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1 - 7 of 7 (0.63 seconds)Section 12 in The Hindu Marriage Act, 1955 [Entire Act]
Kuldeep Singh vs G.M.,Instrument Design D&F. Center & ... on 3 December, 2010
He has also
placed reliance to a judgment of the Apex Court in the case of
Kuldeep Singh vs G.M. Instrument Design Development and
Facilities Centre & Anr., AIR 2011 SC 4551 in support of his
contentions.
State Of J And K And Ors. vs Sajad Ahmed Mir on 17 July, 2006
(i) That, the application was rejected by the appellants
herein on 12.07.2004, but inspite of this, the writ petition
was filed belatedly on 09.04.2008, which was beyond the
period of four years, so in the light of the decision of the
Apex Court in the case of State of J. & K V. Sajad Ahmed
Mir, Air 2006 SC 2743, the appellants herein had rightly
rejected the application, but the learned Single Judge erred
in directing for reconsideration of the matter.
Section 11 in The Hindu Marriage Act, 1955 [Entire Act]
Vidyadhari & Ors vs Sukhrana Bai & Ors on 22 January, 2008
7. A similar issue has been considered by the Apex Court in
the case of Vidhyadhari and others vs. Sukhrana Bai and
others (2008) 2 SCC 238 where in para 9, the Apex Court has
held that a son of a deceased Government servant, though he
was born out of second marriage during subsistence of first
marriage, is a son for all purposes. It was also a case of
compassionate appointment and the Apex Court after considering
this aspect has held that such son shall be entitled for
compassionate appointment and rejection of the application
merely on the ground that petitioner is second son, was not
justified.
Bhagwandas Ichharam Panchal vs Royal Western India Turf Club Limited on 11 August, 1969
In view of the aforesaid position of law, it appears that the
judgment relied on by the appellants in Bhagwandas (supra)
does not consider the correct position of law and has been
decided without considering the provisions as contained in Section
16 of the Hindu Marriage Act, 1955 and on the basis of which, the
appellants herein was not entitled to reject the claim of the
respondent.
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