Judgment Search Results Home > Cases Phrase: special marriage act 1954 chapter i preliminary Page 1 of about 1,209 results (0.102 seconds)

Bilquis ZakiuddIn Bandookwala and Others Vs. Shehnaz Shabbir Bandukwal ...

Court : Mumbai

..... view of the first clause of section 21 of the special marriage act, 1954 being a nonobstante clause so far as it relates to sections 57 and 58 of the indian succession act, the effect of the marriage of the deceased with the defendant would be that his succession would be governed under the indian succession act. ..... registration of the marriages under the special marriage act, 1954, are set out in section 21 of the act thus:"21. ..... he would be treated on par with persons of other communities, married under the special marriage act and hence the rigours of the indian succession act applicable to such wills would also apply to the deceased. mr. ..... succession to property of parties married under act._ notwithstanding any restrictions contained in the indian succession act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purpose of this section that act shall have effect as if chapter ii of part v (special rules for parsi intestates) had been omitted ..... of section 29 of the indian succession act, reads thus:"part v inteste succession chapter i preliminary29. ..... chapter ii therein deals with rules in cases of intestates other than parsis shown in sections 31 to 40 of the indian succession act ..... of section 57 reads thus: "part vi testamentary succession chapter i introductory57. .....

Balarani Kali Vs. Jagannath Kali and anr.

Court : Kolkata

Reported in : AIR1967Cal203,1967CriLJ462

..... alleged by the petition of complaint is said to have been committed by a second marriage by the accused with another female pritilata biswas under special marriage act, 1954 by a false declaration that he was unmarried. ..... the learned magistrate, in view or fact that before the complaint had been filed by the petitioner there was a decree of divorce severing the tie of marriage, held that the complainant was not a person competent to lodge the complaint for that particular offence. ..... no court shall take cognizance of an offence falling in chapter xix or chapter xxi of the indian penal code or under sections 493 to 496 (both inclusive) of the same. ..... before that learned magistrate a preliminary point was taken on behalf of the accused by pleading that the complainant had instituted a suit, being matrimonial suit no. ..... ghose emphasised the severance of the tie of marriage by the decree of divorce i do not see anything in section 198, cr. p. c. ..... at the date of that alleged offence remains the person aggrieved despite the fact that at a latter date before the complaint is lodged in court there has been a decree for divorce dissolving the marriage between the complainant and the accused. ..... in its material part is in these terms:'prosecution for breach of contract and offences against marriage. .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate ..... celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 (3 of 1872), or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: (e) the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this act, this condition shall be subject to any law, custom or usage having the ..... before registering an fir against a queer couple or one of the parties in a queer relationship (where the fir is sought to be registered in relation to their relationship), they shall conduct a preliminary investigation in terms of lalita kumari v. ..... before proceeding further, a preliminary point must be made. ..... similarly, the sections addressing the union government s preliminary objections i.e. .....

Prabir Chandra Chatterjee Vs. Kaveri Guha Chatterjee

Court : Kolkata

Reported in : AIR1987Cal191,91CWN870

..... as will appear from the provisions of chapter iii of the special marriage act, a hindu marriage or, for the matter of that any duly celebrated marriage, other than one solemnised under the special marriage act, may be registered under that chapter and on such registration a certificate of marriage shall be entered under section 16 of the act in the marriage certificate book in certain specified form. ..... chatterjee has, however, urged that the certificate that has been granted in this case under the special marriage act is not one of registration under section 16 of the act of a marriage already celebrated earlier under hindu rites, which certificate should be in the form specified in the fifth schedule of the act; but it is a certificate under section 13 of the act in the form specified in the fourth schedule in respect of a direct solemnisation of a marriage under chapter ii of the special marriage act. ..... as amended by the amendment act of 1976, the court may try and dispose of an issue of law as a preliminary issue only if that issue relates to -- (a) the jurisdiction of the court, or (b) a bar to the suit created by any law for the time being in force. ..... chatterjee that the court ought to have tried the question as to the maintainability of the petition for divorce filed by the wife/opposite party as a preliminary issue. .....

Sonia Kunwar Singh Bedi Vs. Kunwar Singh Bedi

Court : Mumbai

..... marriage laws amendment act, by which section 28(4) of the hindu marriage act was amended, was obviously to give a larger period of limitation for the parties aggrieved by the orders passed in matrimonial cases under the hindu marriage act and the special marriage act ..... under the hindu marriage act and the special marriage act was raised from 30 days to 90 days by the act. ..... have been brought about, as per the marriage laws amendment act, 2003, that the period of limitation prescribed must be enhanced not only for appeals under section 28(4) but also under section 39 of the special marriage act. ..... observations: "the learned counsel for the applicant has drawn the attention of this court to the amendment to the hindu marriage act, 1955 which has been incorporated by the marriage law (amendment) act, 2003 and notified in the official gazette on 23.12.2003 wherein it is provided under section 5, that in section 28 of the hindu marriage act, in sub-section (4), for the words "period of thirty days", the words "period of ninety days" shall ..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, ..... view thereof, we reject the preliminary objection and hold that there is .....

Mrs. Debi Bhaduri Vs. Kumarjib Bhaduri

Court : Kolkata

Reported in : AIR1980Cal1

..... in chapter iii amendments to the special marriage act, 1954 have been specified. ..... on may 27, 1976 the marriage laws (amendment) act, 1976 came into force amending certain provisions of the hindu marriage act, 1955 and the special marriage act, 1954.4. ..... 39 (1) which is as follows:--'all petitions and proceedings in causes and matters matrimonial which are pending in any court at the commencement of the marriage laws (amendment) act, 1976, shall be dealt with and decided by such court-- (i) if it is a petition or proceeding under the hindu marriage act, then so far as may be as if it had been originally instituted therein under the hindu marriage act, as amended by this act;(ii) if it is a petition or proceeding under the special marriage act, then so far as may be as if it had been originally instituted therein under the ..... in chapter ii amendments to the hindu marriage act, 1955 have been mentioned. ..... it is clear that in view of the provisions of section 39 (1) (i) the present appeal would be governed by the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976 and the period of limitation prescribed by the amendment act and not the original period under the limitation act, 1963 would be applicable to the present appeal.17. ..... the respondent also prayed that the po:nt of limitation should be decided as a preliminary issue.12. .....

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... communal flare-up throughout the country on account of the events at ayodhya on 6th december, 1992, the most appropriate course, in the opinion of the central government, was to make this acquisition along with the special reference to decide the question which would facilitate a negotiated solution of the problem, and if it failed, to enable the central government to take any other appropriate action to resolve the controversy and restore communal harmony ..... clear indication of the acquisition of only a limited and not an absolute title in the disputed property by the central government, sections 6 and 7 read together give a clear indication that the acquisition of the disputed property by this act is for a particular purpose and when the purpose is achieved the property has to be transferred in the manner provided in section 6; and the central government is obliged to maintain the status quo as in existence on 7th january, ..... them that the central government, after the prime minister's statement made on 7th december, 1992, to rebuild the demolished structure (para 1.22 in chapter i of the white paper) resiled from the same and by incorporating certain provisions in the statute has sought to perpetuate the injustice done to the muslim community by the act of vandalism of demolition of the structure at ayodhya on 6th december, 1992. ..... subodh gopal bose : [1954]1scr587 held as under:.and among such powers was included the power of 'acquisition or requisitioning of property' for union .....

Dr M. Ismail Frauqui and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1

..... it is by itself not decisive of the real controversy since the core question has not been referred; and it also gives no definite indication of the manner in which the central government intends to act after the special reference is answered, to settle the dispute it was urged that the question referred is, therefore, academic, apart from being vague, and it does not serve any constitutional purpose to subserve which the ..... flare-up throughout the country on account of the events at ayodhya on 6th december, 1992, the most appropriate course, in the opinion of the central government, was to make this acquisition along with the special reference to decide the question which would facilitate a negotiated solution of the problem, and if it failed, to enable the central government to take any other appropriate action to resolve the controversy and restore ..... imposition of president's rule in the state of uttar pradesh as a consequence of the events at ayodhya on 6th december, 1992, action taken by the central government is detailed in chapter viii of the white paper with reference to the communal situation in the country which deteriorated sharply following the demolition of the rjb-bm structure on 6th december, 1992 and spread of ..... with these preliminary observation we will considered the contentions set forth above.this court is, therefore, entitled to decline to answer a question posed to it under article 143 if it considers that it is not proper or possible to do ..... mutt 1954 ..... 1954 .....

Swarandip Singh Ratra Vs. the Registrar, Co-operative Societies, Delhi ...

Court : Delhi

Reported in : ILR1974Delhi692

..... one month after the receipt of a requisition in writing from the registrar or from such number of members or a proportion of the total number of members, as may be provided in the bye-laws, sub-section (2) of section 30 is in the following terms:- '(2)if a special general meeting of a co-operative society is not called in accordance with the requisition referred to in subsection ( 1 ), the registrar or any person authorised by him in this behalf shall have the power to call such meeting and that meeting ..... rule 51 relates to general meetings and sub-rule (1) is to the effect that without prejudice to the provisions of sections 29 and 30 of the act, the meetings which shall be convened by a co-operative society of its general body shall be :- (a)preliminary general meetings; (b)annual general meeting; and (c)special general meeting. ..... audit report and the annual report: (d)disposal of the net profits; and (e)consideration of any other matter which may be brought forward in accordance with the bye-laws : provided that the registrar may, by general or special order, extend the period for holding such meeting for a further period not exceeding three month. ..... the heading of chapter iv of the rules is 'management of co-operative societies' and the marginal note of rule 54 can by no stretch of imagination be regarded as the heading. in m/s. ..... (13) in the rules chapter iv has the heading 'management of co-operative societies' and comprises of rules 42 to 66. .....

Sandoz Private Limited and Another Vs. The Union of India, through the ...

Court : Mumbai

..... to time, formulate and announce, by notification in the official gazette, the foreign trade policy and may also, in like manner, amend that policy: provided that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the official gazette. 23. a bare perusal ..... dated 20th april, 2012, 20th october, 2012 and 4th february, 2013, vide which three ted refund claims were made were filed in the office of the development commissioner, seepz, special economic zone for the period/quarters january-march, 2012, july-september, 2012 and october-december, 2012 in accordance with paragraph 8.5 of the ftp ..... chapter 1 of this act contains the preliminary provisions in which appears section 2 ..... . the proviso to section 5 clarifies that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in ..... relevant terms, including the words import and export what is then pointed out is that the import and export in relation to the goods, services and technology regarding special economic zone or between two such zones shall be governed in accordance with the provisions contained in the special economic zones act, 2005. 22. .....