Court : Allahabad
Reported in : AIR1994All298
..... while considering the word 'object' in s. 23 of the contract act in the context of enforceability of the debt secured to celebrate the marriage of a minor which was prohibited by child marriage restraint act, 1929, held that the word 'object' in s. 23 means 'purpose' or 'design' of the contract. the same meaning ..... to have ceased to occupy it. section 13 provides for restriction on occupation of building without allotment order. a conjoined reading of section 11 imposes a prohibition on letting without allotment order, section 13 places restriction on occupation without allotment or release. these two sections are required to be read together, reading ..... deemed to have ceased to occupy it. section 13 provides for restriction on occupation of building withoutallotment order. a conjoined reading of section 11 imposes a prohibition on letting without an allotment order. section 13 places restriction on occupation without allotment or release. these two sections are required to be read together. .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ2294
..... is procedural has retrospective operation so that it applies to the present case and its correct interpretation. broad import of article 20(1) of the constitution is to prohibit conviction and sentence under ex post facto laws. this provision creates no inhibition in respect of procedure to be followed in connection with the trial. no person ..... strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years of marriage. this period of seven years is considered to be the turbulent one after which the legislature assumes that the couple would have settled down in life.40. ..... were retrospective. there was a deeming clause in section 113b and under section 304b indicating that if death of a woman was caused within 7 years of her marriage and there was evidence that she was subjected to cruelty by her husband or any other relative, such death was to be called dowry death and such .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All377
..... of the family resulting in registering of a case under section 498-a i.p.c. and under section 3/4 of dowry prohibition act which finally resulted in acquittal. in these circumstances, the wife cannot call to her aid the plea of condonation. there ..... her husband on 14-8-1993 at 0020 hours under section 498-a, i.p.c. and section 3/4 of dowry prohibition act. a copy of the same is on the record of the lower court which shows that she could go to any extent ..... respectable family of allahabad whereas the wife comes from a family of tilhar, district shahjahanpur. their marriage was solemnized at allahabad in march 1988. their wedlock gave birth to a male child. his father is an old businessman; his brother is one of the leading doctors of ..... , namely, the ill-treatment complained of and the result produced thereby. the language of clause 13(1)(ia) of the hindu marriage act is comprehensive enough to include cases of physical as well as mental cruelty. the cruelty may be inferred from the whole facts .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All147
..... could be so treated by both the parties to it without the existence of any decree annulling the said marriage. a marriage is void where there is bigamy, consanguinity or within the degrees of prohibited relationship. in these cases the court will regard the marriage as never having taken place and no status of matrimony as ever having been conferred. consequently, the parties never ..... hindus, if neither party has a spouse at the time of the marriage. this section had been introduced by the parliament with a view to prohibit bigamy. before enactment of the hindu marriage act there was no such prohibition in the pure hindu law. section 11 of the act provides that a marriage between any two hindus, if it contravenes the conditions specified in clauses .....
Tag this Judgment!Court : Allahabad
Reported in : II(1991)DMC554
..... proceeding to grant any relief under this act' will not cover the summary proceedings under section 24.11. it is true, that, in the act, there is prohibition against the appearance of lawyers in proceedings under it. nonetheless, legal assistance would be required by either of the spouse. we should not be oblivious of the fact ..... of maharashira, (a.i.r. 1983 bombay, 128) the argument is that the provisions of sub-sections (2) and (3) of section 23 of the hindu marriage act being mandatory, the court will act without jurisdiction if, without taking recourse to those proceedings, it proceeds under section 24 and grants reliefs there under. the learned single ..... been awarded to the wife.2. sometimes in march, 1987 the petitioner instituted suit in the court of civil judge, gorakhpur under section 9 of the hindu marriage act claiming a decree for restitution of conjugal rights. upon the constitution of the family court, the suit was transferred to that court. the petitioner contested the .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... of expiration of penance. this form of divorce per se coupled with a reason i.e., marriage with mother is never conceived. marriage with one related by milk of the mother is prohibited and not conceivable and so this form of dissolution of marriage or divorce, no doubt, gives a right to refuse company and cohabitation for justified reasons ..... your (offspring) give them their recompense and take mutual counsel together, according to what is just and reasonable. and if ye find yourselves in difficulties, let another woman suckle (the child) on the [fathers behalf](vii) liyunfiq zuu-sa- 'atim -min-sa-' atih, wa man-qudira 'alayhi rizquhuu fal-yenfiq mimmaa' aataahullah. laa yukallifullaahu nafaan 'illaa maa' ..... who is the holder of a holding but (except in chapter iii), does not include :(a) a woman whose husband is a tenure-holder,(b) a minor child whose father or mother is a tenure-holder.43. expression 'family' which has been used in section 5 has been defined by section 3 sub-section 7 as .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.820
..... the judge has to confine himself to a legal fitness in respect of the accused before him.(f) a corollary of the two disciples' view-is that a marriage with a woman certainly prohibited by law does not take sexual intercourse with her out of the category of whoredom and is not, therefore, sufficient to legitimatize its issue. their is expressly ..... saying of the prophet 'avert punishments by doubts.' (and parentage is established in the second) i.e.,, in the case of doubt in the woman (when be claims the child) and is not established in the first class though lie claims it, for the act is positive whoredom ; because there is no doubt as to the unlawfulness of intercourse with ..... ) and it is stated, in the majmaul fatawa :-'if a man marries a thrice divorced wife of his, while he ami she know that the marriage ia fasid and she gives birth to a child, he is not, as is stated in hari, liable to punishment, according to abu hanifa and parentage is established. the two disciples hold a contrary .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All590
..... account when the court its called upon to issue a writ of 'certiorari', but wholly different considerations arise when the writ asked for is prohibition. writ of prohibition is issued whenever a subordinate court or tribunal usurps jurisdiction which does not belong to it, and when that has been shown, the issue ..... entertain then or to proceed to decide them. the whole proceedings started by these applications were, therefore, without jurisdiction and the appellant is entitled to prohibit the compensation officer from entertaining the same. 39. on behalf of the respondents, however, it is said that the compensation officer had jurisdiction to entertain ..... the entire proceedings started by the applications for restoration were, therefore, it was contended, without jurisdiction and the appellant could by a writ of prohibition prevent the compensation officer from acting in excess of his jurisdiction. it was urged that the applications for restoration could not be entertained by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3266
..... . the provincial pharmacy councils were also proposed which would be responsible for the maintenance of provincial registers of qualified pharmacists. it was further proposed to empower the provincial government to prohibit the dispensing of medicines on the prescription of a medical practitioner otherwise than by or under the direct and personal supervision of a registered pharmacist. section 3 of the 1948 ..... neeraj tiwari have countered these submissions by mentioning that pharmacy act, 1948 and the regulations framed thereunder clearly hold the field and as per 1991 regulations, there is clear cut prohibition for awarding grace marks. in this view of the fact, no grace mark has been provided to any b. pharma student.21. submission which has been made stands concluded in .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]70ITR293(All)
..... recovered contrary to the provisions of the constitution could not be used while those which violated other provisions of law could, however be used. in our constitution there is no prohibition like the one contained in the fourth amendment of the united states constitution and, hance, that question does not arise here. it was also argued that production of certain documents ..... of clause (g) quoted above.lastly, it may also be noted that in this matter the provisions of article 20 of the constitution also have no application. article 20 merely prohibits a person being subjected to greater penalty 'than that which might have been inflicted under the law in force at the time of the commission of the offence.' as stated .....
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