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1 - 7 of 7 (0.02 seconds)Section 34 in The Specific Relief Act, 1963 [Entire Act]
Sisir Kumar Kundu vs Smt. Sabita Rani Mandal on 26 July, 1971
In Sisir Kumar Kundu's case (ibid) it was held that order of alimony passed
under Hindu Marriage Act does not itself show valid marriage. Said proposition is
not disputed.
S.V.R. Mudaliar (Dead) By Lrs. & Ors vs Mrs. Rajabu F. Buhari (Dead) By Lrs. & Ors on 17 April, 1995
In this connection he has referred a case law reported in (1995) 4
Supreme Court Case page 15 (S. V. R. Mudaliar vs. Rajabu F. Buhari and Ors.)
The judgment of learned Lower Appellate Court, Mr. Bhattacharyya submits,
was full of conjectures and hypothesis, having no evidentiary basis.
The Hindu Marriage Act, 1955
Smt. Pratima Chaudhury vs Director Of Pension & Ors on 19 May, 2010
In this connection Mr. Laha has referred a case law reported in (2011) 1 CAL
LT 115 (HC) (Smt. Pratima Chaudhury versus Director of Pension & Ors.) to
impress upon this Court that since the marriage, if any, in between BholanathDas and
Pratima Das was void being held during the subsistence of marriage in between
Bholanath Das and Mira Das, Pratima Das was not entitled to claim family pension
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as legally married wife of Bholanath Das from the Railway Authority and that
plaintiff Mira Das is entitled to claim the same.
Kedar Lal Seal vs Hara Lal Seal on 8 March, 2011
In this connection, the
case law Kedal Lal Seal and another vs. Hari Lal as reported in AIR (39) 1952
Supreme Court page 47 may be referred to. In that case the Hon'ble Apex Court
held that the Court would be slow to throw out a claim on mere technicality of
pleading when the substance of the thing is there and no prejudice is caused to the
other side, however clumsily or inartistically the plaint may be worded. It was
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further held that in any event, it is always open to a Court to give a plaintiff such
general or other relief as it deems just to the same extent as if it had been asked for,
provided that occasions no prejudice to the other side beyond what can be
compensated for in costs.
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