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1 - 10 of 10 (0.27 seconds)Balkrishna Ram vs Union Of India And Anr Thr. Its Secretary on 10 August, 2017
15. Even the said argument prima facie, cannot be accepted by
this Court, as unless in contemporaneity to the passing of the impugned
verdict in the year 2016, the Apex Court through passing any interim
orders rather had permitted the High Courts to exercise jurisdiction
upon verdicts pronounced by the learned Armed Forces Tribunal,
thereupons, the remedy then available to the present petitioner, thus was
to access the Hon'ble Apex Court rather for his therebys challenging
the impugned order. However, he did not do so. Contrarily, subsequent
to the passing of the decision by the Apex Court in case titled as
Balkrishna Ram Vs. Union of India and another (supra), and, that too
in the year 2020, thus after almost five years elapsing since the passing
of the impugned decision by the learned Armed Forces Tribunal, he has
chosen to challenge the said decision made on 12.07.2016 by the
learned Armed Forces Tribunal before this Court.
The Air Force Act, 1950
Section 82 in The Air Force Act, 1950 [Entire Act]
Javed & Ors vs State Of Haryana & Ors on 30 July, 2003
In Javed vs. State of Haryana, this Court dealt with the issue in
question and held that what was protected under Article 25 was the
religious faith and not a practice which may run counter to public
order, health or morality. Polygamy was not integral part of religion
and monogamy was a reform within the power of the State under
Article 25. This Court upheld the views of the Bombay, Gujarat and
Allahabad High Courts to this effect. This Court also upheld the view
of the Allahabad High Court upholding such a conduct rule. It was
observed that a practice did not acquire sanction of religion simply
because it was permitted. Such a practice could be regulated by law
without violating Article 25.
The Hindu Marriage Act, 1955
Article 21 in Constitution of India [Constitution]
Khursheed Ahmad Khan vs State Of U.P.& Ors on 9 February, 2015
In support of his
arguments he places reliance upon a verdict made by the Hon'ble Apex
Court in case titled as Khursheed Ahmad Khan Vs. State of U.P. and
Others, reported in (2015) AIR (SC) 1429. The relevant paragraphs of
the verdict (supra) are extracted hereinafter.
Smt. Sarla Mudgal, President, Kalyani & ... vs Union Of India & Ors on 10 May, 1995
9. As regard the charge of misconduct in question, it is patent that
there is no material on record to show that the appellant divorced his
first wife before the second marriage or he informed the Government
about contracting the second marriage. In absence thereof the
second marriage is a misconduct under the Conduct Rules. The
defence of the appellant that his first marriage had come to an end
has been disbelieved by the disciplinary authority and the High
Court. Learned counsel for the State has pointed out that not only the
appellant admitted that his first marriage was continuing when he
performed second marriage, first wife of the appellant herself
appeared as a witness during the inquiry proceedings and stated that
the first marriage was never dissolved. On that basis, the High Court
was justified in holding that the finding of proved misconduct did not
call for any interference. Learned counsel for the State also submits
that the validity of the impugned Conduct Rule is not open to
question on the ground that it violated Article 25 of the Constitution
in view of the law laid down by this court in Sarla Mudgal vs. Union
of India and others. He further submitted that the High Court was
justified in holding that the punishment of removal could not be held
to be shockingly disproportionate to the charge and did not call for
any interference.
The Special Marriage Act, 1954
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