Court : Supreme Court of India
Reported in : AIR1986SC1126; 1986(1)SCALE416; (1986)2SCC431; [1986]1SCR633; 1986(2)LC390(SC)
..... the learned judge disallowed the contention raised on behalf of the appellants as to the constitutional validity of sections 49a and 49b of the act as introduced by the electricity (supply) (rajasthan amendment) act, 1976 and upheld the right of the board to revise the rate of supply as agreed upon for the period commencing from january 1, 1971 onwards and enforced a demand for payment of the difference between the uniform tariffs as fixed from time to time and the agreed rate. ..... 49b of the electricity (supply) act, 1948 as introduced by the electricity (supply) (rajasthan -amendment) act, 1976, it was lawful for the rajasthan state electricity board to revise the special rate of tariff agreed upon and to raise a demand against the appellants by its letter dated february 1, 1971 for payment of the difference between the uniform tariff under schedule hs/lp/ht-1 applicable to all large industrial consumers under the board's tariff notification dated april 26, 1969, and the concessional rate in terms of clause 18 of the agreement between the parties dated .....
Tag this Judgment!Court : Chennai
Reported in : AIR1975Mad331; (1975)1MLJ439
..... this is an appeal by the husband against the judgment of the second additional district judge, pondi-cherry, dismissing his petition under section 9 of the hindu marriage act, 1955 for a decree directing the respondent, his wife, to perform conjugal duties by coming and living with the appellant. ..... but then legislative enactments like the hindu marriage act have made considerable inroads upon the unqualified rights that the hindu husband previously enjoyed over the wife. ..... in this case, even in her counter the respondent has said as follows-'the petitioner by his opting to go to pondicherry on transfer from madras caused deprivation of the company of the respondent. ..... after the marriage, certain trivial misunderstandings appear to have broken out between the parties, whereupon the appellant expressed to the state transport undertaking his willingness to go to pondicherry, whereupon he was transferred to pondicherry. ..... in fact, even for four or five years prior to the marriage, the respondent was in the service of the corporation as a school mistress. ..... vuyyuru radha : air1965ap407 , that it is the bounden duty of a hindu wife to live with her husband wherever he may choose to reside and that it is the right of the husband to reauire his wife to live with him and that courts cannot deprive him of his right except under special circumstances which absolve the wife from that duty. ..... but it is the petitioner who is adamant about being in pondicherry sticking to his same old bad habits.'3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1158; 2006(2)ALD57(SC); 2006(2)AWC1599(SC); 2006(2)BomCR497; (SCSuppl)2006(2)CHN191; 101(2006)CLT639(SC); 2006(1)CTC552; 127(2006)DLT282(SC); I(2006)DMC327SC; [200
..... under section 8 of the hindu marriage act, 1955 (in short the 'hindu act') certain provisions exist for registration of marriages. ..... the legislative intent in enacting section 8 of the hindu act is apparent from the use of the expression for the purpose of facilitating the proof of hindu marriages.16. ..... in the state of haryana, the haryana hindu marriage registration rules, 2001 under section 8 of the hindu act have been notified. ..... in jammu and kashmir, jammu and kashmir hindu marriage act, 1980 empowers the government to make rules to provide that the parties (hindus) shall have their particulars relating to marriages entered in such a manner as may be prescribed for facilitating proof of such marriages. ..... as noted above, the hindu act enables the state government to make rules with regard to the registration of marriages. ..... from the affidavit filed on behalf of the state of tripura, it appears that the said state has introduced rules called tripura hindu marriage registration rules, 1957. ..... it is pointed out in the affidavit filed on behalf of the respondent-state of goa that the hindu act is not in force in the said state since it has not been extended to the state either by the goa, daman and diu laws regulations, 1962 or by the goa, daman and diu laws (no. ..... in pondicherry, the pondicherry hindu marriage (registration) rules, 1969 have come into force w.e.f. ..... this can be done by amending the existing rules, if any, or by framing new rules. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom55; (1972)74BOMLR496; ILR1973Bom113; 1972MhLJ762
..... after the enactment of section 13(1-a) of the hindu marriage act by the hindu marriage (amendment) act, 1964 the various high courts have had occasion to deal with the matter. ..... prior to the amendment of the hindu marriage act in 1964, there were two more grounds on which the court could grant divorce but only at the instance of the wronged party. ..... the ground given by the learned judge for the dismissal of the petition is that section 13(1-a) of the hindu marriage act is controlled by section 23 of the said act and that by virtue of the said provision if any of the grounds for granting relief exists the court shall decree such relief provided the petitioner is not in any way taking advantage of his own wrong or disability for the purpose of such relief. ..... thereafter in 1968 the petitioner filed in the bombay city civil court the petition from which the present appeal arises under section 13(1-a) of the hindu marriage act praying for divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period or upwards of two years after the passing of the decree for judicial separation. ..... there appears to be little doubt that under section 23(1)(a) of the hindu marriage act it is the conduct of the petitioner after the passing of the decree for judicial separation that is to be taken into consideration in deciding whether the petitioner is or is not in any way taking advantage of his own wrong. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)LHSC2281; 2009AIRSCW4267; AIR2009SC2840; 2009(4)ALT33(SC); 2009(4)AWC3467(SC); 2010(1)BomCR556; JT2009(8)SC146; (2009)5MLJ1203(SC); 2009(II)OLR(SC)121; (2009)155PLR473; RLW2009(4)SC3070; 2009(7)SCAL:2009AIRSCW4267:2009(4)LHSC2281
..... the hindu marriage act, as amended in 1976, recognizes this theory in section 13b.32. ..... the wife, who is the appellant before this court, filed this appeal seeking to impugn the judgment and order dated 5.6.2008 passed by the high court of judicature at bombay, which in a detailed judgment, was pleased to set aside the judgment and decree dated 5.12.2007 passed by the family court, mumbai, in which the family court, dissolved the marriage between the appellant and the respondent by a decree of divorce on mutual consent under section 13b of the hindu marriage act, 1955 (hereinafter 'the said act').3. ..... gajendragadhkar, as the chairman of law commission, in the 59th report on hindu marriage act, 1955 and special marriage act, 1954, opined:in our report on the code of civil procedure, we have had occasion to emphasis that in dealing with disputes concerning the family, the court ought to adopt a human approach - an approach radically different from that adopted in ordinary civil proceedings, and that the court should make reasonable efforts at settlement before commencement of the trial. ..... as early as in 1920 possibly for the first time in new zealand, section 4 of the divorce and matrimonial causes amendment act, 1920 gave the court the discretion to grant a decree of divorce to parties when they had separated for three years under a decree of judicial separation or separation order by the magistrate or under a deed of separation or 'even by mutual consent'. ..... mamu koya 1971 k.l.t. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj174; (1972)GLR626
..... 'thus whenever any proceeding under the hindu marriage act is pending before the court, it is competent for that court to pass interim with regard to the maintenance and expenses of the proceeding of either party, if the court came to the conclusion that the husband or wife as the case may be, had no independent income sufficient for his or her support. ..... bhatt agreed that an appeal against the decree passed by the court under the hindu marriage act would lie in the district court or in the high court according to the amount or value of the subject-matter of the appeal. ..... in the present case, the decree having been passed by the court of the civil judge senior division of ahmednagar, in a petition under the hindu marriage act, the appeal should lie to the district court of ahmednagar'.mr. ..... it could not be the intention of the legislature to confer a right of appeal against decrees and orders passed under the hindu marriage act, 1955 by reference to the provisions of the code of civil procedure. ..... bhatt, learned advocate for the appellant submitted that the learned district judge had no jurisdiction to entertain an appeal against the order passed by the court under section 24 of the hindu marriage act. ..... 6 guj lr 714 = (air 1966 guj 139) wherein it was observed that-'a right of second appeal against an appellate decree made by the court in a petition for judicial separation under section 10 of the hindu marriage act cannot be found in the civil procedure code. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT713
..... now the hindu succession act, 1956 has been enacted to amend and codify the law relating to intestate succession amongst the hindus ..... it is also alleged in the reply notices that padmarajamma acquired absolute interest in the plaint schedule property by virtue of section 14(1) of the hindu succession act, 1956 and that the claim of the plaintiff is barred by limitation.it was mistakenly mentioned in the plaintiff's registered notice that the plaint schedule property is the ancestral property but from the recitals in the registered partition deed dt.9.7.1937 it clearly establishes that it is the self acquired property of the plaintiff's father and his two ..... suit during the life of three years when the right to sue accrues.a hindu or muslim female by ahindu or muslim, who if thefemale died at the date ofinstituting the suit, would beentitled to the possession ofland, to have an alienation ofsuch land made by the femaledeclared to be void except forher life or until her re-marriage-------------------------------------------------------------------------------------------------------------likewise article 113 of the said act reads as hereunder:-------------------------------------------------------------------------------------------------------------description of suit period of limitation time from which periodbegins to run ..... smt sheorati kuer : air 1971 pat 104; bapusaaheb bhausaheb patil .....
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori163
..... clause (viii) has been deleted by amendment and re-enacted as sub-section (1-a) of that section of the hindu marriage act. ..... i will now refer to the relevant provisions of hindu marriage act, to determine if the appellant is entitled to ask for rescission of the decree of judicial separation.the material portions of section 10 of the hindu marriage act, germane to the point under consideration, may be quoted:'section 10(1). ..... the order of judicial separation, therefore, is also vulnerable on account of tbe non-compliance with the mandatory provisions of subsection (2) of section 23.for the aforesaid reasons, it appears to me to be just and reasonable that the decree for judicial separation must be rescinded and the court must be asked to consider all the matters contained in section 23 of the hindu marriage act before passing the decree for judicial separation. ..... nothing can be more justand reasonable than to rescind a decreewhen it is quite clear that that decree hasbeen passed in violation of statutory mandate.sub-section (2) of section 23 of the hindu marriage act provides that 'before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with thenature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)ALD135(SC); 2008(5)ALT8(SC); 2008(4)AWC3793(SC); [2009(1)JCR19(SC)]; 2008(5)KarLJ460; (2008)6MLJ615(SC); (2009)153PLR500; 2008(9)SCALE666; 2008AIRSCW4857; 2008(4)CivilLJ1; 2008(5)KLJ460; 2008(5)AIRKarR176
..... in the case on hand, since the properties admittedly were the separate properties of ralla singh, all that isher kaur could claim de hors the will, is a right to maintenance and could possibly proceed against the property even in the hands of a transferee from her husband who had notice of her right to maintenance under the hindu adoptions and maintenance act. ..... : [1994]1scr16 thus, in view of the fact that there were no indications, either in the will or externally, to indicate that the property had been given to the female hindu in recognition of or in lieu of her right to maintenance, it was held that the situation fall within the ambit of sub-section (2) of section 14 of the act and that the restricted life estate granted to the female hindu could not be enlarged into an absolute estate. ..... - in this sub-section, 'property' includes both movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. ..... subsequently, the written statement was amended. ..... they were partners in a partnership firm which was dissolved on 16.8.1971. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi540
..... 10.whether the agreement dated 6-7-77 is contrary to the provisions of section 11 of the hindu minority and guardianship act, as it purports to be signed by the de-facto guardian of defendant no. 6? 11. ..... but only one amendment to the effect, whether the plaintiff could claim damages in the event of the agreement being found to be not specifically enforceable, was allowed. ..... gammon (india) ltd : [1971]3scr314 the supreme court held that the expression 'corporation' in order 29 of the code will also mean to include a company registered under the companies act. ..... (3) section 118, transfer of property act contemplates a transfer of ownership, but on 6-7-1971, the plaintiff was not owner of any property or part thereof which it could exchange. ..... 25(71) under this issue, it is to be dctermined whether the agreement dated 22-3-1971 between the plaintiff and late dr.raghunath was a lease or a license deed. ..... the alleged lease deed, being part and parcel of the same transaction of 1971, did not give any right to the plaintiff to enjoy the property. ..... it describes the possession of the plaintiff in respect of certain rooms and rear lawn in the building as per registered lease deed dated 18-3-1971 entered into between late dr. ..... thereforee, this issue is modified as 'whether the agreement dated 22-3-1971 is a lease or a licenec deed'(72) it is contended on behalf of the plaintiff that this document is actually independent of the other documents executed by late dr. .....
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