Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Sorted by: recent Page 3 of about 138,023 results (0.260 seconds)

Oriental Insurance Company Ltd. Vs. Smt. Mantari (Widow) and ors.

Court : Punjab and Haryana

Reported in : (2008)2PLR175

..... if the motor vehicles (amendment) act of 1994 is examined, particularly section 46 of act 54 of 1994 by which expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person, including owner of the goods or his authorized representative carried in the vehicle the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if widest interpretation is given to the expression to any person it will not cover either the owner of the goods or his authorized representative being carried ..... as would appear from the discussions made hereinafter a goods vehicle was required to be compulsorily covered by insurance policy in terms of 1939 act but was not so required in terms of 1988 act.in the present case the accident has occurred prior to amendment of 1994 and therefore, in view of the law laid down by hon'ble supreme court finding of learned tribunal cannot be sustained.consequently, f.a.o. no. ..... the reasons for fixing liability on the insurance company by the learned tribunal was that pw4 hanuman had stated that the four-wheeler was carrying dowry articles and other articles of marriage and some passengers of the marriage party were going along with the goods. ..... asha rani (2003-1)133 p.l.r. 1 (s.c.). .....

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Reported in : AIR2007Ker240

..... the questions involved in this matrimonial appeal are : (1) whether a petition for dissolution of marriage filed by the husband on the ground that the wife wilfully refused to consummate the marriage and the marriage has not therefore been consummated (which is a ground for dissolution of marriage under clause (vii) of section 10 introduced by the indian divorce (amendment) act, 2001, act 51 of 2001 by the substitution of section 10 of the divorce act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years ..... comes to pass; designed; intentional; purposeful; not accidental or involuntary.premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification.an act or omission is 'wilfully' done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or to disregard the ..... the petition for dissolution was filed on 22-7-2003.12. ..... he came to india on getting intimation that his mother committed suicide on 25-6-2003. ..... the mother of the husband committed suicide on 25-6-2003. .....

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. .....

Sujata Uday Patil Vs. Uday Madhukar Patil

Court : Supreme Court of India

Reported in : 2007(2)ALD45(SC); 2007(3)ALLMR(SC)319; 2007(3)ALT43(SC); 2007(2)AWC1421(SC); 2007(5)CTC266; I(2007)DMC6SC; [2007(2)JCR229(SC)]; 2007(1)LC0034(SC); (2006)13SCC272

..... this provision has been amended by marriage laws (amendment) act, 2003 on 23.12.2003 and now the period of ..... the year 1999 the respondent (husband) filed a petition for a decree of divorce against the appellant (wife) under section 13(1)(i-a) and (i-b) of the hindu marriage act, 1955 on the ground that the appellant had treated him with cruelty and had also deserted him for a continuous period of not less than two years immediately ..... this purpose a host of factors have to be taken into consideration and the most important being whether the marriage can be saved and the husband and wife can live together happily and maintain a proper atmosphere at home ..... section 13 of the hindu marriage act, 1955 (hereinafter referred as 'the act') lays down the grounds on which a marriage may be dissolved by a ..... (iii) the proceedings initiated by the appellant or by her son against the respondent under (a) the hindu adoptions and maintenance act, (b) section 125 of code of criminal procedure and (c) criminal case under section 494 ipc shall remain suspended for a period of three months and if the amount is paid as indicated ..... respondent, the act of cruelty was pertinent and grave on account of police complaints lodged against the appellant and his father and that too during the period when the marriage of respondents brother ..... relevant time section 28(4) of the hindu marriage act provided a limitation of 30 days for filing an appeal against all decrees made by the court in any proceeding under the act. .....

Nambam Mangi Singh and ors. Vs. Keisham (N) Inakhunbi Devi and ors.

Court : Guwahati

..... the opinion of the learned senior counsel, even if apabi devi (mother of jayantakumar) lost her limited right on the suit land due to her re-marriage in the year 1951, the property would devolve upon the next heirs of her deceased husband in order of succession laid down in sec. ..... 2 of 2002, the said uterine sister of the deceased changed her stand and requested the high court to allow her to amend her written statement to say that the shri mangi singh would not inherit the property since the maternal aunts and uncle were alive and they being the class-ii legal heirs would ..... according to the learned counsel, since apabi devi re-married before the enactment of hindu succession act in 1956, the provisions of the said law will not be applicable to decide the line of inheritance, more so because re-marriage act was repealed only in the year 1983 vide act no. ..... robinchandra singh, learned counsel for the appellants submitted that under section 2 of the re-marriage act, the said widow of jayantakumar ceased to inherit the property. ..... dealing with the re-marriage act, shri nilamani singh, learned senior counsel for the respondents submitted that even this law will not help the appellants to inherit the ..... 45 of 2003 arid the second chart shows the status of the parties in the previous suit i.e. o.s. ..... of 2002 dated 14.8.2003.12. ..... 45 of 2003 in the court of civil judge, ..... this second appeal was dismissed, upholding the decree in favour of shri mangi singh vide judgment and order dated 14.8.2003.2. .....

National Insurance Co. Ltd. Vs. Prema Bai and ors.

Court : Madhya Pradesh

Reported in : 2008ACJ452

..... the single bench of this court has held that in the notification dated 30.9.1985, the state government has declared that at the time of fair (mela), markets and religious functions, festivals and marriages, it is permissible to use the tractor for carrying passengers, at the relevant time, the passengers were travelling in the vehicle for attending fair and, therefore, the said use cannot be said to be contrary to the terms of insurance ..... tractor-trolley is a goods vehicle and the deceased was travelling as a loader and, therefore, the insurance company is liable to pay the amount of compensation.the full bench of this court in the case of jugal kishore : 2003(4)mpht574 , considered the question whether the insurance company is liable to indemnify the passengers travelling in trolley of tractor and whether such passengers will be treated as third party. ..... kamal singh : 2001(3)mplj548 , has held that while considering the amendment in the motor vehicles act, 1988, has held that the insurance company has to satisfy the award in favour of third party and recover the amount from the insured.11 ..... the instant case, the accident occurred on 16.5.1998 subsequent to the amendment to the motor vehicles act, which came into force w.e.f. ..... from the above facts and circumstances and the law laid down by the apex court as well as by the full bench and division bench of this court, it is settled that even if the deceased was travelling as a gratuitous passenger and not being the owner of the goods .....

Smt. Roopa J.M. Vs. Sri Jallur Musturappa and ors.

Court : Karnataka

Reported in : AIR2006Kant196; I(2006)DMC743; ILR2006KAR1505; 2006(2)KarLJ644

..... this stage, the learned counsel for the appellant submits that in view of the amendment to hindu succession act, since the appellant's marriage has taken place subsequent to the amended act, the appellant is also entitled for the share in all the properties. ..... alternatively he contended that according to him/the amended provisions of hindu succession act was not applicable to the case of the appellant since on the date of filing of the said suit, the act was not enure to the benefit of the ..... it is her specific case that after the amendment to the hindu succession act, she is also entitled to claim equal share along with ..... 5/ 2002 by the principal district judge, chitradurga dated 29-1 -2002 and 14-8-2003 respectively are hereby set aside so far as the claim of the appellant is concerned and the matter is remitted back to the trial court for fresh consideration, in the light of the observations made ..... was raised by the appellant before the lower appellate court, the lower appellate court has also not taken into consideration the duty of the father in maintaining the daughter till her marriage and to meet marriage expenses. ..... the trial court held that it was not for the first defendant to maintain the appellant/second plaintiff till her marriage and to meet marriage expenses.13. ..... it is so, it is for the appellant to make a necessary amendment application before the trial court and if such an application is filed, the same has to be considered by the trial court in accordance with law.15. .....

Century Club Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : (2007)5VST292(Karn)

..... therefore it is proposed to amend the definition of 'hotel' to include club with retrospective effect.clearly spelt out the purpose and object of effecting such amendment; that this change in law is within the competence of the legislature and therefore there is no occasion to invalidate any of the provisions of the amended act including the definition clause as amended or the explanation to the definition clause to section 2(4) of the act and therefore the writ petition deserves to be dismissed.25. ..... assistant commissioner of commercial taxes, district circle 1, mysore reported in [2006] 146 stc 473 (karn) : [2003] 54 klj 208, submits that the levy of luxury tax on persons and institutions like marriage halls has been upheld and the division bench while examining the scope of such levy, has opined that the legislature enjoys a wide and unfettered freedom in choosing the subject for tax; that so ..... this court in terms of the order dated january 13, 2003, while issuing rule, restricted the scrutiny in these writ petitions only to the validity of the legislative action and relegated the petitioners to pursue their statutory remedies under the act in respect of the assessment orders.4. ..... 1063 of 2003), which reads as under:this honourable high court may be pleased to declare and strike down the explanation which has been appended to section 2(4) of the karnataka tax on luxuries act, 1979, which was introduced by karnataka act no. ..... state of karnataka reported in [2003] 132 stc 360.26. .....

Smt. Rachna JaIn Vs. Shri Neeraj Jain

Court : Delhi

Reported in : 120(2005)DLT365; II(2006)DMC410

..... 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, 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. ..... said act for dissolution of their marriage by way of mutual consent together with the compromise deed and prayed for waiving the stipulated period of 6 months and permission to place on record the petition under section 13b(2) along with the petition under section 13b(1) of the said act which is admitted by both the parties as per the records of the trial court.j) that on 25.9.2003 the learned adj allowed the above application for amendment and ..... that the impugned order dated 31.3.2004 declining to modify the order dated 1.10.2003 thereby dismissing the petition under section 13b(2) of the hindu marriage act reads as follows;' before adverting to the submissions made by the ld. ..... that on 31.3.2004 the learned additional district judge dismissed the application of the petitioner for modification of the order dated 1.10.2003 and allowed the application of the respondent for withdrawal of the consent in the second motion under section 13b(2) and dismissed the said petition. .....

The Oriental Insurance Company Limited Vs. Banti Devi and ors.

Court : Punjab and Haryana

Reported in : IV(2005)ACC121; 2007ACJ879; (2005)141PLR145

..... vide code of civil procedure (amendment) act, 2002. ..... no further appeal in certain cases:- notwithstanding anything contained in any letters patent for any high court or in an other instrument having the force of law or in another law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and decree ..... letters patent appeal is maintainable against the judgment and order passed by the learned single judge in appeal under section 173 of the motor vehicles act, 1988, against the award rendered by the motor accident claims tribunal is the question raised.2. ..... of section 100-a of the code has been given over riding effect notwithstanding anything contained in any letters patent or any other instrument having the force of law or 'in any other law for the time being in force'. ..... the said question arose in proceedings under the hindu marriage act, 1956.4. ..... for the appellant has vehemently argued that the substituted provision of section 100-a of the code would not be applicable to an appeal under special statute, such as the motor vehicles act, 1988, section 4 of the code provides that nothing in this code shall be deemed to limit or affect any special or local law in force. ..... malina paul, : [2003]1scr1092 wherein it has been held that appeal under section 299 of the succession act, 1925 is not barred by the provisions of section 104 of the ..... 225 of 2003, balbir .....