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But custom', particularly amongst the tribal and what used to be called the lower castes recognised divorce on rather easy terms. 2000, the Governor of Jharkhand by notification ordered that the 1981 Act, the Central Sales Tax (Bihar) Rules, 1956 Advocates (this contact form) and the notifications made thereunder, etc. Article 19(1)(g) uses the four expressions so as to cover all activities of a citizen in respect of which income or profit is generated, Advocates (this site) and which can consequently be regulated under Article 19(1)(6).
Section 33 then gives the right of Advocates (this contact form) appeal to the assessee from an order made by the Appellate Assistant Commissioner either under section 28 or under section 31. (f) renders the fact that a husband "has any other woman as a concubine" and that a wife "is a concubine of any other man or leads the life of a prostitute" a ground of divorce. Advocates (this contact form) Such customs of divorce on easy terms have been in some instances held by the courts to be against public policy. [9] The amplitude of the term ˜occupation is limited by the economic imperative of livelihood generation.
The suit giving rise to this appeal is based on section 3(1) (d) of the Bombay Hindu Divorce Act', XXII of 1947, (which hereinafter will be referred to as "The Act") which came into force on May 12, 1947, the date the Governor's assent was published in the Bombay Government Gazette. amongst other Acts, Rules and Regulations, shall be deemed to be in force in the entire State of Jharkhand w. This Act, so far as the Bombay Province, as it then was, was concerned, was the first step in revolutionizing the law of matrimonial relationship, and, as the Preamble shows, was meant "to provide for a right of divorce among all communities of Hindus in certain circumstances".
The Act in section 3 sets out the grounds of divorce. The primary purpose and thrust of Article 19(1)(g) is to generate economic benefit and to protect the fruits of ones labour. Therefore the Legislature did not give the right of appeal to the assessee against an order made by the Appellate Assistant Commissioner under section 30 of the Act". Be it stated that the said certificate was issued after holding proper enquiry by the concerned Joint Commissioner. 173 Therefore before an appeal could be admitted in this case, an order from the Appellate Assistant Commissioner was requisite that the delay had been condoned and it was only on such an order being made that the appeal could be entertained by the Appellate Assistant Commissioner.
Therefore, in my opinion, when the Appellate Assistant Commissioner refused to condone the delay, there was no appeal before him which he could hear and dispose of as provided under section 31 of the Act. profession, occupation, trade and business. Hence according to strict Hindu law as given by the Samhitas and as developed by the commentators, a Hindu marriage could not be dissolved on any-ground whatsoever, even on account of degradation in the hierarchy of castes or apostacy.
It is noticeable that the Act does not recognise adultery simpliciter as one of the grounds of divorce, though cl. nBefore we deal with the points in controversy, it is convenient here to make certain general of observations 848 on the history of the law on the subject and the well established general principles on which such cases are determined. 3(1)(d), which are in these terms: According to the Shastras, marriage amongst the Hindus was the last of the ten sacraments enjoined by the Hindu religion for purification.
It was further argued by the petitioners, that provisions in the Constitution relating to salary and the term for which they serve in the House are constitutional rights of the Members and the power of expulsion, by terminating their membership violates these constitutional rights. Now section 31 deals only with such appeals which are presented within the prescribed period or admitted after the delay has been condoned, and the procedure laid down in section 31 with regard to the hearing of appeals only applies to such appeals.
In the present case we are immediately concerned with the provisions of s. 2000 as a result of which Jamshedpur became part of a newly carved out State, namely, Jharkhand. 2000, the successor State issued an exemption certificate as contemplated in earlier notification issued by the Bihar State Finance and Commercial Taxes Department exempting the new units which also included the unit established by the 1st respondent, from the purchase tax as well as the sales tax on purchase and sales made in regard to the cold rolling mill.
Before the enactment, dissolution of a Hindu marriage particularly amongst what were called the regenerate classes was unknown to general Hindu law and was wholly inconsistent with the basic conception of a Hindu marriage as a sacrament, that is to say, a holy alliance for the performance of religious duties. Therefore, all the activities contemplated under Article 19(1)(g) are essentially activities which enable a citizen to generate economic benefits.
After coming into force of the new State, on 15. A Pai Foundation (supra) , this court held that Article 19(1)(g) employs four expressions viz. When the matter stood thus, the Bihar Reorganisation Act, 2000 came into existence on 15.
