Court : Punjab and Haryana
Reported in : [1986]60CompCas702(P& H)
..... .--the preliminary hearing for the admission of appeal against award rendered by motor accidents claims tribunal, appeal against the decree or order passed under the hindu marriage act, 1955, letters patent appeals, civil appeals (contempt), company appeals, sales tax cases and gift-tax cases shall be before a bench of two judges. '12. ..... 1979 ; that despite reminders, the said company did not clear the bill; that on november 18, 1981, the petitioning company issued demand under section 434 of the act, requiring the other company to pay rs. 50,842.05, together with a sum of rs. 200 towards the costs of notices within the specified period; and ..... messrs innosearch ltd., 2e/25, jhandewalan extension, new delhi, petitioned this court under section 439 read with section's 433 and 434 of the companies act, 1956, hereinafter referred to as 'the act', for winding-up messrs stephen chemical limited, flat no. 119-120, sector 17-b, chandigarh, with the allegations that the former company supplied goods .....
Tag this Judgment!Court : Mumbai
..... it is submitted that the petition be dismissed. 21. for properly appreciating the rival contentions, we would make a reference to the ftdr act. the ftdr act, 1992 is an act to provide for the development and regulation of foreign trade by facilitating imports into and augmenting exports from india and for matters connected thereto ..... or incidental therewith. chapter 1 of this act contains the preliminary provisions in which appears section 2 titled 'definitions'. after defining the relevant terms, including the words import and export what is then ..... , services and technology regarding special economic zone or between two such zones shall be governed in accordance with the provisions contained in the special economic zones act, 2005. 22. before us, there is no dispute that the authority which has passed the impugned order was so empowered. it had the necessary .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)ALT(Cri)488; I(2000)DMC185; 1999(5)KarLJ183
..... revisable under section 19(4) nor is appealable in view of section 19(5). it means that orders if passed under the provisions of other act, may be under section 24 of the hindu marriage act or otherwise, revision maynot be maintainable. anyway, i am not expressing any final opinion on reversibility of orders passed under section 24 or section ..... 25 of hindu marriage act or the like under section 19(4). but, it clearly indicates that orders under the criminal procedure code may be revisable. in the present case, a preliminary ..... may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.explanation.--if a husband has contracted marriage with another woman or keeps mistress, it shall be considered to be just ground for his wife's refusal to live with him.(4) no wife shall be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2467; JT2008(6)SC330; (2008)9SCC204; 2008AIRSCW3785; AIR2008SC2467
..... on occasions, bordering on inhuman, hardly doing credit to the police. the bias of policemen was seen in the active connivance of police constables with the rioting hindu mobs on occasions, with their adopting the role of passive on lookers on occasions, and finally, in their lack of enthusiasm in registering offences against hindus even ..... against the special investigation squads set up to investigate crime committed in the course of those riots. the commission observed that these special investigation squads had acted in a partial and biased manner against one community. we take note of this finding and feel that there are many instances where the special investigation ..... against him, cannot, as such, be invoked in the trial of criminal cases where the accused stands charged for causing injury or death by negligent or rash act. the primary reasons for non- application of this abstract doctrine of res ipsa loquitur to criminal trials are: firstly, in a criminal trial, the burden of .....
Tag this Judgment!Court : Chennai
..... fortified by the view taken by the bombay high court in dinesh v. usha, air 197.bom 173 that pendente lite maintenance under section 24 of the hindu marriage act, 1955, raises controversy independently of the suit and decision thereon concludes controversy finally between parties and as such letters patent appeal is maintainable.23. the very same question ..... to the full bench was the same viz., whether an appeal would be available under section 19(1) of the family courts act, 1984, against an order passed under section 24 of the hindu marriage act, 1955? 28. in this case, the full bench approached the issue in the angle as to whether an order made under section 24 ..... , an appeal shall lie against a judgement or order which is not an interlocutory order. here, the expression any other law undoubtedly includes the hindu marriage act, 1955. therefore, section 28 of the hindu marriage act, is not applicable to the decrees and orders of the family courts. under section 19(1) of the family courts .....
Tag this Judgment!Court : Mumbai
..... the deceased was a hindu, buddhist, sikh or jain propounding a will made outside mumbai (or other metropolitan cities mentioned in section 57) or for properties bequeathed outside mumbai ( or other metropolitan cities mentioned in section 57), the restriction would be applied to him if he married under the special marriage act. since the deceased was ..... of the marriage of the deceased with the defendant would be that his succession would be governed under the indian succession act. he would be entitled to bequeath the entire of his property by will. the restrictions under sections 57 and 58 of the indian succession act which are restrictions only upon the hindu, buddhist, ..... not how and under which legislation she has married. as she claims properties by testamentary succession, that succession is governed under section 21 of the special marriage act.23. hence, paragraph 13 of the the judgment in the case of sayeeda shakur khan (supra) cannot be relied upon to conclude the requirement of .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR344; (1995)97BOMLR158; I(1996)DMC345
..... of conjugal rights under section 9 of the act on 30-7-1992 in the court of civil judge senior division, ahmednagar (maharashtra ..... is wife of the respondent. the respondent filed marriage petition no. 104/a/1992 in the court of the iii additional district judge, bhopal (madhya pradesh) for a decree of divorce under section 13 of the hindu marriage act (for short, the act), whereas, the petitioner filed her marriage petition no. 139/1992 for a decree of restitution ..... sub-section (3) of section 23 of the code, it would be clear that application is competent and this court has equal power to transfer the hindu marriage petition from the court of iii additional district judge, bhopal to the court of civil judge senior division, ahmednagar. in this context, the learned counsel for .....
Tag this Judgment!Court : Delhi
..... fao4312018 page 1 of 9 3. both proceedings are taken up together as entail common question of law i.e., interdiction by family courts act, 1984 of remedies against orders in proceedings under the hindu marriage act, 1955.4. cm(m) no.1109/2018 under article 227 of the constitution of india impugns the order [dated 24th july, 2018 in m ..... court in manish aggarwal supra held that the words any other law in the non-obstante clause in section 19(1) would include the hindu marriage act. thus, irrespective of the remedies provided under the hindu marriage act or under the cpc, unless the order impugned in both these proceedings is provided for in sub-section (2) of section 19 or cm ..... on the party concerned must be direct and immediate rather than indirect or remote. (iii) that the order of interim maintenance under section 24 of the hindu marriage act has a character of finality attached to it and does not qualify as an interlocutory order within the meaning of section 19(1) of the family courts .....
Tag this Judgment!Court : Delhi
..... fao4312018 page 1 of 9 3. both proceedings are taken up together as entail common question of law i.e., interdiction by family courts act, 1984 of remedies against orders in proceedings under the hindu marriage act, 1955.4. cm(m) no.1109/2018 under article 227 of the constitution of india impugns the order [dated 24th july, 2018 in m ..... court in manish aggarwal supra held that the words any other law in the non-obstante clause in section 19(1) would include the hindu marriage act. thus, irrespective of the remedies provided under the hindu marriage act or under the cpc, unless the order impugned in both these proceedings is provided for in sub-section (2) of section 19 or cm ..... on the party concerned must be direct and immediate rather than indirect or remote. (iii) that the order of interim maintenance under section 24 of the hindu marriage act has a character of finality attached to it and does not qualify as an interlocutory order within the meaning of section 19(1) of the family courts .....
Tag this Judgment!Court : Mumbai Nagpur
..... other court. powers of high court under section 23(3) are not restricted by any of the technicalities. objections with regard to the provisions in the hindu marriage act were also considered by the rajasthan high court and it was held that such powers were not subject to the procedure adopted by different matrimonial courts and the ..... held in paragraph 9, relying on the decision of the rajasthan high court, as under : 9. with regard to third objection regarding section 21a of the hindu marriage act and earlier suit was filed in palghat. i refer to the decision of the rajasthan high court in smt. sunita bali v. ashok bali, air 1987 rajasthan ..... provisions of the domestic violence act, in the courts at nagpur against the respondent-husband. the respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the court at thane. 5. the present transfer application has been filed by the applicant-wife with a prayer to transfer hindu marriage petition no.109 of .....
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