Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Sorted by: recent Court: madhya pradesh Page 1 of about 1,683 results (0.582 seconds)

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

..... our attention to the decision in bundi electric supply co. ltd. bundi (supra) wherein in para 16, it has been held as under:16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage that has been acquired in ..... if the trade mark in registered, indisputably the user thereof by a person who is not otherwise authorised to do so would constitute infringement. section 21 of the 1958 act provides that where an application for registration is filed, the same can be opposed. ordinarily under the law and, as noticed hereinbefore, there can only be one mark ..... respect of which the registered trade mark is assigned or transmitted.it is worth nothing that similar provisions find place in sections 38 and 39 of the trade marks act, 1999, which have been reproduced by the learned single judge.11. the central controversy is whether the trade mark has any separate entity or is included in .....

Farooq Mohammad Vs. State of M.P. and Others

Court : Madhya Pradesh

..... amongst the elected councillors. this procedure has been justly construed asmandatory by the division bench of our high court and which legal position is in vogue since 1955, followed in 1967 and again in 1968. it has been so construed because of the nature of the business to be transacted in the first meeting ..... , we find it necessary to express our opinion on the same.15. the general rule is that non-compliance of mandatory requirement results in nullification of the act. thereare, however, several exceptions to the same. if certain requirements or conditions are provided by statute in the interest of a particular person, the requirements or ..... collector to ensure convening of the first meeting of the municipal council within one month from the date of general election, as per section 55 of the act. in furtherance thereof, the collector, district ashoknagar, appointed the sub divisional officer as a presiding officer and prescribed authority for convening and conducting the first meeting .....

Commissioner of Income Tax Vs. M/s Mechmen 11-C, Bhopal

Court : Madhya Pradesh

..... to the concerned assesse. 11. the moot question is: whether there is any distinction or dissimilarity between section 158bd and section 153c of the i.t. act? if we accept the argument of the department, that the purpose underlying the two provisions is completely different, further investigation into the scope of section 153c ..... seized or requisitioned the material during the search of a person referred to in section 153a as also the assessing officer having jurisdiction over the respondent have acted without jurisdiction. 9. reliance was placed on the judgments of the supreme court and of different high courts by the counsel appearing for the parties to ..... cases, the legislature has clearly stipulated the requirement for recording of satisfaction while assuming jurisdiction to issue notice and frame assessment u/s 153c of the act which requires that satisfaction to be recorded with reference to the documents and other materials found during the course of search belonging to a person other .....

Surendra and Company Vs. Rajesh Kumar Rai and Others

Court : Madhya Pradesh

..... in which the analyst has stated that the food product examined does not confirm the standard prescribed as per the provisions laid down under prevention of food adulteration act, 1955 in respect of the above test. the comparative chart is given below to ascertain the correct position of the analyst report: s.no.qualitycharacteristicsname of method of ..... found to be 0.89, whereas it should not be more than 0.5 as required in item a.31 of appendix-b of the prevention of food adulteration act, 1955. in this regard, the petitioner has not offered any satisfactory explanation. learned counsel for the petitioner placed reliance in the case of m/s f.c. food ..... associated while labeling the product. associated means being connected with or in relation to as interpreted by the hon'ble apex court in the case of commissioner madras hindu religious and charitable endowment vs. narayan iyengar reported in air 1965 sc 1916. it is also contended that the magistrate fell in error in not considering the .....

Veerendra Singh Rajak Vs. Seema Rajak

Court : Madhya Pradesh

..... judgment dated 30.10.2014 passed by additional principal family court, gwalior by which a petition for divorce filed by the husband/appellant under section 13 of the hindu marriage act (for brevity "act") on the ground of cruelty has been rejected. 2. during the pendency of this case an application (i.a.no.1429/2015) has been moved jointly ..... allegations for over nine years. in these circumstances, we are ready of the opinion that the present application made by the parties for dissolution of marriage under section 13-b of the act, 1955 is not the result of any collusion between the parties nor was it the result of any passing phase of mental agony or temporary feeling ..... of unhappiness. we have no doubt that decree of divorce under section 13-b of the act, 1955 can be passed without further waiting for statutory period of six months as per section 13-b(2) of the act, 1955." 9. in the case of santosh lalmani tiwari v. aaradhana devi santosh tiwari reported in ii (2013) .....

Hemant Singh Vs. The State of Madhya Pradesh and Another

Court : Madhya Pradesh

..... impose terms and conditions, according to its own whims, ignoring or disregarding the statutory rules, which are binding on it. there is no provision under the act and rules that if the petitioner fails to submit environmental approval/sanction from seiaa, his security deposit or earnest money will be forfeited. it is not unknown ..... for the first time, instructions were issued to get environmental permission/sanction from the seiaa on 24.04.2012. as per mines and mineral (development and regulation) act, 1957 and m.p. minor mineral rules, 1996, there is no provision to obtain environmental permission/sanction from the seiaa. the petitioner, as per the terms ..... at the earliest. state governments and uts also should take immediate steps to frame necessary rules under section 15 of the mines and minerals (development and regulation) act, 1957 taking into consideration the recommendations of moef in its report of march 2010 and model guidelines framed by the ministry of mines, govt. of india. .....

M/s. Tarnado Enterprises, Richhai and Another Vs. Union Bank of India ...

Court : Madhya Pradesh

..... has raised the preliminary objection regarding maintainability of the petition before this court on the ground of availability of alternative statutory remedy of appeal under the act against the impugned order and delay of few months in filing the petition. however, it is also contended that recovery officer has the jurisdiction to ..... certificate and amendment thereof, stay of proceedings under certificate and amendment or withdrawal thereof, other modes of recovery, and application of certain provisions of income tax act are prescribed. if an action is taken by the recovery officer beyond his jurisdiction while not empowered to take any action under section 31-a(2) and ..... any amount from the petitioners. there was no final decree granted even by the presiding officer of drt under section 31-a(1) of the act, yet the proceedings were initiated by the recovery officer and the objection raised by the petitioner regarding maintainability of such execution application before the recovery officer .....

Jodhsingh and Another Vs. State of M.P. and Another

Court : Madhya Pradesh

..... .p.c. for quashing the fir registered as crime no. 183/2013 at police station mungawali for offence under section 3/7 of essential commodities act, 1955 (hereinafter referred to as "the act"). 2. brief facts just necessary for disposal of this petition are as follows:- respondent no. 2 - assistant sub-inspector of police on information ..... umesh kumar chaubey v. state of m.p. reported in 2000 cri.l.j. 1760. it is held that:- "prevention of corruption act, 1988 section 17, 2nd proviso- offence under section 13(1)(e) - investigation conducted by deputy superintendent of police without order of authorisation by superintendent of police - is ..... of this court in similar circumstances have quashed the complaint cases pending before the magistrate and the firs for the offences punishable under section 3/7 of the act. 9. in a similar case, the prosecution was quashed and it was held that investigation was illegal and unauthorised, a coordinate bench of this court in .....

Mamta Bhardwaj Vs. Madhusudan Bhardwaj

Court : Madhya Pradesh

..... and wife by passing a decree of restitution of conjugal rights under section 9 of the hindu marriage act as prayed for by the appellant in the counter claim also, was rightly refused. 41. in view of the aforesaid, we find that the judgment delivered ..... the lower court and also gone into the written statement filed on behalf of the appellant. section 13 of the hindu marriage act reads as under:- 13. divorce. (1) any marriage solemnised, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of ..... the husband including mental cruelty of the worst kind. in such situation, the lower court was justified in dissolving the marriage between the parties by decree of divorce under section 13 (1) (ia) of the hindu marriage act. 40. in such circumstances asking the respondent-husband to live with the appellant-wife in the matrimonial house as husband .....

Vitthal Rao and Others Vs. Kokila Bai and Others

Court : Madhya Pradesh

..... defendants could not claim that they became absolute owners of the property after death of govind rao mahadik because in accordance with section 8 of the act of 1956, the property of male hindu died intrastate shall devolve according to class i heirs and if there is no heir of class i, then upon the heirs being the relative specified ..... 7. it is an admitted fact that govind rao mahadik was died on 23.11.1964. at that time, the provisions of hindu succession act, 1956 (hereinafter referred to as "act of 1956") were applicable. section 8 of the act of 1956 prescribes general rules of succession in the case of male. provisions of the section are as under :- "8. general ..... and (d) lastly, if there is no agnate, then upon the cognates of the deceased." 8. in accordance with section 8 (a) of the act of 1956 the property of a male hindu died intestate shall devolve firstly, upon the heirs, being the relatives specified in class i of the schedule and thereafter relatives specified in class ii of the .....