Court : Kerala
Reported in : AIR1999Ker93
..... the ground of cruelty and desertion for the periods fixed by the respecti ve acts, and it was found that christian spouses are meted out with discriminatory treatment. five major acts, viz. hindu marriage act, dissolution of muslim marriage act; parsi marriage and divorce act, special marriage act, and foreign marriage act were also referred to by the full bench. it is seen from paragraph 18 of the judgment that the law commission ..... our attention to a decision of the supreme court reported in bhikaji narain v. state of m.p., air 1955 sc 781. in the above case, the constitutional validity of c.p. and berar motor vehicles (amendment) act. 1947 was challenged. the said act was an existing law at the time when the constitution came into force which imposed on the exercise of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker192
..... standard of proof in civil cases.' though the above dictum is laid down by the apex court while considering sections 10 and 23 of the hindu marriage act, the principles are applicable to section 14 of the indian divorce act. 52. in the decision in blyth v. blyth (1966) 1 all er 524 the house of lords has laid down as follows : 'in ..... do not in any way affect the civil rights of the parties arising out of the marriage between them duly solemnized in accordance with section 5(1) of the indian christian marriage act, 1872 by a minister of the church who had received episcopal ordination and the marriage becomes null and void only on the passing of the decree of nullity by the ..... lt 731 held that the law of divorce as far as members of the christian community are concerned, is governed by the provisions of the divorce act and the rights accrued out of a legal marriage cannot be adjudicated by the epharchial tribunal. 22. in the decision in jose v. alice (1988) 2 ker lj 740 : (1989 cri lj 1527) .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT420
..... case that it would not be appropriate to transfer the case to a court which has no jurisdiction under the hindu marriage act held as follows:'the powers that are exercised by this court are not under the hindu marriage act but altogether under different provisions of law. if the arguments raised by the learned counsel is to be accepted ..... the jurisdiction of the family court at thiruvalla to try and dispose of the proceedings seeking a declaration that the marriage between the parties was a nullity, brought to my notice section 8 of the divorce act conferring extraordinary jurisdiction on the high court to remove, try and determine as a court of original jurisdiction arty ..... the family court, pathanamthitta. the fact that the family courts constituted under the family courts act, 1984 are competent to try and dispose of suits or proceedings between the parties to a marriage for a decree of nullity of marriage as also suits or proceedings between them with respect to the property of one of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker154
..... central government required has not been obtained, the impugned order is invalid. clauses (a) and (d) of sub-section (2) of section 3 of the essential commodities act, 1955, read thus:'(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (d) for regulating by licences, permits or otherwise the ..... order the state government did not exceed its authority. but the question whether the impugned order falls under section 3(2)(a) of the essential commodities act (1955), and is bad for want of concurrence of the central government has to be considered.12. the next plea of the appellants was that the impugned ..... 7. now we shall deal with the contentions raised by the appellants. the first contention was based on section 3, subsection (6) of the essential commodities act, 1955, reading thus:--'every order made under this section by the central government or by any officer or authority of the central government shall be laid before both .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... not subject to any general law relating to agricultural income-tax. it was only income from plantations as defined in the madras plantations agricultural income-tax act v of 1955 that was subject to such tax. a system of land revenue including cesses and enhanced by surcharge and additional surcharges was on the other hand prevalent ..... i) those governed by aliyasanthana law or marumakkathayam law or simply the rule of impartibility, e. g. nambudiries of travancore and cochin, moothathus etc.,and (ii) hindu undivided families consisting of brothers only or brothers and their branches.why it was thought necessary to accept a division based on personal law as above and indeed to ..... the day before the assessment is made.'and by clause (kk) in section 2, it was also provided :'2 (kk) 'hindu undivided family' includes a family governed by the madras nambudiri act 1932 (madras act xxi of 1933)'and it should be added that the inclusion of aliyasanthana family in section 3 (3) and again the provision .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker86
..... limited interest, and put the vendee in possession, she could in no sense be regarded as 'possessed' of the property when the act came into force. the object of the act was to confer a benefit on hindu females by enlarging their limited interest in property inherited or held by them into an absolute estate, with retrospective effect, if they were ..... entitled to inherit the estate is an absolute estate irrespective of the fact whether she asserts her title as an absolute owner or not.'in gaya deen v. amrauti, air 1955 all 630 (m), agarwala, j., had recently occasion to consider this question and he expressed the view following 22 ind app 25: ilr 22 cal 445 (pc) (f) ..... . the question recently came up for consideration in a full bench of five judges in gundarao v. venkamma, (s) air 1955 hyd 3 (l), and it was held by majority of three judges that 'where a hindu widow not entitled to inherit an estate enters into possession of that estate and remains in possession for over the statutory period, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker150
..... appurtenant to the sthanam of the 1st defendant: and that claim was made on the basis of the provisions of the madras marumakkathayam (removal of doubts) act 1955 (madras act xxxii of 1955) it is also seen that in that suit, the plaintiff wanted a partition of the properties after set ting aside several alienations stated to have been ..... amendments to the original plaint : and therefore the suit appears to have been amended, claiming partition under sub-section (3) of section 7 of the hindu succession act. 1956 (central act 30 of 1956) no doubt there appears to have been a challenge directed as against the order of the trial court, allowing the plaintiff to amend his ..... these skirmishes, the plaint itself was amended on 9-6-1965, and the plaint, as it now stands, is for partition, on the basis of the hindu succession act, 1956.4. the contesting defendants appear to have raised certain objections that proper court fee has not been paid by the plaintiff therefore the court passed an order .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker29; 1964CriLJ190
..... notice ext. p 3 has been issued by the 3rd respondent by virtue of the powers conferred on him under the provisions of the travancore-cochin public health act, 1955 (act xvi of 1955). no doubt, a feeble attempt was made by mr. k. t. thomas, learned counsel appearing for the 4th respondent, that the notice, ext. p3, ..... and they cannot certainly be invoked for the purpose of this case, more especially when no rules regarding those matters have been framed under the travancore-cochin public health act, 1955. no doubt, mr. k. v. surianarayana iyer, learned counsel for the petitioner, drew my attention to the division bench judgment of the madras high court, reported ..... passed within the jurisdiction of the authori-ties concerned, will have to be considered in the-light of the provisions contained in the travan-core-cochin public health act, 1955. in fact, the 3rd respondent, in his counter affidavit, has stated that the 4th respondent hsas been notified by him that the prohibitory order, ext. p .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT756
..... samithi, hereinafter referred to as the 'society' was registered under section 5 of the travancore-cochin literary, scientific and charitable societies registration act, 1955, hereinafter referred to, for short, as the 'act' only. ernakulam district committee of the society was elected for two years from 10.7.2001 to 9.7.2003. according to ..... cannot exercise jurisdiction merely because it is also a matter which relates to a company.'24. from the discussions made above the following positions emerge: the act has created new rights and liabilities as far as societies registered thereunder are concerned. section 25 provides a specific forum for granting the reliefs enumerated in clause ..... 22. it was held in r. prakasam v. sree naryana dharma paripalana yogam ((1980) 50 comp. cases 611) that except in cases where the companies act, 1956, confers jurisdiction on the company court or some other authority like the central government or the company law board, either expressly or by implication, all .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker156
..... cases, and we find the decisions by the high courts in this country not to be different. in hindustan development corporation ltd. v. dy. registrar of trade marks, air 1955 cal 519 it was held that the word 'rasoi', even if it be held to have a direct reference to the character and quality ofthe goods and to be distinctive ..... act merely reproduces the english law with only slight modifications, a reference to the judicial decisions on the corresponding section of the ..... as entitling the trade mark to registration.' the section being almost identical to section 6 of the indian trade marks act, it is well to recall what has been observed in registrar trade marks v. ashok chandra rakhit ltd., (s) air 1955 sc 558, where it was held that as the law of trade marks adopted in the indian trade marks .....
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