On the other hand, the learned Judges of the Chandigarh High Court Best Lawyers Court were inclined to accept the wife’s version that she had the consent of her husband to leave the home. Jamadar Mohamad Abdulla(2), Mudholkar J. The learned trial judge accepted the appellant’s story that the respondent did not seek or obtain anyone’s permission for quitting the house and that she left the house without the knowledge or consent ‘of anyone.
106 will be exercisable only if one of the grounds set out in s. 549 of the Code and the rules framed thereunder, the final choice about the forum of the trial of a person accused of a civil offence rests with the Central Government, whenever there be difference of opinion between a Criminal Chandigarh High Court Lawyers and the military authorities about the forum where an accused be tried for the particular offence committee by him. The materiality of the acceptance of the appellant’s version stems from the fact that in order to ‘constitute desertion the withdrawal of the deserting spouse from the matrimonial home should be without reasonable cause and “without the consent or against the wish of such party” [vide Explanation to s.
In so far as the parties were concerned the suits were no longer live suits since the decision, such as it was, had put an end to them. 32 et seq 590 court to abrogate it or to enforce it in a modified form on the ground that the opinion of civilized States has undergone a change and instead of the old rule a more just and fair rule has been accepted ? settled the claims in full of the partners who ceased to exist and agreed to carry on and continue and are continuing the existing partnership business under the name and style of ‘Sait Nagjee Purushotham and Whereas it is thought advisable and prudent to reduce into writing the terms and conditions agreed upon orally by them the Partners agree and have agreed to the following terms and regulations stipulated hereunder.
(7) See International Law-a Text 1962 by Jacobini, p. , were given to her by her mother-in-law who bade her good-bye and wished her a happy journey. 106 of the Transfer of Property Act to terminate a tenancy of a tenant from month to month by giving a notice terminating his tenancy. We next come to a crucial event. 4 on the right which a landlord has under s. On the other hand, it is the case of the respondent that she left the house after permission had been obtained by her father from her father- in-law and after she herself had obtained the permission of her husband and that at the time of the departure when her father came to take her, her father-in-law, mother-in-law and the appellant were all present in the house and that the jewels etc.
The character of the tenancy as one from month to month remains; but to it is added a condition that the unfettered right to terminate the tenancy conferred by s. 125 and 126 of the Act is also the same 1/SCI/64-60 946 It is clear therefore that the discretion to be exercised by the military officer specified in of the Act as to the trial of accused by Court Martial or by an ordinary Chandigarh High Court Lawyers, cannot be said to be unguided by any policy laid down by the Act or uncontrolled by any other authority.
His position under ss. 4 of the Accommodation Act is shown to exist. For reasons we shall set out in its proper place we are in agreement with the learned trial Judge and do not share the views of the learned judges who accepted the wife’s version of this event. We shall, however, revert to it after comple- 339 ting the narrative of the events leading up to the filing of the petition. It is the case of the appellant that the respondent left his home with the main items of her jewellery and clothes without the knowledge and consent of himself and his parents and at a time when there was no one in the house except a maid-servant and that he came to know of the respondent’s departure only from the maid-servant, when he later returned to the house.
Now, a rule of international law on which the several Privy Council decisions as to the effect of conquest or cession on the private rights of the inhabitants. She was taken from the house by her father who had come there in the evening and she traveled with him to poona by train. This is ‘law in force and is saved by Art. , expressed the view on the question of impact of s. 14 of the Constitution.
Surely the law of a State can only be modified or repealed by a competent legislature of theState and not by international opinion however weighty that Opinion may be. , speaking for himself and for Sarkar J. 372 of the Constitution. Section 125 of the Act therefore cannot, even on merits, be said to infringe the provisions of Art. The courts Senior Advocates In Chandigarh High Court India are, therefore, bound to enforce that rule and not a rule of international law governing the same matter based upon the principle of state succession which had received the approval of Marshall C.
of the conquered or ceded territory is founded has become a part of the common law of this country. On February 26, 1954, the respondent left the appellant’s house at Bombay (Colaba) and went to Poona. 4 is merely to remove the bar created by the opening words of s.