Court : Madhya Pradesh
..... by the judgment and order dated 26.02.2010 passed by district judge, ashok nagar, in hma case no.23-a/2009 rajesh vs. mamta , the non-applicant/appellant has filed this appeal under section 28 of the hindu marriage act, 1955. the learned district judge has allowed the application for restitution of conjugal rights and directed the ..... appellant/wife to join the respondent at her matrimonial home and discharge her obligations as married wife. it is not disputed that the marriage of the respondent was ceremonized with the ..... went away without reason, did not. in the case of milan vs. sunil reported in 2008 vol.ii s.n.36, it is held that, hindu marriage act (25 of 1955), section 9 restitution of conjugal rights -decree for restitution of conjugal rights challenged by wife wife did not agree to live with husband and not even .....
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..... 17. all the findings given by the learned trial court are based on the proper appreciation of evidence. 18. the term cruelty has not been defined in the hindu marriage act, 1955. cruelty may be of two kinds, one is physical cruelty and second is mental cruelty. so far as mental cruelty is concerned, according to us the cruel ..... reasonably possible for him to live with her. in this way, this petition was filed for divorce on the ground mentioned under section 13(1)(ia) of the hindu marriage act, 1955. 4. in reply, the averments made in the petition by the applicant were denied. the factum of ill-treatment, mental agony and desertion has also been denied ..... civil suit no.142a/2003 was filed under section 13 of the hindu marriage act, 1955 by applicant/respondent rajesh dua against nonapplicant/ appellant for the relief of divorce on 14.07.2003. in brief the facts of the case before the trial court were that the marriage of applicant/respondent rajesh dua was solemnized on 19.05.2001 with .....
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..... /2005) is allowed and delay in filing the appeal is hereby condoned. heard. this appeal has been filed by the plaintiff /appellant for enhancement of alimony under section 28 of hindu marriage act, 1955. the appellant is aggrieved by the judgment dated 25.11.2004 passed by the learned additional district judge, chachoda district guna in h.m.a. case no. 6-a/01 ..... appeal no. 2/98 (kamla bai vs. mathuralal) was filed before the high court in which a decree of dissolution of marriage has been passed on 16.1.2001. the appellant wife filed an application under section 25 of hindu marriage act, 1955 before the additional district judge, chachoda which was registered as h.m.a 6a/01 for grant of alimony at the rate .....
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..... the pendency of the lokayukta case i.e. crime no. 133/2011 and his contention is that once a criminal case was pending for offences under the prevention of corruption act, 1988, the transport commissioner in all fairness should not have transferred the respondent no. 3 to a sensitive place field posting. . he has drawn the attention of this ..... 28-01-2012 has categorically informed the deputy secretary transport department. about the registration of a criminal case u/s. 13(1)(a)(d), 132 of the prevention of corruption act, 1988 against the respondent no. 3, t.p.s. bhadoriya. relevant paragraph of the aforesaid letter reads as under:- hindi matter 14. it is an admitted fact that ..... enquiry or who is otherwise under cloud to a field post, keeping in view the policy and circular dated 05-07-2005/19-12-1994 and the respondents shall act in accordance with the circulars dated 05-07-2005 and 19-12-1994, while issuing fresh transfers in respect of the employees of the transport department. 6. the .....
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Prakash Shrivastava, J: 1. This Writ Petition under Article 226 of the Constitution is directed against the Order dated 20th June, 2011 passed by the respondents cancelling the empanelment of the petitioner for allotment of retail outlet dealership. 2. In brief, the respondents had issued the advertisement dated 16/10/2009 inviting applications for allotment of retail outlet at "Tanodia" (on right hand side on Ujjain Kota Road), District Shajapur in open category. The petitioner had filed an application in pursuance to the advertisement on 10/12/2009 along with the relevant documents. The petitioner was called for the interview on 13/6/2010 and thereafter the results were declared and the petitioner was placed and empanelled at Sl.No.1 in the list of selected applicants. Thereafter the petitioner had received the impugned communication dated 20/6/2011 cancelling the empanelment, therefore, the petitioner after making a representation to the respondents has approached this Court by way ...
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anil kumar sharma, j: 1. the appellant/husband has filed this first appeal under section 28 of the hindu marriage act, 1955, challenging the judgment and decree dated 20-2-2006 passed in civil suit no. 9-a/2005 by learned additional district judge, beohari, district shahdol (m.p.). ..... been consummated owing to the impotency of respondent (geeta choudhrey) as her genital parts in the body were absent. on filing petition under section 12 of the hindu marriage act, challenging the marriage on the ground of contravention of the conditions specified in clause (2) of section 5, the learned trial court, allowed the suit and passed the decree of ..... abbayolla m. subba reddy v. padamamma,, air 1999 ap 19, in which considering the provision of section 25 of the hindu marriage act, it has been held that where the marriage admittedly is nullity, hence, section 25 of the hindu marriage act has no application. it is further held that the said relief of maintenance cannot be granted by invoking of section 151 .....
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..... (iv) if the federal structure is violated by any legislative action, the constitution takes care to protect the federal structure by ensuring that the courts act as guardians and interpreters of the constitution and provide remedy under articles 32 and 226, whenever there is an attempted violation. in the circumstances, any ..... state legislature involves limitation on legislative powers and, therefore, this requires an authority other than parliament to ascertain whether such limitations are transgressed. judicial review acts as the final arbiter not only to give effect to the distribution of legislative powers between the parliament and the state legislatures, it is also ..... ornaments from the almira, then the same was probably broken by some implements but for that no evidence was collected in the investigation. challenging the act of police changing the line of investigation, they said that as per prosecution, ramesh yadav had confessed to commit the impugned crime. if such confession .....
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..... araji no. 3573/1 area 0.83 acres situates at mohalla amahiya rewa, tahsil huzur, district rewa on the ground that the petitioner is in possession of suit land since 1955 56. the petitioner/plaintiff has affixed fixed court fee. the respondent on being noticed raised preliminary objection by filing an application under order 7 rule 11, cpc that since declaration ..... 245 and shamsher singh vs. rajinder prashad and others : air 1973 sc 2384).section 7 (iv) (c) of the court fees act, 1870 provides for: 7.computation of fees payable in certain suits the amount of fee payable under this act in the suits next hereinafter mentioned shall be computed as follows: (c) for a declaratory decree and consequential relief : to obtain .....
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..... that the custom of "chodchuti " "(nksm+&nqv~vh) " allegedly prevalent in his community. the trial court found that appellant/plaintiff having performed the marriage with respondent/defendant no.1 as per hindu rights and custom was bound by provision contained under section 2 of the hindu marriage act, 1955. and in absence of any cogent and material evidence to establish that the custom of dissolution of ..... marriage by chodchuti (nksm+&nqv~vh) is prevalent in the appellant/plaintiff's community held that provision of the act of 1955 are applicable and the alleged dissolution of marriage being not in consonance with statutory provision, answered .....
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..... executed shall be governed solely by the lease deed executed in favour of victor rodriguez, the predecessor of the petitioners. such lease deed was renewed in the year 1955 up to the 1987, but said lease deed does not contain any clause for obtaining prior permission from the competent authority to sell the property. on such premises ..... defined under the provisions of section 182 of the code because the every grant of the state government would be treated to be a grant under the government grants act 1895. thus, the petitioner contentions that the provisions of section 181 and 182 the code are not applicable, is misconceived. the board of revenue in paragragh 7. ..... the reasonable period of limitation may be borne out from the statutory scheme of the act. the supreme court while considering the various provisions of punjab general sales tax act, 1948 in para 19 has held that looking to the scheme of the said act the maximum period of limitation provided in sub-section (6) of section 11 of .....
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