Judgment Search Results Home > Cases Phrase: indian divorce amendment act 2001 section 28 amendment of section 52 Court: patna Page 1 of about 106 results (0.135 seconds)

Deepa Raj Kumar Singh Vs. Deepak Kumar

Court : Patna

..... of judgment and decree by the high court passed by the court below. the said provision has been deleted by the indian divorce (amendment) act, 2001. however, the divorce case was filed in 1993 when section 17 of the divorce act, 1869 was in force. the decree was also passed in the year 1988 when the said provision was in force. ..... has also held that there is no such clause in the amendment to show that the legislature had intention to make the amendment retrospective. since the case was governed by indian divorce act, 1869 the court below has referred the judgment and decree under section 17 of the divorce act for confirmation by this court and no party has entered ..... mrs. larley v. mr. john @ johny c.a., 2004 (1) pljr 564 (fb). the full bench while considering section 17 of the divorce act and amendment/deletion of section 17 by amendment act, 2001 has held that it is well settled rule of interpretation that every statute is prima facie prospective, unless it is expressly or by necessary .....

Mrs. Larley Vs. Mr. John @ Jony C.A.

Court : Patna

..... meantime the petitioner had filed an application (i.a. no. 1070/2003) stating that during the pendency of the reference, section 20 of the act was omitted by the indian divorce (amendment) act, referred to above, and therefore, there is no requirement of confirmation of the decree passed by the court below, and in the circumstances, the ..... s.n. jha, j.1. this is a reference under section 20 read with section 17 of the indian divorce act, 1869, ('the act' for short). section 20 as it stood prior to the indian divorce (amendment) act, 2001 (act 50 of 2001) provided that every decree of nullity of marriage made by district judge shall be subject to confirmation by ..... be held to be prospective unless otherwise provided in the amendment. there is no such clause in the amendment by which section 20 has simply been omitted, that is, deleted from the act. it would thus follow that the deletion of section 20 by the indian divorce (amendment) act, 2001 has no bearing on the present proceeding. the .....

Mrs. Larley Vs. John @ Johny C.A.

Court : Patna

..... the meantime the petitioner had filed an application (ia no. 1070/ 2003) stating that during the pendency of the reference, section 20 of the act was omitted by the indian divorce (amendment) act, referred to above, and therefore, there is no requirement of confirmation of the decree passed by the court below, and in the circumstances, the ..... s.n. jha, j. 1. this is a reference under section 20 read with section 17 of the indian divorce act, 1869 (the act' for short). section 20 as it stood prior to the indian divorce (amendment) act, 2001 (act 50 of 2001) provided that every decree or nullity of marriage made by district judge shall be subject to confirmation by ..... be held to be prospective unless otherwise provided in the amendment. there is no such clause in the amendment by which section 20 has simply been omitted, that is, deleted from the act. it would thus follow that the deletion of section 20 by the indian divorce (amendment) act, 2001 has no bearing on the present proceeding. the .....

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... the repeal could not have been severed and divorced from substitution of new provision. the substitution having not taken place because of not following the necessary requirements of previous assent of the governor general, the consequence of implied repeal also did not take place. the amendment act failed in its entirety not affecting the existing law ..... of existing statute, without enacting a new law. in such event the question of seeking president's assent did not arise.36. this was again clarified in indian express newspapers (bombay) pvt. ltd. and ors. v. union of india and ors. pointing out distinction between consequence of law enacted within competence to replace existing ..... , an unrepeatable statute is contradiction in terms, striking as it does at the very root of legislative theory.craies on statute law, 7th ed. p 407 (indian print 1999) has explained the power of any legislature to repeal any existing law as under -no statute can be absolutely perpetual, that is to say, incapable .....

Anita Ruby Paul Vs. Sandeep Paul and anr.

Court : Patna

..... it remained pragmatic and even after the change of society no realistic approach was taken to make amendment in the indian divorce act, perhaps due to the sense of sacramentalism as the marriage under the indian divorce act are usually done in church but the same make a discriminatory with other indian citizens as contemplated under the constitution of india and i feel that the legislative authority must ..... own choice.9. it may be mentioned here that such compromise petition or a joint petition is unknown under the provision of the indian divorce act, although such provision is there under the hindu marriage act and special marriage ct after due amendments, yet the joint petition could not be construed as a promise petition by joining their hands by the parties to the proceeding .....

Sudhanshu Mauli Tripathi Son of Sri Umakant Tripathi Vs. Meena Kumari ...

Court : Patna

Reported in : 2010(58)BLJR195

..... petitioner also charges defendant no. 1 of adultery.2.4 in the circumstances stated above, prayer was made to dissolve the marriage by a decree of divorce.3. the petitioner filed two amendment applications in the proceeding, first one on 26.7.1993, and the second one was filed on 21.9.1993, whereby the details of the criminal ..... has broken down.9.3 in the same vein, mr. roy submits that irretrievable breaking down of marriage is no ground for grant of divorce under section 13 of the hindu marriage act. hence no divorce can be granted to the petitioner. in support of his submission, mr. roy relied upon a judgment reported in 2009 (2) pljr (sc ..... no. 5643/91, currently pending in the court of the learned sub divisional judicial magistrate, patna, under section 498a of the indian penal code read with sections 3 and 4 of the dowry prohibition act.let the parties file their separate applications personally sworn by them incorporating the aforesaid terms and conditions on or before 18.5.2009. .....

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

..... otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this act shall apply to any suit or other proceeding under any such taw.(3)nothing in this act shall apply to suits under the indian divorce act.(4)sections 25 and 26 and the definition o! 'easement' in sec. 2 shall ..... the question of applicability of section 29(2) and section 5 of the limitation act, 1963 to an election petition filed under the provisions of representation of people act, 1951. the supreme court held that the indian limitation act, 1963 is an act to consolidate and amend the law of limitation of suits and other proceedings and for purposes connected therewith. ..... local law. we have already observed that if a period of limitation is prescribed under the special or local law the section 3 of the limitation act, shall stand amended to that extent and in the given case the provisions contained in sections 4 to 24 shall apply. these provisions contained in sections 4 to 24 .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ('rent rules ..... of redetermination of rent and, therefore, the impugned provisions were being given retrospective effect contrary to section 1 of bihar tenancy (amendment) act 1993 which enforces. the amendment act prospectively. a careful perusal of the relevant provisos makes it clear that second proviso is in respect of requirement to take prior ..... which is divorced from morality tends to wither and becomes ineffective.71. it seems manifestly clear that for the ultimate benefit of the governed, judicial vision in judicial review of legislative acts has, necessarily, to be wider and flexible for the preservation of liberty and freedom. the indian constitution has worked .....

Jagdish Prasad Shukla, and ors. Vs. State of Bihar, and anr.

Court : Patna

..... divorce on 6th october,2001.(iv) both the parties are now living peacefully separately and as such this court may not un- settled their settled life.(v) the order of cognizance so far as section 3 and 4 of the dowry prohibition act is not tenable on the ground that no prior sanction was obtained as per amendment made in the act ..... and torturing the complainant and said pressure/ torture as alleged had occurred within the territorial jurisdiction of varanasi court.6. regarding non application of section 406 of the indian penal code, it has been argued that rs.1,50,000/- was voluntarily given by the father of the complainant with an assurance that same amount will ..... persons. it was further argued that in the present case, on the basis of averment made in the complaint petition itself, offence under section 406 of the indian penal code has been categorically made out. it has been argued that in the complaint petition, there is specific assertion that the accused persons persuaded the parents of .....

Mahanth Sarvesh Vs. the Bihar State Board of Religious Trusts and ors.

Court : Patna

..... the learned additional district judge in his impugned order dated 05.2.2001.9. the provision of section 28 as well as section 33 of the act has been amended by bihar hindu religious trust (amendment) act. 2006 (bihar act no. 1 of 2007) which had come into force with effect from the date of its publication in the official gazette. i.e. 05th ..... the said trust for such period not exceeding one year and upon such condition as it thinks fit.11. by the said amending act a new sub-section (3) has also been added to section 33 of the act giving another power to the board, which is as follows:during the period of one year if the dispute over the bonafide ..... the said case was converted into title suit no. 22 of 1966. similarly, the original respondent no. 4 ram rajeshwar also filed a petition under section 192 of the indian succession act, which was registered as misc. (succession) case no. 188 of 1961 on the basis of vasivatnama and mokhtarnama, purported to have been executed by the same mahanth ram .....