Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: jharkhand Page 1 of about 1,392 results (0.104 seconds)

Smt. Hina Singh Vs. Satya Kumar Singh

Court : Jharkhand

Reported in : AIR2007Jhar34; [2007(1)JCR570(Jhr)]

..... - (1) subject to the provisions of this act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized, before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living: separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ..... section 13b of the hindu marriage act was introduced by amendment act of 1976 which reads as under:13b. ..... wrong or disability for the purpose of such relief, and(b) where the ground of the petition is the ground specified in clause (i) of subsection (1) of section 13, the petitioner has not in any manner been accessary to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and(c) the petition is not presented or prosecuted in collusion with the respondent, and(d) there has not ..... 2/2003 whereby he has ordered for dissolution of marriage by mutual consent.2. ..... in 2003 the respondent-husband filed an application under section 9 of the hindu marriage act for a decree of restitution of conjugal right alleging, inter alia, that after marriage the appellant lived with him for about three weeks and, thereafter, she went to kolkata. ..... 2 of 2003. .....

Smt. Deepa Devi Vs. Dhiraj Kumar Singh

Court : Jharkhand

Reported in : AIR2006Jhar29; I(2006)DMC55; [2005(4)JCR191(Jhr)]

..... divorce by mutual consent--(1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have ..... section 13-b was introduced by amending act 68 of 1976 which provides divorce ..... there is no dispute that both the husband and the wife may file joint petition for dissolution of marriage by a decree for divorce under section 13b of the act on the ground that they have been living separately for a period of one year or more and that they have not been able ..... --(1) notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage :provided that the court may, upon application made to it in accordance with such rules as may be made by the high court in that behalf, allow a petition to be presented before one year has ..... , who is husband of the petitioner, filed an application under section 13-b of the hindu marriage act for dissolution of the marriage by a decree of divorce by mutual consent. .....

Dipak Kumar Yadav Vs. Personnel and Adminis Reform

Court : Jharkhand

..... section 16(1) of the hindu marriage act provides that notwithstanding a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976 and whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage is held to be void otherwise than on a petition under this act. ..... he further states that since the petitioner is the son of the second wife and the first wife is already alive and the first marriage was subsisting, thus, the second marriage with the mother of the petitioner solemnized by vishwaranjan yadav is void, so, the petitioner is not entitled to be appointed on compassionate ground ..... the father of the petitioner was married to smt.triful devi and during subsistence of the said marriage and during the life time of the said triful devi, he married with the mother of the petitioner, namely, anjali ..... the letter dated 28.9.2007 provides that if, during the subsistence of a marriage and during the life time of the first wife, any government employee marries for the second time, the said marriage is void one and any children out of the said void marriage is not entitled to be employed in terms of resolution no.13293 dated 5.10. ..... son is also natural son born out of the marriage which may be void in terms of the hindu marriage act. .....

Seema Pathak Vs. Chotelal Pandey

Court : Jharkhand

..... divorce by mutual consent- (1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marraige was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and they have mutually agreed that the ..... learned counsel for the respondent, on the other hand, has opposed the prayer and has submitted that the joint petition under section 13-b of the hindu marriage act was filed on 10.11.2006 and it has been allowed by order dated 15.5.2007, as the said petition was not withdrawn in the meantime and the parties were living separately, and accordingly, on being satisfied that it was ..... learned counsel for the appellant has pointed out from the lower court records that the petition under section 13-b of the hindu marriage act was filed on 10.11.2006 and by order dated 30.11.2006, the case was fixed to be listed after six months and the date was fixed as 14.7.2007. ..... however, the appellant has also filed this appeal alleging that the mandatory requirements of law have not been complied with by the learned court below while allowing the petition filed under section 13-b of the hindu marriage act. .....

M v v Prakash Vs. Union of India Represented Through the General Manag ...

Court : Jharkhand

..... such marriage is void, section 16 of the hindu marriage act provides that notwithstanding that the marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid , shall be legitimate, whether such child is born before or after the commencement of marriage laws(amendment)act,1976 and whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage is ..... on 2nd january, 1992 preventing the children of the second wife from being considered for appointment on compassionate ground cannot be sustained in the eyes of law in view of the specific provision of the hindu marriage act, 1966 and pursuant to the decision of the hon'ble supreme court in the cases of rameshwari devi (supra). 9. ..... observe here that the said decision of railway board, not providing compassionate appointment to the child of second wife of the employee who contracted second marriage in the life time of the first wife, is neither under challenge nor has been shown to be unreasonable, rather it appears to be ..... appointment is not a property which can be subject matter of alienation and can be bequeathed whereas the devolving of property of a person is governed by the law , may it be customary or may it be statutory law, whereas the service and benefit arising out of services are governed by the frame of the contract of service or the rules governing the service of the ..... reported in (2003) 2 scc 673 .....

Union of India Thr Gm Ec Railway Hajipur Vs. Suraj Kumar Prasad andor ...

Court : Jharkhand

..... such marriage is void, section 16 of the hindu marriage act provides that notwithstanding that the marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid , shall be legitimate, whether such child is born before or after the commencement of marriage laws(amendment)act,1976 and whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage is ..... on 2nd january, 1992 preventing the children of the second wife from being considered for appointment on compassionate ground cannot be sustained in the eyes of law in view of the specific provision of the hindu marriage act, 1966 and pursuant to the decision of the hon'ble supreme court in the cases of rameshwari devi (supra). 9. ..... observe here that the said decision of railway board, not providing compassionate appointment to the child of second wife of the employee who contracted second marriage in the life time of the first wife, is neither under challenge nor has been shown to be unreasonable, rather it appears to be ..... appointment is not a property which can be subject matter of alienation and can be bequeathed whereas the devolving of property of a person is governed by the law , may it be customary or may it be statutory law, whereas the service and benefit arising out of services are governed by the frame of the contract of service or the rules governing the service of the ..... reported in (2003) 2 scc 673 .....

Tata Steel Limited and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR365(Jhr)]

..... imposition of entry tax under facially and patently show that the levy of entry tax is compensatory in nature for the following reasons:(i) the preamble of the act, after amendment by 2007 amendment act says that value added tax act is an act to provide for and consolidate the laws relating to value added tax on sale or purchase of goods and on entry of goods into local area in the state of jharkhand and to create jharkhand ..... compensatory in character and it is an admitted position that no sanction of the president of india has been obtained either at the time when the original act was introduced or at the time when the amendment act was introduced and therefore the impugned act along with its amendment being not compensatory in character is not saved by article 304(b) of the constitution as not sanction of the president of india has been obtained before ..... we may in this connection point out that in the counter- affidavit filed by the state in rajan's case (2003) 133 stc 598 (ker) : (1995) 2 klt 369, the stand of the state was that entry tax was collected in lieu of sales tax ..... 2003) 133 stc 598 (ker) : (1995) 2 klt 369, in our view, is contrary to the principle laid down by the apex court in jindal's case (2006) 145 stc 544 (sc) : (2006) 6 scc 241 and vijayalakshmi rice mill's case (2006) 147 stc 609 : (2006) 6 scc 763 and is no longer good law ..... an explanation was added to section 22 in 2003 according to which, the 'development of local areas' means developing and maintaining .....

Padam Kumar Jain Vs. The Union of India Through the Ministry of Mines ...

Court : Jharkhand

..... upon the judgment rendered by the apex court in the case of common cause (supra), it is submitted that the hon ble supreme court had deeply examined the aims and object of the amendment act, 2015 and came to a definite conclusion that the amendment proposed to put in place a mechanism for (i) eliminating discretion, (ii) improving transparency in the allocation of mineral resources, (iii) simplifying procedures, (iv) eliminating delay in administration so as to enable ..... resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b ..... was also found engaged in illegal transportation of ore and theft of ore from the leasehold area of m/s tisco on 10.09.2003 and a case under section 379/411 ipc was also registered against him which is pending. ..... in the leasehold area was closed during 2000-2001 to 2003-04 and from 2011 to till date without any information. ..... balram kumawat versus union of india and others [(2003) 7 scc628, para-25 and 27 thereof] ii.jagmittar sain bhagat and others versus director, health services, haryana and others [(2013) 10 scc136 iii.indian performing rights society limited ..... 2003 .....

Ms Shah Brothers Through One of Its Partner Sri Raj Kumar Shah Vs. The ...

Court : Jharkhand

..... upon the judgment rendered by the apex court in the case of common cause (supra), it is submitted that the hon ble supreme court had deeply examined the aims and object of the amendment act, 2015 and came to a definite conclusion that the amendment proposed to put in place a mechanism for (i) eliminating discretion, (ii) improving transparency in the allocation of mineral resources, (iii) simplifying procedures, (iv) eliminating delay in administration so as to enable ..... resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b ..... was also found engaged in illegal transportation of ore and theft of ore from the leasehold area of m/s tisco on 10.09.2003 and a case under section 379/411 ipc was also registered against him which is pending. ..... in the leasehold area was closed during 2000-2001 to 2003-04 and from 2011 to till date without any information. ..... balram kumawat versus union of india and others [(2003) 7 scc628, para-25 and 27 thereof] ii.jagmittar sain bhagat and others versus director, health services, haryana and others [(2013) 10 scc136 iii.indian performing rights society limited ..... 2003 .....

Anil Khirwal Vs. The Union of India Through the Ministry of Mines and ...

Court : Jharkhand

..... upon the judgment rendered by the apex court in the case of common cause (supra), it is submitted that the hon ble supreme court had deeply examined the aims and object of the amendment act, 2015 and came to a definite conclusion that the amendment proposed to put in place a mechanism for (i) eliminating discretion, (ii) improving transparency in the allocation of mineral resources, (iii) simplifying procedures, (iv) eliminating delay in administration so as to enable ..... resort to the subject to clause under section 8a(5) or (6) of the amended act to refuse extension of lease by the state government cannot be tenable in law in view of the authoritative pronouncement of the apex court and the background in which such regime change has been brought in the matter of renewal of lease under the un-amended section 8 by introduction of the amended section 8(a) applicable to minerals other than those specified in part-a and b ..... was also found engaged in illegal transportation of ore and theft of ore from the leasehold area of m/s tisco on 10.09.2003 and a case under section 379/411 ipc was also registered against him which is pending. ..... in the leasehold area was closed during 2000-2001 to 2003-04 and from 2011 to till date without any information. ..... balram kumawat versus union of india and others [(2003) 7 scc628, para-25 and 27 thereof] ii.jagmittar sain bhagat and others versus director, health services, haryana and others [(2013) 10 scc136 iii.indian performing rights society limited ..... 2003 .....