sarla mudgal vs union of india

29 results for sarla mudgal vs union of india

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  • W.P.(C)--3604/2014. Case: MOOL CHAND KUCHERIA Vs. UNION OF INDIA & ANR. Delhi High Court

    1. This petition under Article 226 of the Constitution of India filed as Public Interest Litigation seeks a direction to the Govt. of India, implement in a time bound manner the suggestion contained in the judgment of the Supreme Court in Sarla Mudgal Vs. Union of India 1995 (3) 635 to secure for the citizens a uniform Civil Code throughout the te...

    ... in a time bound manner the suggestion contained in the judgment of the Supreme Court in Sarla Mudgal Vs. Union of India 1995 (3). 635 to secure for the citizens a uniform Civil Code throughout ...

  • W.P. (C) 3604/2014. Case: Mool Chand Kucheria Vs Union of India & Anr.. Delhi High Court

    Judgment: 1. This petition under Article 226 of the Constitution of India filed as a Public Interest Litigation seeks a direction to the Govt. of India, to implement in a time bound manner the suggestion contained in the judgment of the Supreme Court in Sarla Mudgal Vs. Union of India 1995(3) SCC 6...

    ... in a time bound manner the suggestion contained in the judgment of the Supreme Court in Sarla Mudgal Vs. Union of India 1995(3) SCC 635 to secure for the citizens a uniform Civil Code ...

  • WOMEN AND LAW: AN INDIAN PERSPECTIVE. History, International Conventions, Indian Constitution and Other Laws relating to Women
  • Writ Petition No. 32858/2009 (S-RES). Case: Smt. Radharani Mahadev Kolambe Vs The State of Karnataka, The High Court of Karnataka and The Civil Judges (Junior Division), Selection Committee, High Court of Karnataka. Karnataka High Court

    1. In response to a Notification No. CJRC-1/2006 dated 1st April 2006, inviting applications for recruitment to the posts of Civil Judges (Junior Division), in accordance with the Karnataka Judicial Services (Recruitment) Rules, 2004, the petitioner, an advocate, submitted application. The petitioner was successful in the written examination and wa...

    ... by Article 234 of the Constitution of India, by His Excellency, the Governor of Karnataka, ... of service of persons serving the Union or a State, as the case may be, by an enactment ...16. In Sarla Mudgal vs. Union of India - (1995) 3 SCC 635, ...

  • Civil Application No.9 of 2009. Case: Swaroopa Naik Vaigankar Vs Deepa Prakash Naik and Ors.. Bombay High Court

    This is an application for review filed under Order 47, Rule 1, CPC, by defendant no.5 in Special Civil Suit No.61/1996 for review of the judgment of this Court dated 2/12/2008, dismissing the appeal filed by her, against judgment/decree dated 26/09/2003 of the learned Civil Judge, Senior Division, in the said civil suit. Some basic facts are requ...

    ...Frick India Ltd. Vs. Union of India & Ors., 1990 AIR(SC) ... Rule 1, CPC for reviewing the judgment in Sarla Mudgal Vs. Union of India, 1995 3 SCC 635, but ...

  • Civil Appeal No.7217 of 2013 With SLP (C) Nos.21814 of 2008, 18744 of 2010, 28702-28703 of 2010, 28471 of 2011, 4217-4218 of 2012, 1299-1300 of 2013, 17577-17578 of 2013, 19816 of 2014, 5619 of 2015, 3805 of 2008, 9390 of 2015, 5680 of 2015, 35209 of 2011 And 15557-15558 of 2015 AND SLP. (C) ….15560 of 2015. Case: Prakash and Ors. Vs Phulavati and Ors.. Supreme Court

    1. The only issue which has been raised in this batch of matters is whether Hindu Succession (Amendment) Act, 2005 (''the Amendment Act'') will have retrospective effect. In the impugned judgment (reported in AIR 2011 Kar. 78 Phulavati vs. Prakash), plea of restrospectivity has been upheld in favour of the respondents by which the appellants are ag...

    ...Union of India35, this Court did not go into the merits ...in Sarla Mudgal vs. Union of India (1995) 3 SCC 635 that a ...

  • Civil Writ Petition No. 7414/2006. Case: Nikhil Soni Vs Union of India and Ors.. Rajasthan High Court

    1. In this writ petition filed under Article 226 of the Constitution of India in public interest, the petitioner, a practising lawyer at Jaipur Bench of the Rajasthan High Court, has prayed for directions to the Union of India through Secretary, Department of Home, New Delhi-respondent No. 1 and the State of Rajasthan through Secretary, Department

    ...Ismail Faruqui (Dr.) Vs. Union of India ((1994) 6 SCC 360) and the judgments in Sarla Mudgal Vs. Union of India ((1995) 3 SCC 635), Mohd. Ahmed Khan Vs. Bhah Bano Begum ((1985) 2 SCC ...

  • Crl. P. Nos. 554 of 2011. Case: Miriyala Divya Vs Govt. of A.P.. Andhra Pradesh High Court

    1. Accused Nos. 1, 2, 3, 4, 6, 7, 8, 9 in C.C. No. 147 of 2010 on the file of VII Additional Sessions Judge (FTC), Guntur have filed these two Criminal Petitions seeking to quash the proceedings against them. 2. Since both the criminal petitions arise out of the same calendar case, I am inclined to dispose of these petitions by this common order.

    ... in cases under Chapter XXII of the Indian Penal Code. Thus, there was no complaint in the ... its repugnancy to an earlier law of Union. Clause (2) provides for curing of repugnancy ... second respondent has drawn my attention to Sarla Mudgal (Smt.), President, Kalyani and others Vs. ...

  • Case: Asfaq Qureshi Vs Aysha Qureshi (Nivedita Yadav). Chhattisgarh High Court

    1. F.A. (M) Nos. 47/2008 & 128/2008 arising out of the common judgment and decree dated 6-2-2008 passed by the 2nd Additional Principal Judge, Family Court, Durg (for short 'the Family Court) in Civil Suit Nos. 157A/2007 & 158A/2007 are being disposed of by this common judgment. 2. Vide F.A. (M) No. 128/2008, the appellant has challenged l...

    ... further placed reliance in the matter of Sarla Mudgal, President, Kalyani v. Union of India AIR ...

  • C.R.R. No. 3269 of 2009 and CRAN No. 2984 of 2009. Case: Sunil Kumar Murmu @ Subid Ali Murmu Vs The State of West Bengal. Calcutta High Court

    2. It was contended before this Court that nobody can be charged under Section 498A of the Indian Penal Code unless there was a valid marriage between the parties. It appears from the perusal of the Case Diary containing the charge-sheeted materials that the petitioner by birth was a Hindu and according to Hindu Rites and Customs he married one Sit...

    ... a charge-sheet under Section 498A of the Indian Penal Code. 2. It was contended before this Court ...4. In the case of Smt. Sarla Mudgal, President, Kalyani and Ors. v. Union of ...

  • Civil Review No. 22 of 2004. Case: Manoranjan Prasad Sinha Vs Managing Committee of Delhi Public School Sail Township and Mahesh Bareja, Delhi Public School Township. Jharkhand High Court

    1. This civil review has been preferred against the judgment dated 7th April, 2003, delivered by the learned Single Judge of this court in Second Appeal No. 21 of 2000 (R). I have heard party-in-person, who has mainly submitted that several errors have been committed by the learned Single Judge and several factually incorrect statements have been m...

    ...(b) Lily Thomas, etc. Etc. Vs. Union of India and others, reported in AIR 2000 SC ... of reviewing the judgment in Saria Mudgal's case (1995 AIR SCW 2326: AIR 1995 SC 1531: 1995 ... those pleas, passed the judgment in Sarla Mudgal's case. We have also not found any mistake ...

  • Review Petition (Crl.) No. 453 of 2012 in W.P. (Crl.) 135 of 2008 (Under Article 32 of the Constitution of India). Case: Kamlesh Verma Vs Mayawati and Ors.. Supreme Court

    1. This petition has been filed by the Petitioner herein-Kamlesh Verma seeking review of the judgment and order dated 06.07.2012 passed in Mayawati v. Union of India and Ors. (2012) 8 SCC 106 (Writ Petition (Crl.) No. 135 of 2008). 2. Brief Facts: (a) This Court, by order dated 16.07.2003 in LA. No. 387 of 2003 in Writ Petition (C) No. 13381 of 1...

    ...Union of India and Ors. (2012) 8 SCC 106 (Writ Petition (Crl.) No. 135 ... the arguments for the purposes of reviewing the judgment in Sarla Mudgal case, (1995) 3 SCC 635 it is not the case of the ...

  • Writ C. Nos. 57068, 58129, 58910, 60499 and 62587 of 2014. Case: Noor Jahan Begum and Ors. Vs State of U.P. and Ors.. Allahabad High Court

    1. Heard Sri M.S. Ansari, learned counsel for the petitioners in WRIT - C No. - 57068 of 2014, Sri R.P. Srivastava in WRIT-C No. 58129 of 2014, Sri Abhijit Mishra in WRIT-C No. -58910 of 2014, Sri Bed Kant Mishra in WRIT-C No. 60499 of 2014 and Sri R.K. Shukla in WRIT-C No. 62587 of 2014 and Sri Siddharth Singh Shreenet, learned Standing Counsel fo...

    ... under Article 226 of the Constitution of India should approach the Court with clean hands, clean ...40. In the case of Lily thomas v. Union of India, 2000(3) R.C.R.(Civil) 252: 2000 (6) SCC ...Sarla Mudgal and Ms. Lily Thomas, the principal ...

  • W.P. No. 3541/2010. Case: Ganesh Singh Rawat Vs State of M.P. & Ors.. Madhya Pradesh High Court

    1. The petitioner has prayed for setting aside the appointment order of respondent No. 6 (Annexure P-3) on the ground that admittedly the said respondent is real brother of the sitting sarpanch. The case of the petitioner is that as per Section 69 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 ("Adhiniyam" for brevity), the pr...

    ...Union of India and other) the Apex Court held that ... the contention that the law declared in Sarla Mudgal case cannot be applied to persons who have ...

  • Civil Appeal No. 1662 of 2015 (Arising out of SLP (C) No. 5097 of 2012). Case: Khursheed Ahmad Khan Vs State of U.P. and Ors.. Supreme Court

    3. The question raised for consideration relates to validity of order dated 17th June, 2008 removing the Appellant from service for proved misconduct of contracting another marriage during existence of the first marriage without permission of the Government in violation of Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956 (for short "th...

    ... view of the law laid down by this Court in Sarla Mudgal v. Union of India (1995) 3 SCC 635. He ...

  • W.P. (C) No. 20076 of 2009. Case: Saumya Ann Thomas Vs Union of India (UOI). Kerala High Court

    1. Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Section 10A(1) of the Divorce Act right, just and fair? Is it arbitrary, fanciful and oppressive? Does that stipulation offend Article 14 and/or Article 21 of the Constitution? Does that stipulation deserve to be read down to "one year" to save t...

    ...(emphasis supplied). Sri. G. Shrikumar further points out that the Supreme Court in Sarla Mudgal v. Union of India 1995 (2) KLT 45 (SC): AIR 1995 SC 1531 has also taken the view that the ...

  • W.P.(C). No. 31299 of 2008 (S). Case: Khuran Sunnath Society and Ors. Vs Union of India and Ors.. Kerala High Court

    "(a) To declare that the practice now followed by the Muslims based on Shariat, which is a Law under Article 13, in regard to inheritance of Muslim women is violative of Articles 14, 15, 19, 21 and 25 of the Constitution of India and therefore, void and unenforceable. (b) To issue such other writs, orders or directions as this Honourable Court may...

    ...In Smt. Sarla Mudgal, President, Kalyani and Ors. v. Union of India and Others (1995 (2) KLT 45), it was held ...

  • Writ A. No. 28337 of 2009. Case: Ram Pratap Singh Vs State of U.P. and Ors.. Allahabad High Court

    1. The petitioner seeks to assail the validity of the order dated 16.10.2008 passed by the respondent No. 2 in terms of which he stood dismissed from service in exercise of powers conferred upon the said authority by the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991. The aforesaid order of punishment came to be im...

    ... refer to what the Hon'ble Supreme Court of India stated in LIC v. S. Vasanthi (2014) 9 SCC 315:--. ... Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service in the following ... view of the law laid down by this court in Sarla Mudgal v. Union of India. He further submitted ...

  • W.P.(MD) No. 3133 of 2015. Case: M. Mohamed Abbas Vs The Chief Secretary, Government of Tamil Nadu and Ors.. Chennai (Madras) High Court

    1. This Writ Petition has been filed seeking an Order in the Nature of Writ of Mandamus or any other Order or direction, in the nature of Writ, forbearing the Respondents from in any way interfering with any marriage being solemnized as per the Muslim Personal Law, by invoking the provisions of the Prohibition of Child Marriage Act, 2006 (hereinaft...

    ... 26(b) & 25(2) of the Constitution of India. Learned Additional Advocate-General appearing ...14. In Sarla Mudgal v. Union of India, 1995 (3) SCC 635, the ...

  • ITA No. 3 of 2005. Case: Asia Resorts Ltd. Vs Commissioner Income Tax (Central). Himachal Pradesh High Court

    1. The present appeal has been preferred under Section 260A of the Income Tax Act, 1961 (in short 'Income Tax Act') against the judgment and order dated 6.4.2004 of the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh ( in short 'ITAT') passed in Miscellaneous Application 91/Chandi/03 preferred in ITA No. 219/CHD/2002 pertaining to the a...

    ...Mahabir Lal and Ors. AIR 1964 SC 377; Union of India and Anr. v. K.S. Subramaninan AIR 1989 ... the purposes of reviewing the judgment in Sarla Mudgal's case AIR 1995 SCW 2326: AIR 1995 SC ...

  • Mat. App. (FC) No. 34 of 2013. Case: Munavvar-Ul-Islam Vs Rishu Arora. Delhi High Court

    1. The appellant is aggrieved by the judgment and decree of 26th July, 2013 of the Family Court, Saket, New Delhi ("Trial Court") whereby his marriage with the respondent - contracted as per Muslim personal law - was decreed to have been dissolved due to the latter's subsequent apostasy ("impugned order"). The respondent had sought for divorce unde...

    ... to the enactment of the Act, the Courts in India have followed this view regularly and without ...Union of India and Ors. v. Martin Lottery Agencies ... to consider the binding precedents of Sarla Mudgal and Ors. v Union of India and Ors.,40 and ...

  • MAT.APP.(F.C.)--34/2013. Case: MUNAVVAR-UL-ISLAM Vs. RISHU ARORA @ RUKHSAR. Delhi High Court

    2013 of the Family Court, Saket, New Delhi (“ Trial Court ”) whereby his marriage with the respondent – contracted as per Muslim personal law – was decreed to have been dissolved due to the latter’s subsequent apostasy (“ impugned order ”). The respondent had sought for divorce under sections 2(ii), 2(viii)(a) and 2(ix) of the Dissolution of Marria...

    ... to the enactment of the Act, the Courts in India have followed this view regularly and without ... failed to consider the binding precedents Sarla Mudgal & Ors. v Union of India & Ors., 40 and ...

  • Criminal Revision No. 606 of 2004. Case: Marwari Maternity Hospital and Ors Vs Praveen Jain. Gawahati High Court

    1. With the help of this application, made under Section 482 Cr.P.C., the petitioner, who are accused, in Complaint Case No. 1998C/2004, have sought for quashing of the complaint, in question, as well as the order, dated 03-08-2004, whereby cognizance of offence, under Section 304-A IPC, has been taken by the learned Additional Chief Judicial Magis...

    ...586 holds good in its applicability in India. (5) The jurisprudential concept of negligence ...Union of India, (2000) 6 SCC 224: (AIR 2000 SC 1650), ... the contention that the law declared in Sarla Mudgal case cannot be applied to persons who have ...

  • Crl.Rev.P. 606/2004. Gauhati High Court

    Criminal Revisions for quashing of criminal proceeding

    ... be framed and issued by the Government of India and/or the State Governments in consultation with ...Union of India, (2000) 6 SCC 224, is not misplaced ... the contention that the law declared in Sarla Mudgal case cannot be applied to persons who have ...

  • Mat. App. No. 82 of 2004. Case: Abdurahiman Vs Khairunneesa. Kerala High Court

    1. How is the expression "does not treat her equitably in accordance with the injunctions of the Quran" in Section 2(viii)(f) of the Dissolution of Muslim Marriages Act, 1939 (hereinafter referred to as 'the Act') to be understood in law? Whose standards are to apply and prevail? Is it the partisan standards of the polygamous husband to be followed...

    ... had to resign her employment and return to India collecting her terminal benefits. They came back ...Union of India and Anr. (judgment dated 25.2.2010 in ... Court in various precedents including Sarla Mudgal v. Union of India 1995 (2) KLT 45 (SC): ...