Court : Punjab and Haryana
Decided on : Feb-12-1990
Reported in : 1991CriLJ2049
..... as per allegations in the complaint, offence under section 498a was allegedly committed prior to the year 1983 and that the provisions of section 498a, ipc having been inserted vide criminal law (second amendment) act no. 46 of 1983 which came into force with effect from 25-12-1985, the petitioners are not liable for that offence. it is ..... offence under section 498a of the penal code cannot be said to be a continuous one. according to the allegations in the complaint, ashok kumar accused withdrew the divorce petition in may 1983. the provisions of section 498a having come into force with effect from 25-12-1983, would not be attracted in the case of ashok ..... years prior to the filing of the complaint. the complaint was filed on 7-1-1988. thereafter, ashok kumar petitioner filed a petition for divorce under section 13 of the hindu marriage act levelling false allegations to the effect that raj rani was incapable of giving birth to a child. this application was subsequently got dismissed in may .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-07-1990
Reported in : II(1990)DMC622
..... desertion is proved then subsequent events were not relevant and relief could be granted on the allegations made in the petition. he further submitted that after the amendment in the hindu marriage act, the burden of proof of desertion is on the spouse who deserts and, therefore, the view taken by the learned single judge in this behalf was ..... her, without any reasonable excuse, but, in my opinion, would also amount to mental cruelty, on which ground as well, the petitioner is entitled to a decree of divorce, against the 'respondent.'3. in appeal, efforts for reconciliation were made by the learned single judge. as a result, the wife agreed to go to her husband on ..... life with her. he also filed a complaint against her and her father under sections 323 and 506, indian penal code, which was dismissed on september 10, 1979. she also pleaded that in the complaint under section 494, indian penal code, the husband promised that he would not keep the said pushpa with him and stay at delhi .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-10-1990
Reported in : I(1991)DMC122
g.r. majithia, j.1. the husband had moved an application under section 10 of the indian divorce act for dissolution of marriage with the respondent by a decree of divorce. the application was dismissed by the trial court on march 31, 1987. the husband came up in appeal to this court against the order of ..... appeal, the parties got their marriage registered under section 16 of the special marriage act, 1954 (hereinafter referred to as the act) and moved an application in this court for amendment of the petition for divorce for one under section 28 of the act. the amendment was allowed. the parties made their statements in court on december 13, 1989. ..... broken. they have been living separately since june 26, 1986 and under these circumstances, their request for divorce by mutual consent appears to be genuine. they are young. if their marriage is dissolved by a decree of divorce by mutual consent, they can rehabilitate themselves in life. 4. consequently, i allow the appeal and dissolve .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-07-1990
Reported in : (1990)98PLR390
..... desertion is proved then subsequent events were not relevant and relief could be granted on the allegations made in the petition. he further submitted that after the amendment in the hindu marriage act, the burden of proof of desertion is on the spouse who deserts and, therefore, the view taken by the learned single judge in this behalf was ..... her, without any reasonable excuse, but, in my opinion, would also amount to mental cruelty, on which ground as well, the petitioner is entitled to a decree of divorce against the respondent.'3. in appeal, efforts for reconciliation were made by the learned single judge. as a result, the wife agreed to go to her husband on may ..... life with her. he also filed a complaint against her and her father under sections 323 and 506, indian penal code, which was dismissed on september 10, 1979. she also pleaded that in the complaint under section 494, indian penal code, the husband promised that he would not keep the said pushpa with him and stay at delhi .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1990
Reported in : AIR1990P& H259; (1990)98PLR666
..... bench of the supreme court by order dated december 3, 1985. in doing so, their lordships observed that the challenge to an analogous act, namely, the punjab agricultural produce markets (punjab amendment) act, 1980, had been negatived in m/s. amar nath om prakash's case (air 1985 sc 218) (supra). their lordships expressed ..... the principal market yard or sub-market yard and not anywhere else in the rest of the notified market area. the punjab agricultural produce markets (amendment and validation) act. 1976, amending the definition of 'licensee' was challenged by the petitioner as well as some others. the writ petitions were dismissed by this court. the ..... the beginning was made with cotton which was in great demand in england. markets were established in central provinces and berar through legislation. in 1919 the indian cotton committee recommended that such markets be established in every cotton growing area. the royal commission on agriculture in india submitted its report in 1928. this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-10-1990
Reported in : AIR1991P& H54
..... the rarefied sphere of constitutional law. what were the basic postulates of the indian constitution when it was enacted? and does the 1st amendment do violence to thosepostulate? can the constitution as originally conceived and the amendment introduced by the ist amendment act not endure in harmony or are they so incongruous that to seek to ..... harmonise them will be like trying to fit square peg into a round hole? is the concept underlying section 4 of the ist amendment an alien in the house of ..... submitted by the counsel for the petitioners the conspectus of the precedents relied is that the power to amend the constitution envisaged by article 368 is unlimited with exception of articles effecting the basic structure. the indian people have built the union on the concept of sovereignty of the people. every provision of the constitution .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-07-1990
Reported in : 1991(33)LC90(P& H)
..... .1989 (annexure p/1) passed against the present petitioner under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, (as amended) (hereinafter referred to as 'cofeposa' act) with a view to prevent him from abetting the smuggling of goods.2. in brief, facts relevant for the disposal of this petition as ..... i.r. no. 15 dated 17.7.1989 of police station gharinda under sections 411/414 indian penal code 25/54/59 of the indian arms act, 18/20/61/85 of narcotic drugs and psychotropic substances act, 1985 and 14 of the foreign act and in f.i.r. no. 178 of 1989 of police station, gharinda under sections ..... 307/34 indian penal code, 3/34/40 indian passport act, 14 foreign act and 5 of the terrorist disruptive (prevention) activities act. it is quite unlikely that the petitioner would be released on bail in aforesaid criminal cases, particularly, with regard to offence under section .....
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