Narsingrao Gurunath Patil And Ors. vs Arun Gujarathi, Speaker And Ors. on 29 July, 2002
Homi D. Mistry vs Shree Nafisul Hussan on 16 November, 1956
Equivalent citations: (1958)60BOMLR279
wherein it has been
observed that "..... the prorogation of Parliament or
dissolution of parliament done under Article 85 is not
liable to judicial review ... Parliamentary system and tried to point
out that in England the Parliament is dissolved on the
advice of the Prime Minister which is invariably accepted
pursuance of the Constitution or of the legislative functions delegated by Parliament to a subordinate authority is laid before the House, the period specified ... Country. The Apex Court noted that in India when Parliament is dissolved, it is only the Legislative Assembly which would stand dissolved
jurisdiction in England for any Court to dissolve a marriage. A special Act of Parliament alone could effect that. In 1857 a new Court called ... think, consistent with the course adopted by Parliament itself. By the Indian Divorces (Validity) Act 1921, Parliament has ratified the past decrees of the Indian
scheme of the Companies Act, 1956 , and by the second proviso, Parliament has brought him into the picture and assigned him a special duty ... fact that Parliament was keen to see that interests of the members of the company to be dissolved or public interest are not prejudiced. This
several provisions of the Act, a distinction has been made by
Parliament between a tax and a penalty.
Section 170 deals with succession ... recoverable
from the successor. In sub-section (3) of Section 170 , Parliament has used
the expression "any sum payable".
::: Downloaded
liberalization of law relating to divorce were put forth by members of Parliament as well as the general public. New trend of thinking had developed ... marriage. It was considered better in the interest of healthy society to dissolve the marriage than meaninglessly to try it to limp along. The fault
dissoluble contracts. Under the Matrimonial Causes Act, 1857 a limited ground of dissolving marriages was provided under the statute. Adultery, coupled with other offences like ... this, a divorce could only be obtained through an Act of Parliament, a procedure which was extremely expensive rendering divorces outside the reach of commoners
appellant has stated
that this Court in some cases has dissolved a marriage
on the ground of irretrievable breakdown. In our
opinion, those cases have ... legislature and
not by the Court. It is for the Parliament to enact or
amend the law and not for the Courts. Hence