Court : Rajasthan Jodhpur
..... the eventuality and fact of death of marriage. although the apex court has repeatedly observed it many time, even though the legislature has not thought it fit to amend the law to incorporate irretrievable break down of marriage as a ground for seeking divorce. it is true that law even today does not recognise irretrievable break down ..... by the family court vide judgment and decree dated 29.05.2013 despite two salient facts came on record that (1) in the fir no.219 dated 12.09.2007 registered against the defendant-respondent (husband) at police station mahila thana, kota for offence u/sec.498-a, 406 and 120-b ipc after regular trial, the ..... essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. 67. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... rolls, in thorp v. holdsworth in (1876) 3 chancery division 637 at 640].in this connection, it may be noted that order 12 rule 6 was 6 amended by the amendment act of 1976. 47. prior to amendment the rule reads thus:- 6. judgment on admissions. - any party may, at any stage of a suit, where admissions of facts have been made, either, on ..... give these provisions a wider sweep by empowering judges to use it 'ex debito justitiae', a latin term, meaning a debt of justice. in our opinion the thrust of the amendment is that in an appropriate case, a party, on the admission of the other party, can press for judgment, as a matter of legal right. however, the court always retains ..... the parties and the court may upon such application make such order or give such judgment, as the court may think just. . 48. in the 54th law commission report, an amendment was suggested to enable the court to give a judgment not only on the application of a party but on its own motion. it is thus clear that the .....
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..... in state of gujarat v/s mirzapur moti kureshi kassab jamat and ors. ((2005) 8 scc 534), a constitution bench considering the bombay animal preservation (gujarat amendment) act, 1994 restricting the bulls and bullocks below the age of 16 years could not be slaughtered, repelled the challenge on the ground that slaughtering of cows on bakri ..... exercise difficult and cumbersome and thus, allowed intervention by bodies/associations and they were added as respondents and individual intervenors to be heard. 7. on 2.5.2007, the court permitted shri man singh mehta to intervene in the matter as an individual as others were also allowed to intervene. 8. the matter has, thereafter ..... , approval must be sought from the high court by filing a petition under article 226 of the constitution of india. the high court in such case acts as parens patriae. the matter should be decided by atleast two judges. the bench will constitute a committee of three reputed doctors after consulting such medical authorities .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... have also expressed their apprehension for introduction of irretrievable breakdown of marriage as a ground for grant of the decree of divorce. in their opinion, such an amendment in the act would put human ingenuity at a premium and throw wide open the doors to litigation, and will create more problems then are sought to be solved.82. ..... decline to give adequate response to the necessities arising therefrom. the apex court has further gone to the extent of recommending union of india to bring an amendment in the act of 1955 for incorporating the said ground as ground for divorce. the court, ultimately, made following observations in para 96 of the verdict:96. before we ..... with this case, on the consideration of the totality of facts, this court would like to recommend the union of india to seriously consider bringing an amendment in the hindu marriage act, [29] 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. a copy of this judgment be sent to the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... have also expressed their apprehension for introduction of irretrievable breakdown of marriage as a ground for grant of the decree of divorce. in their opinion, such an amendment in the act would put human ingenuity at a premium and throw wide open the doors to litigation, and will create more problems then are sought to be solved.82. ..... decline to give adequate response to the necessities arising therefrom. the apex court has further gone to the extent of recommending union of india to bring an amendment in the act of 1955 for incorporating the said ground as ground for divorce. the court, ultimately, made following observations in para 96 of the verdict:96. before we ..... with this case, on the consideration of the totality of facts, this court would like to recommend the union of india to seriously consider bringing an amendment in the hindu marriage act, [29] 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. a copy of this judgment be sent to the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... an application for refund has been made be- fore the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by ..... of the order dated 14.10.2003 passed by this court in d.b.central excise reference application no.16/2003 under section 35h of the central excise act, 1944 ( the act ).the customs.excise & service tax appellate tribunal, new delhi ( the tribunal ) has referred the following questions for decision of this court alongwith the statement of ..... that act: provided further that the limitation of six months shall not apply where any duty has been paid under protest. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... have begun only on the service of the summons. . 4 though sub-rule (5) of order i, rule 10 cpc has not been amended, the present act & pari materia provision to indian limitation act, 1877 & section 22 are limitation act, 1963 and section 21. hon'ble supreme court while considering the issue of transposition in an appeal in kiran tandon v. allahabad development authority ..... , the plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as .....
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..... remand by the magistrate. it is submitted that the nia act, 2008 and the unlawful activities (prevention) amendment act, 2008 were enacted by parliament on 31.12.2008. the nia act provides eight categories of offences which are mentioned in the schedule to the act of 2008. the offences under the uap act, 1967 is one of them. as per section 6 ( ..... 3) of the nia act, sole prerogative is of the central ..... of period of investigation. the word magistrate cannot be substituted with that of special court when no amendment to this effect has been made under section 43d of the uap act. the only addition under section 43d of the uap act is for extension of period of investigation beyond 90 days. as per section 43d(2)(b) uap .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... only 192 were permanent workmen, therefore, no consent by the state government was necessary in view of the provisions of section 25-k and 25-m of the act of 1947. the amendment in section 25-k is not retrospective in application. further, there is no limitation prescribed for 'lay off' either under section 25-c or under any ..... other provisions of act of 1947. 15. i have heard the learned counsel for the parties and with their assistance perused the materials available on record. 16. at the outset, ..... in the preceding 12 months. later on, the number of workmen from 'three hundred' was substituted by 'one hundred' w.e.f. 21st august, 1984, by way of an amendment. thus, the prohibition of "lay off" as contemplated under section 25-m, is not attracted. 18. in the case of special officer and joint registrar (supra), the division .....
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