Skip to content


Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: punjab and haryana Page 4 of about 8,306 results (0.117 seconds)

Aug 24 2009 (HC)

Mamta Rani Vs. Bhupesh Verma

Court : Punjab and Haryana

Reported in : AIR2009P& H186

..... 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 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 that they have mutually agreed that the marriage should be dissolved. ..... months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the ..... the court is required to satisfy after hearing the parties and after making the enquiries that the marriage between the parties had been solemnised and that the averments made in the petition are true and ..... here also, as is apparent from the record, the marriage between the parties was solemnised on 29-7-2007 and as per statements made by both of them, they have been living separately since 11-1-2008 and they have not ..... 227 of the constitution of india filed by the petitioner-wife seeking a direction from this court to condone the statutory period of six months for the grant of decree of divorce under section 13-b of the hindu marriage act, 1955 (for short 'the act').2. .....

Tag this Judgment!

Aug 29 1958 (HC)

Commissioner of Income-tax, Delhi Vs. Partap Chand.

Court : Punjab and Haryana

Reported in : [1959]36ITR262(P& H)

..... he also urged that the provisions of the amending act of 1923 clearly indicate that the legislature intended that a hindu who gets married under the provisions of the special marriage act by declaring that he did not profess the hindu religion is not governed by hindu law in any respect whatsoever.taking up the first point, i am unable to see how section 1 of the caste disabilities removal act, 1850 is relevant for the present purpose. ..... ' it is therefore clear that the provisions of this act can be relevant only after it hold that this enactment of 1850 is of no assistance in construing the provisions of the special marriage act.the learned counsel then urged that the provisions of the amending act indicate that the intention of the legislature in 1870 or at least in 1923 was that a person marrying under the act by declaring that he did not profess the hindu religion was not to be governed by hindu law. ..... the amending act added section 22 of to 26 which in certain respects modified the applicability of hindu law to hindus who professed themselves to be hindus at the time of their marriage under the special marriage act. ..... in all these decisions it has been held that the amending act of 1923 has no retrospective application and that by the declaration the declarant did not cut himself off from the personal law applicable to him as a member of the joint hindu family. .....

Tag this Judgment!

Sep 24 2013 (HC)

Mohan Lal Vs. Senior Superintendent of Police Pathankot and Others

Court : Punjab and Haryana

..... there is now a drastic change in the penal provisions introduced by the criminal law (amendment) act, 2013. ..... even the boy and girl had gone to the office of sub-registrar and got the marriage registered whereas in the instant case, the respondents no.3 and 4 are relying upon a photograph annexure r-3/1 of respondent no.3 and the girl sitting together in bridal robes. ..... after the amendment came into force w.e.f. ..... before the amendment, the definition of term rape . ..... there is even no certificate of solemnization of marriage issued by any religious institution in proof of such marriage.9. ..... relying upon annexure r-3/1, the photographs of respondent no.3 and the girl cannot be evidence of legal and valid marriage in the absence of performance of essential ceremonies of marriage. ..... this order annexure r-3/3 states that even marriage certificate was not filed in support of the plea of marriage. ..... on the other hand, the case of respondents is that the daughter of complainant and respondent no.3 solemnized marriage on 27.5.2013. ..... respondents no.3 and 4 have also attached photographs (annexure r-3/1) of respondent no.3 and the detenue with the reply to support the contention that they have solemnized marriage.6. ..... years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. ..... 3.2.2013, various acts have been termed rape . .....

Tag this Judgment!

Jul 02 1997 (HC)

Satvir Singh and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1998CriLJ405

..... 304-b and section 498-a with other provisions were inserted in the indian penal code by the criminal law (second amendment) act, 1983 with effect from 23rd december 1983. ..... in its real significance was a voluntarily given gift to a daughter or sister, but today, the meaning and extent of dowry have perfectly changed and it implies the presence of a demand or compulsion, exercised by either side to a marriage against its other counterpart, who has almost no option under the social pressure but to bow down to the demand or compulsion. ..... death is caused by bodily burn or otherwise, than under normal circumstances within 7 years of her marriage and soon before her death she was subjected to cruelty, it was termed as dowry death. ..... however, bentham in his theory of legislation has said that the end of man in this institution of marriage might be only the gratification of a transient passion and that if passion satisfied, he would have had all the advantages of the union without any of its ..... after about five months of the marriage, the petitioners namely husband of the complainant, her mother-in-law and father-in-law started complaining that the father of the complainant had not given a car and a bunglow; on account of the said fact, the deceased was being taunted from time ..... dowry, a 'slur' on society and stigma on present generation attached to the sacred institution of marriage tremendously requires a new line of thought and absence of any awakened consciousness would leave us far behind .....

Tag this Judgment!

Feb 04 2014 (HC)

Roshini Jha and Another Vs. State of Punjab and Others

Court : Punjab and Haryana

..... from the above facts, petitioner no.2 prima facie seems to have commit the offence of rape as defined in section 375 of the indian penal code (ipc) as amended by criminal law (amendment) act, 2013 w.e.f.3.2.2013. ..... the petitioners approached this court seeking protection to their life and liberty on the ground that they have performed the marriage against the wishes of parents of petitioner no.1-roshini jha, by stating that petitioner no.1 is major. ..... it is also to be emphasized that simply relying upon the photographs it cannot be said that this was a valid marriage performed with all the essential rituals and ceremonies. ..... the amended definition of rape says that a man is stated to commit rape if he commits the acts as stated in sub-clauses (a) to (d) of section 375 ipc, under the circumstances, falling any of the following descriptions:- sixthly: with or without consent of the girl, when she is under eighteen years of age. . ..... the circumstances that would prima facie kataria rishu 2014.02.17 17:13 i attest to the accuracy and integrity of this document crm-m-12243-2013 -4- indicate that petitioner no.2 allured a minor girl and kidnapped her out of the lawful guardianship of her father. .....

Tag this Judgment!

May 25 1988 (HC)

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H281

..... the effect of the extension of this amendment was that the sister of the vendor lost her right to pre-emption, which she had got by the hindu law of inheritance (amendment act 2 of 1929. ..... the contention of the appellant in that case was that section 2 did not give the central government power to extend the amendment act to himachal pradesh, inasmuch as; the central government could not amend the existing law, i.e. ..... 15 of the punjab pre-emption act, 1913, a sister was not entitled to pre-empt a sale by her brother the hindu law of inheritance (amendment) act (no. ..... such laws include not only the original enactments but also the amending acts. ..... the argument, in effect, was that once you extend the act of a different legislature to chandigarh and that had become the law of chandigarh, an amendment of that law could not be made even if the original act had suffered an i amendment in the state where it was originally enacted and the power of extension in relation to the enactment is exhausted the the original act was extended to chandigarh. ..... part of such state, with such restrictions and modifications, as it thinks fit, any enactment which is in force in a part a state at the date of the notification; and provision may be made in any enactment so extended for the repeal or amendment of airy corresponding law (other than a central act) which is for the time being applicable to that part c state. .....

Tag this Judgment!

Jan 18 1989 (HC)

Miri Ram Gian Chand Sunam Vs. Commissioner of Income-tax.

Court : Punjab and Haryana

Reported in : [1989]178ITR219(P& H)

..... as the conclusion of the income-tax officer regarding concealment of income had been made before the taxation laws (amendment) act, 1975, came into force, the inspecting assistant commissioner cannot but be held to have been vested with the requisite jurisdiction at the relevant time. ..... 'the matter here arises in the context of the deletion of section 274(2) of the income-tax act, 1961, by the taxation laws (amendment) act, 1975, which came into effect from april 1, 1976.in the present case, the income-tax officer completed the assessment on march 5, 1975, and thereafter made a reference to the inspecting assistant commissioner on november 25, 1975. ..... - the question of law referred for the opinion of this court reads as under :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that when reference under section 274(2) read with section 271(1)(c) of the income-tax act. ..... this position in law has also been laid down by this court in itr no. .....

Tag this Judgment!

May 04 1964 (HC)

Chander Bhan Vs. Maha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1965P& H279

..... the amendment of section 35 of the indian stamp act by the indian stamp (east punjab amendment) act 1949 has to be ruled out as being beyond the powers conferred on the central government by section 2 of the part c states (laws) act and even if such a power could be spell out of section 2, that power is ultra vires for the reasons given in delhi laws act case, air 1951 sc 332.(16) mr. ..... (15) thus it will be apparent from what has been stated above that the general government could not extend the provisions of the indian stamp (east punjab amendment) act to delhi by recourse to section 2 of the part c states (laws) acts because section 35 of the indian stamp act was applicable to delhi and no amendment to modification of this provision could be made by recourse to the powers conferred on the central government by section 2 of the part c states (laws) act. ..... held the following part of section 2 of the part c states (laws) act as invaild:--'*****provision may be made in any enactment so extended for the repeal or amendment of any corresponding law (other than central act) which is for the time being applicable to the part c state. ..... part of such state with such restrictions and modifications as it thinks fir any enactment which is in force in a part a state at the date of the notification; and provision may be made in any enactment so extended for the repeal or amendment of any corresponding law (other than a central act) which is for the tine being applicable to that part c, state. .....

Tag this Judgment!

Jul 11 1961 (HC)

Fauja Singh Ralla Singh Vs. the State

Court : Punjab and Haryana

Reported in : 1962CriLJ840

..... section 2 of the opium laws (amendment) act, 1937, clause (i) of section 3 of the old act was substituted by the following ..... counsel forgets that subsequent to that decision the definition of opium contained in section 3 of the opium act has been amended by the opium laws (amendment) act (52 of 1957). ..... obvious that by this amendment the definition, of the expression 'poppy-heads', contained, in the punjab opium orders, was enlarged and brought in line with the definition of the word 'opium' as introduced by the opium laws (amendment) act of 1957.7. ..... ), whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted therefrom;thus it is evident that if under the opium act and the rules or orders promulgated thereunder the possession of opium is prohibited, that prohibition would apply not only to capsules of poppy in their original form but also to crushed or powdered ..... the relevant portion of section 3 of the opium act (1 of 1878), as it stood before the amendment which was relied upon in , read as ..... orders were, however, subsequently amended by the punjab government notification ..... order 5 was also amended by the aforesaid notification dated the 21st march, 1958, and substituted by the ..... as a consequence of this amendment no person could possess any quantity of poppy-heads,, whether in their original form or cut, crushed or powdered, in the year 1959-60, and not exceeding 1/2 a seer in 1957-58, and also not exceeding 1/4th seer in 1958-59, .....

Tag this Judgment!

Feb 14 1997 (HC)

Commissioner of Income-tax Vs. Mrs. Manjula Sood

Court : Punjab and Haryana

Reported in : (1997)140CTR(P& H)212; [1997]227ITR873(P& H)

..... passed after the expiry of two years from the date of assessment which was completed on june 27, 1984, and according to the provisions of section 263 (as it stood before the substitution of sub-section (2) ibid by the taxation laws (amendment) act, 1984, with effect from october 1, 1984), the commissioner of income-tax had powers to revise the assessment under section 263 on or before june 27, 1986, which was not done in her case. ..... gupta, learned senior advocate, appearing on behalf of the petitioner, is that sub-section (2) of section 263 was amended by the taxation laws (amendment) act, 1984, and the time-limit for passing orders under section 263 was laid down with effect from october 1, 1984, as two years from the end of the financial year in which the order ..... the clarification relied upon reads thus :'as a consequence of the amendment of section 263 of the income-tax act, 1961, by section 47 of the taxation laws (amendment) act, 1984, the limitation for passing an order under section 263 will, in view of the general principles of interpretation of statutes, stand extended in cases where the period of limitation originally laid down in that section had not ..... learned counsel for the respondents, however, contends that vide clarification on the taxation laws (amendment) act, 1984, issued by the central board of direct taxes appearing at [1985] 151 itr 46, it has not been clarified as to whether the amendment is retrospective in nature. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //