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Tara Singh vs Smt. Shakuntala on 5 September, 1973

9. To reinforce Ms arguments learned counsel for the appellant also invited attention to Section 28 of the Act and submitted that this being a case under the Hindu Marriage Act will be governed by this special provision which enables the filing of an appeal against every decree or order that may have been passed under the Act, In other words, Section 28 is much wider than Section 96 Civil Procedure Code under which appeals are filed in civil cases. Learned counsel placed reliance on Sarla Devi v. Balwan Singh AIR 1969 All 601.
Rajasthan High Court - Jaipur Cites 19 - Cited by 4 - Full Document

Parashuram Rao Anantha Rao Pise vs Pratibha Parashuram Rao Pise on 12 November, 1973

On the other hand in Kutumba Rao's case, P. C. Jairuth v. Amrith Jairath, , Su-shiladevi v. Dhani Ram, , Sarala Devi v. Balwan Singh, , Snehalata v. Jagadish Dansaua, and in Samir Kr. Banerji v. Sujata Baneni, (1966) 70 Cal WN 633, it has been held that an order passed under Section 24 of the Act is appealable under Section 28 of the Act. Section 28 of the Act reads as follows:
Karnataka High Court Cites 21 - Cited by 3 - Full Document

Ram Narain Pathak vs Smt. Urmila Devi on 26 February, 1980

6. The first question that needs determination in this appeal is about its maintainability. Section 28, as stood originally, provided that all decrees and orders made by the Court in any proceeding may be appealed from under any law for the time being in force. The question that was raised was whether an order passed under Section 24 of the Hindu Marriage Act granting temporary alimony was appealable under Section 28. A Division Bench of this Court in Smt. Sarla Devi v. Balwan Singh (1968 All LJ 676): (AIR 1969 All 601), held that an appeal lay under Section 28 of the Hindu Marriage Act against an order passed under Section 24 of the said Act. The view taken was that the words "may be appealed from under any law for the time being in force" were wide enough to include an order passed under Section 24 of the Hindu Marriage Act.
Allahabad High Court Cites 14 - Cited by 2 - Full Document
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