Judgment Search Results Home > Cases Phrase: indian divorce amendment act 2001 section 28 amendment of section 52 Court: gujarat Page 1 of about 410 results (1.453 seconds)

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Reported in : (1968)9GLR511

..... v. smaine already referred to, proceeds to decide the question of the jurisdiction of the court in the following way:the indian christian marriage act became law three years after the indian divorce act. the indian divorce act must have been within the knowledge of the legislature. it is therefore difficult to argue that the; high court had no jurisdiction ..... legal position on the assumption that such was the law, but he concluded that whatever might have been the legal position before the enactment of the indian divorce act, the position was altered by that enactment. this is what the learned judge observed:the learned counsel urged that at that date it was probable that ..... the indian divorce act (iv of 1869), clearly altered the position as to jurisdiction so far as high courts established prior to the date of the enactment are concerned. this act, which came into operation on the 1st of april 1869, declared in its preamble that it was expedient to amend the law relating to the divorce of .....

Jaswantrai Jethalal Vaidya Vs. Vimal W/O Jaswantrai Jethalal and anr.

Court : Gujarat

Reported in : AIR1963Guj152; (1963)GLR514

..... to be followed as far as possible and that the form in schedule ii of the indian divorce act makes a provision for a claim of damages. it is also contended that under article 21 of schedule ii of the bombay court fees act, as amended, there is a provision for court-fees in a claim lor damages against adulterer, in ..... shown as tonows:-'petition by husband for a dissolution of marriage with damages against co-respondent, by reason of adultery. this was in view of section 34 of the indian divorce act, 1869.5. as regards the contention that under order 2 rule 2 and order 2 rule 3 of the civil procedure code, there can be a joinder of causes of ..... is such a provision in section 34 of the indian divorce act, 1869, but there is no such provision in the hindu marriage act, 1955. that is why in the form attached to the indian divorce act there is a provision relating to claim for damages against the adulterer. but forms attach-ed to the indian divorce act are only to be used, as tar as possible .....

Hajuben Suleman and anr. Vs. Ibrahim Gandabhai and anr.

Court : Gujarat

Reported in : (1977)18GLR133

..... purposes of this chapter:(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.(2) such allowance shall be payable from the date of ..... view and commentary on the holy quran,(emphasis supplied).10. in our opinion, there is nothing in the aforesaid speech of the honour-/ able minister moving the amendment suggesting that a mere tender of the amount would be sufficient to bring into existence the power of the magistrate to cancel the order. in fact, the honourable ..... (b) would adversely affect muslim women in view of their personal law providing for maintenance on divorce. the honourable minister who moved the amendment gave the following reply:shri ram niwas mirdha: i will tell you the purpose of this amendment.as j said, under customary or personal law of certain communities, certain sums are due to .....

Commissioner of Income-tax, Gujarat Vs. Nandiniben Narottamdas

Court : Gujarat

Reported in : (1982)26CTR(Guj)200; [1983]140ITR16(Guj)

..... assessee, all income arising to any person, by virtue of a settlement or disposition, whether revocable or not, and whether effected before or after the commencement of the indian i.t. (amendment) act, 1939, from assets remaining the property of the settler or disponer, shall be deemed to be the income of the settler or disponer. the second provision enacted ..... on record. the partnership agreement would itself be a mere piece of evidence and it may not constitute the whole of the evidence. under s. 11 of the indian partnership act, 1932, a contract between the partners can be varied by consent of all the partners and such consent may be express or may be impaled by a course ..... to be faintly urged that the decision in murlidhar's case : [1966]62itr323(sc) , did not notice the provision of s. 16(1)(c) of the indian i.t. act, 1922, and that when we are called upon the examine the contention in the present case in the light of the analogous provisions of s. 60, different consideration must .....

Usha Ratilal Dave Vs. Arun B. Dave

Court : Gujarat

Reported in : (1984)1GLR81

..... permitting either spouse, meaning thereby, even a defaulting spouse, to take advantage of the decree for judicial separation by filing a petition for divorce. amended section 13(1-a) of the act recognises the modern trend that oven in hindu society which has always been somewhat conservative the time had come when it was unrealistic to insist ..... the american court had no jurisdiction to entertain the application and pass a decree and, therefore, that decree could not be a ground for getting a divorce in the indian court. that aspect shall be considered at an appropriate stage.6. it is also stated in the written statement ex. 16, that the husband is ..... therefore, this aspect is not debatable.25. the submission of mr. desai, however, is that that should be a domicile under the international law or under the indian law it would be a private international law. therefore, merely because domicile is considered according to illinois law, would not be sufficient to give jurisdiction to that court. .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... supreme court was concerned with the question of the validity of the notification issued on march 10, 1950 under section 15(2)(b) of the indian criminal law amendment act, 1908 as amended in 1950 declaring the people's education society as an unlawful association. it was published in the official gazette as required by the said ..... patel tried to justify the insertion of these two new provisions on the following ground:16. with reference to section 76-a as inserted in the principal act by the amending act it is stated that it has been observed that experienced, qualified and competent managing directors or chief executive officers of societies are arbitrarily removed by the society ..... violative of article 19(1)(c) of the constitution.regarding contention no. 5 (a):56. by sections 2 and 3 of the amending act of 1981, section 74 of the principal act is amended. the amendment is two-fold viz. insertion of proviso to section 74 and addition to sections 74-a, 74-b and 74-c after original section .....

Manjulaben Prakshbhai Sarvaiya Vs. State of Gujarat and Another

Court : Gujarat

..... mota singh [air 1965 sc 608] had the occasion to consider the import of the word son or daughter which occurred in the punjab preemption act, 1913, as amended by act 10 of 1960. it was contended therein that the expression son or daughter should be so construed so as to include illegitimate children also. a ..... this chapter. (a) "minor" means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority: (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 2. such allowance shall be payable from ..... in particular, section 20,which provides for maintenance to children. we are unable to see any inconsistency between the maintenance act and section 488, criminal procedure code. both can stand together. the maintenance act is an act to amend and codify the law relating to adoptions and maintenance among hindus. the law was substantially similar before and nobody ever .....

Patel Verabhai Kalidas Vs. State of Gujarat

Court : Gujarat

Reported in : I(2000)DMC431

..... where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance ..... time when it was contracted in view of the fact that a period of one year had not elapsed since the dissolution of their earlier marriage by a decree of divorce granted by the court of first instance. such a marriage is not expressly declared void nor made punishable though marriages in breach of conditions nos. (i), (iv) ..... age and relevant legal position revolving round the age of a minor girl.8. in india age of majority has its statutory recognition. section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared .....

P. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1999)2GLR1422

..... where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance ..... time when it was contracted in view of the fact that a period of one year had not elapsed since the dissolution of their earlier marriage by a decree of divorce granted by the court of first instance. such a marriage is not expressly declared void nor made punishable though marriages in breach of conditions nos. (i), (iv) ..... age and relevant legal position revolving round the age of a minor girl.8. in india age of majority has its statutory recognition. section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared .....

Liladhar Karunashankar Trivedi Vs. Minaxiben Bhagwandas Trivedi and 7 ...

Court : Gujarat

Reported in : (2008)1GLR75

..... according to the learned single judge, the provisions contained in section 24 of the gujarat civil courts act and section 299 of the indian succession act run repugnant to each other and unless there is an amendment in the indian succession act, it would be doubtful whether such second appeal would be maintainable? therefore, the matter is placed for ..... of the powers of a district judge or a court of district judge, as the case may be, under the divorce act, 1869, the succession act, 1925, the special marriage act, 1954, or the guardians and wards act, 1890.(2) every order made by a senior civil judge by virtue of the powers conferred upon him under sub-section ..... the high court to confer power upon senior civil judges which otherwise are vested in or exercised by the district judge under special statutes, particularly, the indian succession act and, undisputedly, senior civil judges are invested with such powers.8.1 section 24(2) relates to the form of appeal dependent upon the valuation of .....