Court : Guwahati
..... 'indian hemp', 'narcotic drugs', and 'narcotics' have the meanings respectively assigned to them in section 2 of the medicinal and toilet preparations (excise duties) act, 1955 (14 of 1955).'the supreme court after considering that in paragraph 5 has pointed out as follows:'the medicine manufactured by the appellants is not registered under the trade and merchandise ..... the concept of package tea as of different variety was introduced for the first time by the provisions of the central excises and salt (amendment) act, 1953 (act 15 of 1953). the package tea was considered as different varieties of the product commercially as tea itself having distinct character and use and name ..... marks act. therefore, it would attract levy only if its container or packing carried any distinctive marks so as to establish the .....
Tag this Judgment!Court : Guwahati
..... v. state of maharashtra). in paragraph 17 of the aforesaid judgment, the bombay high court dealt with the provisions of section 23(2) of the hindu marriage act, 1955 and held as follows :-17. section 23(2) of the hindu marriage act, 1955 casts on the court the duty, in the first instance, in matrimonial cases, where it may appear that there may be chance of saving the ..... minor daughter are now living peacefully for the last two years without any disharmony amongst them, it will be contrary to the principles underlined in section 23(2) of the hindu marriage act, 1955 to refuse the prayer. i, therefore, decide to accept the composition with the reservation that instead of recording acquittal, in view of the compromise, the operation of the impugned judgment .....
Tag this Judgment!Court : Guwahati
..... was held to be unenforceable in india as the jurisdiction of the forum as well as the ground on which the same was passed was not in terms of the hindu marriage act, 1955, under which the parties were married and further the respondent had not submitted to the jurisdiction of that court or had consented to the passing of the said judgment.34 ..... of st. louis county, missouri, usa, a foreign court, to be without jurisdiction according to the hindu marriage act, 1955, on the considerations as hereinbelow:as pointed out above, the present decree dissolving the marriage passed by the foreign court is without jurisdiction according to the act as neither the marriage was celebrated nor the parties last resided together nor the respondent resided within the jurisdiction of .....
Tag this Judgment!Court : Guwahati
..... spouse. 2. from what has been stated above, it is apparent that apart from physical violence, the term 'cruelty' would include mental cruelty as well so, though the hindu marriage act, 1955, for short the act, has not defined cruelty, which is now a good ground for divorce under section 13(1)(ia), the same takes within its fold mental cruelty. this is an accepted ..... previously occupied in the home. 9. the above was the position as it stood before the act had come to be amended by the marriage law (amendment) act, 1976. this act was passed after the law commission of india had submitted its 59th report on the hindu marriage act, 1955, and the special marriage act, 1954. the law commission dealt with this aspect of the case in paras 2.11 .....
Tag this Judgment!Court : Guwahati
..... and 1977 respectively. 3. the respondent herein had on 20-12-78 filed petition against the appellant u/section 13(1) of the hindu marriage act, 1955, here in afterreferred as the act, for divorce on the allegations of abnormal character and conduct, abnormally aggressive and violent behaviour even on slightest pretext resorted to biting, frowning ..... emerges, to my mind, is not of a person suffering from any mental disorder or unsoundness of mind within the section 13(l)(iii) of the hindu marriage act. haughty stubborn, unorthodox and cruel at times she might be, but a psychopath shedefinitely is 'not. while the husband akhil sarma cannot at all be ..... separation may be filed under the provisions of section 10 of the act, which after the amendment by marriage laws amendment act (act 68 of 1976) reads : 'judicial separation -- (1) either party to a marriage, whether solemnized before or after the commencement of this act, may present a petition praying for a decree for judicial separation on .....
Tag this Judgment!Court : Guwahati
..... 1. this appeal has been filed under section 28 of the hindu marriage act, 1955 against the judgment and decree dated 9-6-1997 passed by the learned district judge, cachar at silchar in title suit no. 37 of 1994. a suit was filed by ..... is working as clerk in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. the respondent-wife is not entitled to any ..... on large number of decisions with regard to the cruelly and they are: (i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant. (ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division bench of this court in paragraph 12 has .....
Tag this Judgment!Court : Guwahati
..... by a decree of divorce on being sought by the appellant on the ground of cruelty and desertion as embodied in section 13(1)(ia) and (ib) respectively under the hindu marriage act, 1955 (for short, 'the act').tenets of hindu marriage and divorce:2. it is considered that the judgment would be benefited if purity and sanctity of the institution of ..... , had enlightened views and preached social reforms, including enactment of divorce laws.prevailing legal position:7. after independence, the hindu marriage act, 1955 was enacted introduced vital and dynamic changes in the hindu law of marriage and divorce. the clear provisions for divorce in certain circumstances have been laid down in the act. the subject is very much dealt within sections 13, 14 and 15 of the .....
Tag this Judgment!Court : Guwahati
..... . 2. the opposite party sowala gogoi filed a petition before the district judge, dibrugarh under section 10 of the hindu marriage act, 1955 (hereinafter 'the act') read with section 4 of the marriage law (amendment) act, 1976 for a decree for judicial separation contending, inter alia, that she was the wife of the petitioner having been ..... accordance with the customary rites and ceremonies. the requisite ceremonies have been dealt with by section 7 of the hindu marriage act, 1955, hereinafter 'the act' which reads: '7. ceremonies for a hindu marriage.--(1) a hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (2) where such rites and ..... the only statement that could be traced is the one made in the application under section 10 of the act to the effect that -- 'she was married to the petitioner according to hindu marriage rites on 14th march, 1980.' but this statement stands totally contradicted by her own deposition on oath wherein .....
Tag this Judgment!Court : Guwahati
..... on behalf of the petitioner, mr. m. kar bhowmik, learned senior counsel for the respondent, has vehemently argued that in the instant case which is governed by the hindu marriage act, 1955 (for short 'the act'), the provisions of the limitation act, 1963 (hereinafter referred to as the limitation act') do not apply. thus the question of condonation of any delay under section 5 of the limitation ..... from the period prescribed by the schedule, the provisions of section 3 will apply. in the hindu marriage act, the period of appeal is prescribed. in the schedule under the limitation act, there is no provision providing for an appeal under the hindu marriage act. thus the limitation prescribed under the hindu marriage act is different and is not prescribed in the schedule. thus the provisions of section 3 shall .....
Tag this Judgment!Court : Guwahati
..... to note that section 5 of hindu marriage act, 1955 (hereinafter referred to as 'the act of 1955') lays down the conditions for solemnisation of a valid marriage between two hindus. section 5(1) read with section 11 of the act of 1955 clearly indicates that a marriage solemnised between two hindus after the commencement of the act of 1955 would be void, if any ..... narain lal and yogmaya devi was in contravention of clause (i) of section 5 of the hindu marriage act and was a void marriage. under section 16 of this act, children of void marriage are legitimate. under the hindu succession act, 1956, property of a male hindu dying intestate devolve firstly on heirs in clause (i) which include widow and son. among ..... the respondent no. 1 was void.8. it is also, at this stage, essential to note that section 16 of the act of 1955 makes the children of a void and voidable marriage legitimate so far as their right of succession is concerned. viewed from this angle, so far as the respondent nos. 2 and .....
Tag this Judgment!