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Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963

25. In our opinion, we can give a wider meaning to the word absence than mere physical absence. One word can have several meanings, just as several words can have one meaning (synonyms). It all depends on the context in which it has been used. For example, the word desertion appearing in Section 13 of the Hindu Marriage Act implies not only factum of separation, but also animus deserendi, vide Lachman v. Meena, . There can be constructive desertion. The husband and wife may be living together under the same roof, but the husband may have legally deserted her (wife) by his conduct. Similarly the word absence is a word of wide connotation, and is not necessarily limited to physical absence. The indifferent or obstructionist attitude of a person or avoidance can, in our opinion, amount to absence in some situations.
Supreme Court of India Cites 10 - Cited by 215 - N R Ayyangar - Full Document

Madhya Pradesh Industries Ltd vs Union Of India And Others on 16 August, 1965

14. We agree with the learned single Judge that before granting prior approval to the resolution of the Village Panchayat authorizing any other member to operate the account along with the President, as provided by G.O.Ms.No. 92, Rural Development (C.III) Department dated 26.3.1997, the Inspector of Panchayats (District Collector) has to give a notice to the Vice President and an opportunity of hearing to him. Such hearing need not be a personal hearing and he can only be given a show cause notice asking him to give a reply to the allegations in the show cause notice within a reasonable period. In our opinion, such a procedure would comply with the principles of natural justice, and it is not necessary that the Vice President must be allowed to appear in person along with his counsel, witnesses etc. vide M.P.Industries v. Union of India, 1966 SC 671(vide paragraph 20), Anil Kumar Srivastava v. Chairman, L.I.C. of India (2003 ALJ 1744), Narain Das Jain v. C.W.T (Vol.191 ITR 126) etc.
Supreme Court of India Cites 12 - Cited by 314 - Full Document
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