the date of the presentation of the petition for custody, ordinarily residing at new delhi. ..... citizenship was held both for the husband and the child and it was only on coming to goa on 21/10/2009 the proceedings claiming custody of the child were filed within a week thereafter before the civil court at panaji. ..... recognition of decrees and orders passed by foreign courts remains an eternal dilemma inasmuch as whenever called upon to do so, courts in this country are bound to determine the validity of such decrees and orders keeping in view the provisions of section 13 of the code of civil procedure, 1908 as amended by the amendment acts of 1999 and 2002. ..... by this petition, the petitioner has challenged the judgment and order dated 07/04/2012 passed by the learned principal district judge, north goa at panaji (appellate court) in miscellaneous civil appeal no.66 of 2011 and has prayed to quash and set aside the same and to restore the order dated 30/04/2011 passed by the learned civil judge, senior division at panaji (trial court) in civil miscellaneous application no.80/2009/a. 3. ..... the application for custody of minor child graca was filed by the petitioner under article 1458 of the portuguese civil procedure code, in the court of civil judge senior division, at panaji-goa. .....

Sh. Fanai Pahnuna Vs. Union of India (Uoi) and anr.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2003)(1)SLJ76CAT

..... all the laws including this regulation then in force in the tract were repealed at first and then again under section 3(a) of the scheduled districts act 1874 the same was reapplied to the lushai hills district vide notification ..... . onghi anisija devi, civil appeal no.659 of 1957, decided by the supreme court on 9th february 1961 in connection with the civil procedure code, where the supreme court applied the spirit of the code and not the letters of ..... . ran singh, reported in air 1967 sc 212, the supreme court was called upon as to the extent of the application of ..... must not forget that the scheduled districts act was passed because the backward tracts were never brought within the operation of all the general acts and regulations (particularly the criminal procedure code) and were removed from the operation and jurisdiction of the ordinary courts of judicature..... ..... . the ratio of the decisions rendered by the supreme court in bani singh (supra) and m radhakishan (supra) are aptly applicable on perusal of the materials on record it appears that the government of mizoram took a conscious decision for the mizoram house in shillong in the year ..... procedure code (except few chapters), the civil procedure code are not made applicable ..... of power and unfettered discretion are what the courts refuse to countenance ..... the applicant referred to the decision of the supreme court in bani singh v ..... and extent of the law applicable in these areas are pithily reflected in two of the decisions of the supreme court .....

1.Tmt.V.Prema Vs. 1.Tmt.Nirmala Devi @ Thayar

Court : Chennai

..... p.arumugam [2001(6) scc176, while considering the question regarding delay in applying for setting aside the exparte decree, observed that the court ought to keep in mind the judgment impugned in the matter, the extent of property involved and the stake of the parties, while deciding an application ..... thus it becomes plain that the expression "sufficient cause" within the meaning of section 5 of the act or order 22 rule 9 of the code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of ..... the petitioners have further contended that only when the amin visited the property on 04 june, 2012, they came to know about the exparte order passed against them ..... tmt.baby 3.tmt.santha : respondents prayer civil revision petition is filed under article 227 of the constitution of india to set aside the fair order and ex-order passed in e.a.no.135 of 2012 in e.p.no.199 of 2010 in o.s.no.469 of 2004, dated 19.12.2012 on the file of additional district munsif court, madurai. ..... on the other hand, while considering the matter the courts should not lose sight of the fact that by not taking steps within the time prescribed a valuable right has accrued to the other party which should not be lightly defeated ..... long as the proviso under sub-rule (3) is not shown to be inconsistent with any of the amendments, it cannot be stated to have been repealed under the central amendments acts. ..... returned by the amin on the ground .....

United States Ex Rel. Toth Vs. Quarles

Court : US Supreme Court

..... " the judge advocate general went on to tell congress that, "if you expressly confer jurisdiction on the federal courts to try such cases, you preserve the constitutional separation of military and civil courts, you save the military from a lot of unmerited grief, and you provide for a clean, constitutional method for disposing of such ..... there is a compelling reason for construing the clause this way: any expansion of court-martial jurisdiction like that in the 1950 act necessarily encroaches on the jurisdiction of federal courts set up under article iii of the constitution, where persons on trial are surrounded with more constitutional safeguards than in military ..... footnote 2/13 ] "that any person heretofore called or hereafter to be called into or employed in such forces or service, who shall commit any violation of this act and shall afterwards receive his discharge, or be dismissed from the service, shall, notwithstanding such discharge or dismissal, continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge or been dismissed. ..... definitions of the word 'arise' are 'to proceed, to issue, to spring,' and a case arising in the land or naval forces, upon a fair and reasonable construction of the whole article, appears to us to be a case proceeding, issuing or springing from acts in violation of the naval laws and regulations committed while in the naval forces or service. .....

Drummond Vs. Acree

Court : US Supreme Court

..... interpretation of 407 (a), which applies only to orders "seeking to achieve a racial balance," is controlling here: "the proviso in [ 407 (a)] is, in terms, designed to foreclose any interpretation of the act as expanding the existing powers of federal courts to enforce the equal protection clause. ..... by those terms, the statute requires that the effectiveness of a district court order be postponed pending appeal only if the order requires the "transfer or transportation" of students "for the purposes of achieving a balance among students with ..... [ footnote 2 ] for the purpose of acting on this application, i accept the holding of the courts below that the order was entered to accomplish desegregation of a school system in accordance with the mandate of swann, and not for the purpose of ..... the legislative history of title iv indicates that congress was concerned that the act might be read as creating a right of action under the fourteenth amendment in the situation of so-called ' de facto segregation,' where racial imbalance exists in the schools but with no showing that this was brought about by ..... 1228 on reapplication for stay syllabus where the lower courts held that an order for the transportation of students was entered to accomplish desegregation of the elementary school system of augusta, georgia, an application for stay premised solely on that portion of 803 of the education amendments ..... the school authorities argued that 407(a) of the civil rights act of 1964, 42 u.s.c. .....

In the Matter of Winding Up Order Dated 23.10.1997 of Firth (India) St ...

Court : Mumbai

Reported in : 1999(1)BomCR84; 1999BomCR(Cri)907

..... 1913, the report of the committee based on which the amendment was brought about, the apex court observed as under :-- 'in the absence of a provision like section 446(2) under the repealed indian companies act, 1913, the official liquidator in order to realise and recover the claims and subsisting debts owed to the company had the unenviable fate ..... an offence has already been committed then the subsequent order cannot absolve the company or its directors of the offence nor give rise to any defence in the proceedings under section 138 of the negotiable instruments act, thereafter in para 56 the contention raised on behalf of the petitioners that proceedings under section 138 be stayed on account of the fact that the proceedings in winding up had been filed was rejected on ..... proceedings or other legal proceedings for the purpose of section 442 and 446 must be read ejusdem generis with the expression 'suit' and can mean only civil proceedings which have bearing in so far as the winding up is concerned namely realisation of the assets and discharge of liabilities of the company. ..... it does not mean each and every civil proceedings which has no bearing on the winding up proceedings orcriminal offences where the company was liable to ..... referred to in this sections are civil proceedings and do not apply to ..... if so read it is pointed out, it can only refer to civil proceedings which have a direct bearing on proceedings for winding up of the company and consequently other legal proceedings must .....

Reg Vs. Vithaldas Pranjivandas and ors.

Court : Mumbai

Reported in : (1877)ILR1Bom462

..... size, and shall be delivered by the under-sheriff unto the clerk of the crown, and shall by him be put together in a box, and he shall from the said box in open court draw the said pieces of paper, or card, indiscriminately one after the other, and the names of the first twenty-three that shall be drawn out and appear, except such as shall be excused by the ..... high courts shall retain all their present powers respecting the summoning empannelling; qualification, challenging and service of jurors, and shall have power to make such rules on these subjects (consistent with the provisions of the act) as seem to them to be proper; and that 'all rules relating to jurors now in force in the same high courts shall (so far as they are consistent with this act) remain in force until repealed or ..... 49 of act x of 1875, however, says that all rules relating to juries now in force in the high courts shall (so far as they are consistent with the act) remain in force until repealed or altered ..... 1861), the practice at the criminal sessions, until the coming into operation of act x of 1875, was to have separate ballot boxes, or rather two long boxes, the ones now in court, each containing three compartments, and marked on the outside 'europeans,' 'indo- ..... was in force when the 'high courts criminal procedure act, 1875' came into operation on the ..... courts criminal procedure act (x of 1875) enacts that 'the jury shall consist of nine persons, who shall be chosen by lot from the persons summoned to act .....

Gangabai Tokarsy Vs. Gaurishankar Chhintarmal Gupta

Court : Mumbai

Reported in : AIR1966Bom34; (1965)67BOMLR231; ILR1965Bom895

..... 11 which deals with the dismissal of appeals at the stage of admission does not given requires that the appellate court should give reasons while dismissing an appeal summarily but the high court has under the high court the act framed circulars - civil circular 51 of 1890 of by which a subordinate court dismissing appeal summarily is required to give reasons for the same. ..... (5) it is then contended that the circular had been issued under the powers vested in the high court in under the high court act 1861 and since the said act has been replete by the government of india act, 1915 and 1935 and the constitution of 1950 which do not contain similar, provisions of it cannot be regarded as good law. ..... this arguments cannot be accepted the court under the rent act it is a special court different from the small cause court as such and is not government by the presidency small causes court act restrictions, therefore regarding the applicability of orders and circulars of the high courts to small causes court in bombay does not apply to the bench hearings in appeals under the rent act. ..... taj mohamed rustom khan 66 bom lr 258, this court disagreed with the small causes court and held after considering the relevant provisions of the rent act that it is not necessary to give intimation of the permitted increases and of the permitted incensing before sending a formal notice to the before the filing of suit. .....