Court : Madhya Pradesh
..... same. 11. the supreme court in the case of a.jayachandra vs. aneel kaur (2005) 2 scc 22 has held that the expression cruelty has not been defined in the hindu marriage act, 1955. the said expression has been used in relation to human conduct or human behaviour. it is the conduct in relation to or in respect of matrimonial duties and obligations. cruelty ..... kemkar, j. this first appeal under section 28 of the hindu marriage act,1955 (for short the act) has been filed by the husband challenging the judgment and decree dated 29.11.2008 passed by district judge, neemuch in hindu marriage case no.32-c/2007whereby the appellant's application under section 13 (1) (ia) of the act seeking divorce on the ground of cruelty has been dismissed .....
Tag this Judgment!Court : Madhya Pradesh
..... is received, that would facilitate the court in giving a positive conclusion on the mental condition of the respondent wife. 3. it is true that the hindu marriage act, 1955 or any other law governing the field does not contain any express provision empowering the court to issue direction upon a party in a matrimonial proceeding to ..... whether similar direction needs to be issued against wife in the facts situation of this case? 7. admittedly, wife filed an application under section 12 of the hindu marriage act, 1955 against the husband mainly on the ground of alleged impotency of the husband. thus, the basic question before the court below is regarding the correctness of these ..... court in (2009) scc 433 (lalit kishore vs. meeru sharma and another). the apex court held by invoking section 151 that medical examination of a party in hindu marriage act proceedings is permissible. para 2 to 7 of this judgment is reproduced as under:- 2. in our view, the high court as well as the family .....
Tag this Judgment!Court : Madhya Pradesh
..... 13(1)(ib) of the act is made out. 21. in view of the aforesaid analysis, the impugned judgment of the trial court is set aside and the appellant is granted the decree of divorce on the ground of cruelty under section 13(1)(ia) and desertion under section 13(1)(ib) of the hindu marriage act, 1955. 22. the decree be prepared ..... fined by judgment dated 22/9/1992 in criminal case no.1767/1992 (ex.d.1) by cjm, neemuch. 14. the cruelty has not been defined under the hindu marriage act, but by way of several judicial pronouncements the concept and scope of physical and mental cruelty has been elaborated. it is the settled position in law that the word cruelty ..... in this appeal:- (1) whether the appellant is entitled to the decree of divorce under section 13(1)(ia) of the hindu marriage act on the ground of cruelty by the respondent ? (2) whether it is a case of irretrievable breakdown of marriage ? (3) whether the appellant is entitled to the decree of divorce under section 13(1)(ib) of the .....
Tag this Judgment!Court : Madhya Pradesh Gwalior
..... admitted signatures and handwriting for coming to a conclusion and whether the expert's opinion should be obtained for assistance after exercising powers under section 73 of the indian evidence act. (15) it is trite law that a comparison of the disputed with admitted writings is a piece of evidence on record and it is a method of examining ..... of maharashtra v. sukhdeo singh (air 1992 sc 2100)=1992 air scw 2486,the apex court held:- it was then submitted, relying on s. 73 of the evidence act, that we should compare the disputed material with the specimen/ admitted material on record and reach our own conclusion. there is no doubt that the, said provision empowers the ..... 1997 air scw 3315, the apex court held:- the section does not specify by whom the comparison shall be made. however, looking to the other provisions of the act, it is clear that such comparison may either be made by a handwriting expert under section 45 or by anyone familiar with the handwriting of the person concerned as .....
Tag this Judgment!Court : Madhya Pradesh Indore
..... has nowhere pleaded that the firm is already dissolved. thus, the suit of the plaintiff is not covered by any of the exceptions provided in section 69 of the act. in the case of krishna motor service's (supra), the partnership between the parties was already dissolved. in the case of prakash rajmalji jain's case (supra), ..... insolvent partner. (4) this section shall not apply.- (a) to firms or to partners in firms which have no place of business in [the territories to which this act extends], or whose places of business in [the said territories], are situated in areas to which, by notification under [section 56], this chapter does not apply, or (b ..... the revisionist that the alleged partnership firm, being unregistered, the suit of the present nature is not maintainable in law by virtue of section 69 of the indian partnership act, 1932. on the other hand, shri anand singh, learned counsel for respondent no. 1 supported the impugned order. 7) on due consideration of the material available on .....
Tag this Judgment!Court : Madhya Pradesh Gwalior
..... that the petitioners were not juvenile. hence, this revision. (3) the learned counsel for the petitioners referred to the provisions of section 7 of the said act as well as the provisions of section 49 thereof. he submitted that the finding of the learned additional sessions judge ought to be regarded only as an opinion and ..... is prayed that the revision be dismissed. (5) before considering the rival contentions of the parties, it would be relevant to set out the material provisions of the said act: 6. powers of juvenile justice board. - (1) where a board has been constituted for any district or a group of districts, such board shall, notwithstanding anything ..... the powers conferred on the board only when the proceedings of a case came before it in appeal or revision or in connection with any other proceedings under the act. the words 'or otherwise' clearly show that the learned additional sessions judge could pass such an order in a proceeding even other than appeal or revision before, .....
Tag this Judgment!Court : Madhya Pradesh
..... 1069 kunj behari vs state of h.p.) cited by the petitioners has no application here, because that was a case where tea estates were already excluded by the act itself,11 and therefore it was held that the subordinate rules could not prohibit alienation of land subservient to tea plantation. 19. the issues at (b) and (c) ..... not, a heavy burden to demonstrate the transgression would lie upon the petitioners. we are afraid that such burden has not been discharged even remotely. chapter ii of the act consists of sections 3 to 15 and deals with the bar councils, their constitution, functions and staff. apart from saying that there shall be a chairman and a vice ..... vs shalimar chemicals. 17. the respondents defend the challenge mentioned under point (a) of paragraph number 16 above by relying upon sub-section (1) of section 15 of the act. for ready reference the relevant parts of section 15 are reproduced below : 15. power to make rules. (1) a bar council may make rules to carry out the .....
Tag this Judgment!Court : Madhya Pradesh
1. This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 07 th September,10 passed in Criminal Revision No. 89/2011, by the Additional Sessions Judge Sironj District Vidisha (M.P.), whereby the revisional court by allowing the revision petition of the respondents, set aside the order dated 27 th March, 10 of the Sub Divisional Magistrate Sironj M.P. for attachment of agricultural lands with standing crops after appointment of the receiver in order to hand over the attached properties to him in Case No. 57/145/2010 and remanded the matter back with a direction that after affording an opportunity of hearing to the parties, a fresh order under Section 146 of Cr.P.C. may be passed. (2) The facts in short, just for the decision of the present revision are that petitioners/party no. 1 filed the application under Section 145 of the Code of Criminal Procedure 1973 to the effect that disputed a...
Tag this Judgment!Court : Madhya Pradesh
..... 1) .. (2) (3) without prejudice to the provisions of sub-section (1) the lokayukt or an up-lokayukt may, for the purpose of conducting enquiries under this act, utilize the service of :- (i) [divisional vigilance committee] constituted under section 13-a. (ii) any officer or investigation agency of the state or central government, with ..... collection of evidence conducted by a police officer. (emphasis supplied) (iv) by virtue of the provisions of sub-section (1) of section 4 of the act, the superintendence of investigation by the madhya pradesh spe vests in the lokayukt. (v) section 7 of the adhiniyam contemplates procedure to be followed by the lokayukt ..... (investigation) rules, 1982 (rules for short). a conjoint reading of the provisions of the adhiniyam, the rules made thereunder and those of the madhya pradesh special police establishment act, 1947 would reveal that (i) allegation has been defined in clause (b) of section 2 as under:- (b) allegations in relation to a public .....
Tag this Judgment!Court : Madhya Pradesh
..... decree dated 6.2.2006 passed by ist additional district judge, hoshangabad in hindu marriage case no.27-a/05 by which a suit filed by the appellant under section 13 of the hindu marriage act, 1955 was dismissed. 4. facts, in short. of the case are that the marriage between the parties was solemnised on 27.6.1997 at hoshangabad. from the ..... wedlock, there is a son aged 4 years who is with the respondent. the allegations in the plaint are that respondent is of unsound and by concealing this fact, marriage was ..... solemnised. the respondent remained with the appellant for two days after the marriage but during this period, she had not talked to any person and at second time when she came to in-laws' .....
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