Court : Rajasthan Jodhpur
..... of the marriage is provided by the legislature for granting a decree of divorce. this court cannot add such a ground to section 13 of the act as that would be amending the act, which is a function of the legislature.11. learned counsel for the appellant has stated that this court in some cases has dissolved a marriage on ..... is also a ground for divorce. in our opinion, this can only be done by the legislature and not by the court. it is for parliament to enact or amend the law and not for the courts. hence, we do not find force in the submission of the learned counsel for the appellant.13. had both the parties ..... arun bhansali mr. nitin trivedi, for the appellant. mr. sunil beniwal, for the respondent. ---- by the court: this appeal under section 28 of the hindu marriage act, 1955 ('the act') is directed against judgment and decree dated 27.05.2000 passed by the additional district judge, nohar, district hanumangarh, whereby, the petition presented by the appellant seeking dissolution of .....
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..... committee submitted its report on 23rd january, 2013....................................... ........................................................... ...........................................................4. the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. these amendments seek to: ............................................ ........................................................... ........................................................... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and ..... case of the prosecution is that a child defined under the provisions of protection of children from sexual offences act, has been raped. section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. bill no.63 of 2013. proviso to section 309 cr.p.c. reads .....
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..... committee submitted its report on 23rd january, 2013....................................... ........................................................... ...........................................................4. the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. these amendments seek to: ............................................ ........................................................... ........................................................... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and ..... case of the prosecution is that a child defined under the provisions of protection of children from sexual offences act, has been raped. section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. bill no.63 of 2013. proviso to section 309 cr.p.c. reads .....
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..... women. the hindu succession act, 1956, the dowry prohibition act, 1961, the maternity benefit act, 1961, the medical termination of pregnancy act, 1971, equal remuneration act, 1976, criminal law (second amendment )act, 1983 , commission of sati (prevention ) act, 1989, the immoral traffic (prevention )act, 1956, the indecent representation of women (prohibition) act, 1986, are few legislation ..... phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. the provisions like section 498a of the indian penal code to provide protection against cruelty by her husband or his relatives were found to be insufficient law to address this phenomenon of ..... . (s.b.criminal revision petition no.362/2011) 3 with the police against the respondent, alleging commission of the offences under sections 498a & 406 ipc. subsequently, on 20.9.2003, she also filed an application seeking maintenance under section 125 cr.p.c. before the family court, jodhpur. during .....
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..... where an application for refund has been made be- fore the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and the same shall be dealt with in accordance with the provisions of sub-section (2) substituted by that ..... [c.i.t.v. s.chinappa mudaliar, air1969sc1068. hence, a rule should not be construed in a manner that it conflicts with a section of the act. . in indian piston limited versus collector of central excise, madras: (1990) 46 elt3 the hon ble madras high court again noticed that rule 233-b did not prescribe ..... compliance of the order dated 14.10.2003 passed by this court in d.b.central excise reference application no.16/2003 under section 35h of the central excise act, 1944 ( the act ).the customs.excise & service tax appellate tribunal, new delhi ( the tribunal ) has referred the following questions for decision of this court alongwith the statement of .....
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..... of 'penetrative sexual assault' provided under [ 15 ].section 3a of the chapter-ii of the protection of children from sexual offences act, 2012 as well as the definition of 'rape' provided in section 375(a) under the amended act of 2013. the next argument that the prosecutrix was not a minor, too, is not borne out from the record. the prosecutrix ..... as in the present case, the statement of the prosecutrix under section 164 of the cr.p.c.attains importance in view of the provision of section 114a of the indian evidence act, 1872. hon'ble the apex court in the case of mohan lal & anr. versus state of punjab (criminal appeal nos.878-879 of 2011).decided on 11. ..... submitted that as per the medical report, there is no sign of rape having been committed. admittedly, the hymen was intact. hence, under no circumstances, offence under section 376 ipc is made out. further, the petitioner is 74 years of age. he is a happily married man and he has two children. the prosecutrix is the age of his .....
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..... courts in a large number of cases. in the facts and circumstances of this case the high court interfered with the pure findings of fact even after the amendment of section 100 cpc in 1976. the high [18].court would not have been justified in interfering with the concurrent findings of fact in this case even prior ..... to the amendment of section 100 cpc. the judgment of the high court is clearly against the provisions of section 100 and in no uncertain terms clearly violates the legislative intention. ..... plausible ground to the appellants to thwart the suit for eviction of the respondent landlord on the anvil of defect in notice under section 106 transfer of property act for determination of tenancy. although appellants have pointed out many pitfalls in the ocular and documentary evidence of the respondents but in all fairness in the considered view .....
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..... courts in a large number of cases. in the facts and circumstances of this case the high court interfered with the pure findings of fact even after the amendment of section 100 cpc in 1976. the high [18].court would not have been justified in interfering with the concurrent findings of fact in this case even prior ..... to the amendment of section 100 cpc. the judgment of the high court is clearly against the provisions of section 100 and in no uncertain terms clearly violates the legislative intention. ..... plausible ground to the appellants to thwart the suit for eviction of the respondent landlord on the anvil of defect in notice under section 106 transfer of property act for determination of tenancy. although appellants have pointed out many pitfalls in the ocular and documentary evidence of the respondents but in all fairness in the considered view .....
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..... the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the amendment of the family courts (amendment) act, 1991. provided that nothing in this sub-section shall apply to any appeal pending before high court or any order under chapter ix of the code ..... to a bench of two judges; (c) a judge before whom any proceedings under the indian trusts act, 1882 (act no. ii of 1882), the companies act, 1956 (act no. i of 1956). the designs act, 1911 (act no. ii of 1911) or the patents act, 1970 (act no. 39 of 1970) is pending, may with the sanction of the chief justice, obtain ..... testamentary or matrimonial jurisdiction including a proceeding under the indian trusts act, 1882 (act no. ii of 1882). the company act, 1956 (act no. i of 1956), the designs act, 1911 (act no. ii of 1911) or the patents act, 1970 (act no. 39 of 1970); (vi) a reference under section 243 of the rajasthan tenancy act, 1955 (act not iii of 1955); (vii) a case .....
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..... . chandra kumar vs. union of india and therefore abridgement by a constitutional amendment is also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's ..... power under article 227. at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high court's jurisdiction of superintendence under article ..... the money required by them to undertake further studies in super-specialities. it is asserted that as per section 9(i) of the rajasthan rent control act, 2001 the court is required to examine bonafide necessity of the landlord to have rented premises and that in no manner can be reduced only to .....
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