Court : Kolkata
Decided on : Dec-02-2003
Reported in : 2004(2)CHN638
..... had proved his case and decreed the suit ex parte against the wife and declaring the marriage between the husband and wife as dissolved by divorce under section 13 of the hindu marriage act.8. we are of the view that the way the proceedings leading to the ex parte decree without giving an opportunity of hearing to the respondent-wife ..... procedural lacunae leading to the ex parte decree against the appellant-wife and consequent denial of justice to her. on 23.8.99 when the application under section 13 of the hindu marriage act was filed by the husband for the decree of divorce, 3.1.2000 was fixed for service return of summons and a/d. on 3.1. ..... additional district judge, 2nd court, north 24-parganas at barasat in mat. suit no. 20 of 2001.2. the husband ashutosh pal brought that matrimonial suit under section 13 of the hindu marriage act, 1955 against his wife, kalyani pal, for dissolution of marriage on the grounds of cruelty and desertion.3. the marriage took place way back in 1970 according .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-02-2003
Reported in : AIR2004Cal161,(2004)1CALLT324(HC),II(2004)DMC146
..... in vijaykumar ramchandra bhate v. neela vijaykumar bhate, reported in 2003 air scw 2530.'to satisfy the requirement of clause (i-a) of sub-section (1) of section 13 of the act, it is not as though the cruel treatment for any particular duration or period has been statutorily stipulated to be necessary. as to what constitute ..... comprehensive definition of the expression that may cover all cases, realising the danger in making such attempt. the provision in clause (ia) of section 13(1), which was introduced by the marriage laws (amendment) act 68 of 1976, simply states 'treated the petitioner with cruelty'. the object, it would seem, was to give a definition exclusive or ..... samaresh banerjea and asim kumar banerjee, jj., it was held that divorce under hindu marriage act could only be give on any of the grounds under section 13, that allowing divorce on any of the grounds not mentioned in section 13 would be an act without any sanction of law; that such power was only with the apex court under .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-02-2003
Reported in : III(2004)ACC312; 2004(3)ALLMR483; 2004(4)MhLj519
..... begum v. new india assurance co. ltd., 2001 acj 428 wherein it has been held that, 'now we have to fix up the rate of interest. section 171 of the mv act empowers the tribunal to direct that, in addition to the amount of compensation, simple interest shall also be paid at such rate and from such date not earlier ..... of rs. 1,000/- for the maintenance and support of her family members by ironing the clothes of the customers. the appellants-claimants had filed the petition under section 166 of the act claiming compensation of rs. 3,75,000/-, interest and costs.4. the respondents combated the claim by filing their written statement and the insurance company, respondent no ..... and 2, though served.2. in this appeal the award dated 8-11-1996 passed by the member, motor accident claims tribunal, nagpur under section 168 of the motor vehicles act, 1988 (for short, the act) in claim petition no. 443/1993 granting compensation of rs. 1,40,000/- with interest @12% per annum from the date of petition till .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2003
Reported in : 2004(1)ALD(Cri)119; 2004(1)BLJR420; 98(2004)CLT4(SC); 2004(91)ECC194; 2004(1)JKJ3[SC]; JT2003(10)SC50; 2003(10)SCALE42; (2004)2SCC56
..... sustainable in law. (7) that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in section 50 of the act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied ..... conviction has been recorded only on the basis of the possession of the illicit article, recovered during a search conducted in violation of the provisions of section 50 of the act, it was illegal. it was further held that the omission may not vitiate the trial as such, but because of the inherent prejudice which would be ..... the accused-appellants.4. in support of the appeals, learned counsel appearing for the accused-appellants mainly focused on alleged non-compliance with the requirements of section 50 of the act. according to them, mere asking the accused as to whether they would like to be searched by the gazetted officer or the magistrate is not sufficient .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-02-2003
Reported in : (2004)136PLR508
..... state.' a reading of the judgment of the division bench would reveal that only tarlok singh was found guilty of murder of surinder kaur and convicted under section 302 ipc for his individual act of causing death by pouring kerosene oil on her and setting her on fire. further more, the finding of the court was also that tarlok singh had ..... as the petitioner was involved in a heinous crime for the murder of his wife.2. the brief facts of the case are that the petitioner was convicted under section 302/34 ipc for the murder of his wife vide judgment dated 8.8.1995 passed by the learned sessions judge, patiala and has been awarded sentence of life ..... of 'murder' which would probably be one where the murderer repeatedly inflicts fatal injuries on the victim and thereafter removes the dead body and disposes it of or otherwise acts in an unusual or brutal manner. in support of his contention the learned counsel relied upon a decision of this court rendered in tarlok singh v. state of punjab, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2003
Reported in : AIR2004SC227; 2004(1)ALD(Cri)40; 2004CriLJ595; JT2003(10)SC58; 2003(10)SCALE389; (2004)1SCC339
..... , or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.'the object of this section seems as much to protect the minor children from being seduced for improper purposes as to protect the rights and privileges ..... by the accused-appellant, same cannot be a ground to discard her evidence. the courts below have rightly acted upon her evidence.6. next comes the question whether ingredients of section 363 and 366 ipc are made out.7. section 361, i.p.c. reads:'361. kidnapping from lawful guardianship. - whoever takes or entices any minor ..... kidnap such minor or person from lawful guardianship.explanation. - the words 'lawful guardian' in this section include any person lawfully entrusted with the care of custody of such minor or other person.exception - this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : 2004(1)ALD676
..... the authority should afford the person an opportunity to make a representation in the matter. from this point of view, the doctrine imposed a duty to act fairly by taking into consideration all relevant factors relating to such legitimate expectation;(vi) the protection of legitimate expectation do not require the fulfilment of legitimate ..... exploration, production and marketing was a monopoly enjoyed by ongc, a statutory corporation established under oil and natural gas commission (transfer of undertaking and repeal) act, 1993. the natural gas produced by it was found to be of immense utility in production of fertilizers, as a fuel for production of energy besides ..... by petitioner which are not much in dispute.petitioner's case2. the petitioner is a company, (hereinafter called, gvk) incorporated in 1991 under the companies act, 1956. the government of india formulated a policy to encourage independent power producers (ipp) and identified eight power projects to be opened in private sector. .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-02-2003
Reported in : 2004(1)BLJR145; [2004(1)JCR5(Jhr)]
M.Y. Eqbal, J. 1. These two writ petitions involving common question of facts and law have been heard together and are disposed of by this common judgment.2. Petitioners seek issuance of writ in the nature of mandamus commanding upon the respondents to consider their cases for appointment to the post of primary teachers in the primary school situated within their respective districts in accordance with the advertisement issued on 24.10.2002 and further for a direction to the respondents not to restrict their candidatures for being appointed to the post of primary teachers only against the vacant posts of physical trained teachers which are available in the four districts.3. The facts of the case lie in a narrowcompass.4. The respondent-Jharkhand Public Service Commission (shortly the 'Commission') Issued advertisement dated 24.10.2002 for appointment of primary teachers in all the 22 districts of the State of Jharkhand. In the said advertisement the eligibility conditions were prescrib...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Dec-02-2003
Reported in : (2004)(95)ECC107
..... terms are to be interpreted: (a) cce v. lekhraj jessumal & sons, 1996 (54) ecc 85 (sc) : 1996 (82) elt 162 (sc), where it is stated "an act is to be interpreted as a living act. presumption of updating the construction has to be given. industry is not static. there are continuous progress therein. new processes and methods are developed and new material .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-2003
Reported in : II(2004)ACC470; 2004ACJ333; [2004(101)FLR178]; ILR2004KAR193; (2004)ILLJ1089Kant
..... to appreciate the points in controversy, it is necessary to have a look at the definition of 'partial disablement' and 'total disablement' as defined under the act. section 2(1)(g) defines 'partial disablement':-'(g):- 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of ..... injured workman may be a casual labourer or a regular employee. the length of his service is irrelevant for the purpose of awarding compensation under the act. section 4-a provides for immediate payment of compensation and where the amount claimed is not acceptable to the employer he is bound to make a provisional ..... capacity made by the qualified medical practitioner, this argument has no substance and runs counter to the statutory provisions contained in the act. as already noted, section 19 of the act confers on the commissioner the power to settle disputes between the parties with regard to the liability of any person to pay compensation .....
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