Court : Karnataka
Decided on : Jul-06-2000
Reported in : ILR2001KAR1443
..... at best the loss the family will be the share of the deceased and not the entire income. the punjab high court held as follows:'the hindu undivided family which owned the concern considered of the deceased, his wife and the minor children of very tender age. it is therefore, apparent that ..... account in assessing loss to the dependents; and (ii) the immoveable property and other income yielding assets inherited by the dependents under the appropriate law of succession are not benefits accruing by reason of the death of the deceased.'20. there is a difference between an income earned by a ..... the benefit of the partnership business 'by reason of the death' of mohammed basheer. they always possessed it.'the court, after, referring to relevant case law, proceeded to formulate the following two principles:'(i) the income from a business establishment for which the deceased was solely responsible, is lost to the estate ..... -17.1) in helen c. rebello (supra), the supreme court held thus:'so far as the general principle of estimating damages under the common law is concerned, it is settled that the pecuniary loss can be ascertained only by balancing on one hand, the loss to the claimant of the ..... in inadequate. they contend that the deduction of rs. two lakhs from the compensation, on account of receipt of life insurance amount, is contrary to law. they also contend that the loss of dependency calculated by taking the contribution by the deceased as rs. 3,000/- per month is erroneous. according .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-12-2000
Reported in : 2000(5)ALD298; 2000(4)ALT441; [2000(87)FLR357]
..... for the petitioners is to be accepted, it is likely to result in incongruous situation. for example, after the unit is closed down in accordance with law, there might be a large number of workmenwho might have attained the age of superannuation, a large number of workmen who might have submitted resignations and a ..... 25h of the act having regard to the other provisions of the act as well as the decided cases. this view is also supported by the case law relied on by the learned counsel for the petitioners.21. in ghatge and patil's case (supra), the management of the company introduced a policy of ..... be aware of the various provisions of the enactment while making amendments to the existing provisions and also applying the principle that the legislature is aware of the law as interpreted by the courts, the words used in subsection (2) of section 25h viz., 'workmen on the roll of the unit immediately before its ..... conditions are complied with by paying the amount under sub-section (8) of section 25-o, there is termination of contract of service amounting to retrenchment in law. to put it in another way, till the legal requirements ordained by the act are complied with and the government passes an order under subsection (2) ..... order1. all these writ petitions can conveniently be disposed of by a common order as common questions of facts and law arise for consideration.2. the additional industrial tribunal, hyderabad (hereinafter called 'the tribunal') by a common award dated 30-6-1999 in id .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-29-2000
Reported in : 2001CriLJ2075
..... his signature without applying its mind to the facts and circumstances of the case. this cannot be deemed to be a proper prosecution order in the eye of law and knocks out the very bottom of the prosecution case and hits it fatally. no conviction of the accused can be ordered on such an authority. 11 ..... under section 20 of the act. the provision about the punishment for the offence alleged to have been committed by the applicant are drastic inasmuch as the law provides a minimum rigorous imprisonment for six months together with a minimum of fine in a sum of rs. 1000/-. in regard to an offence considered so ..... only ten days time under the law to make an application under section 13(2) of the act in court. since the report was sent prior to the institution of the prosecution, the ..... above, the report of the public analyst was sent to the respondent about six months prior to the institution of the prosecution against him. the mandate of law is that the report should be sent after the institution of the prosecution in court and not to it for the obvious reason that the accused has ..... information has to be sent to the accused so that he can exercise his right to send the sample to the central food laboratory for analysis. the law is very clear that it is after institution of the prosecution that the report of the public analyst along with the required information has to be sent .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-18-2000
Reported in : II(2001)DMC79
..... position is not that good as has been determined by the learned ixth additional district judge, jabalpur in a proceeding under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').2. in this civil revision challenge is to the order dated 25.9.1998 passed ..... cannot be excessive or extortionate.'(quoted from the placitum)8. the present factual matrix has to be tested on the touchstone of the aforesaid enunciation of law. submission of mr. hyder, learned counsel for the petitioner, is that the petitioner had produced his income-tax returns and, therefore, the determination ..... the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. the amount of maintenance fixed for the wife should be such as she can live in reasonable ..... of brother or sister by the opposite party. after all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like section 24 of the act.'thus, from the aforesaid, it becomes crystal clear that maintenance allowance pendente lite ..... the income of a party only involuntary deductions like income-tax, provident fund contribution, etc., are to be excluded; and (2) though under the law opposite party may not be obliged to maintain brother or sister but if that brother or sister having no income is living with the opposite party .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jun-19-2000
Reported in : 2000(4)MPHT269
..... has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or(ii) has ceased to be a hindu by conversion to another religion; or(iii) has been incurably of unsound, or has been suffering continuously or intermittently from mental disorder of such a kind and ..... the relationship between spouses results into one of misery and gives rise to inferior endowments of nature. the private secrets become public and abuses are hurled in law courts. tie and the bond become weaker day by day and the protagonists behave as characters of a drama full of emotions which are some times uncontrollable. ..... scene is quite unpleasant.2. to begin the narration of the case which, involves an interesting point of law, apart from facts, is as follows :the non-applicant/wife filed an application under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') seeking divorce on the ground that the applicant-husband ..... that rule 6-a (a) was introduced by amendment act, 1976. preceding the amendment, it was settled law that except in a money claim, counter-claim or set off cannot be set up in other suits. the law commission of india had recommended, to avoid multiplicity of the proceedings, right to the defendants to raise the ..... orderdipak misra, j.1. marriage has a different concept in hindu religion and philosophy. it is a sacrament and not a contract. two souls unite into one and a complete whole is created. the union .....Tag this Judgment!
Court : Orissa
Decided on : Mar-14-2000
Reported in : 89(2000)CLT693; 2000(I)OLR477
..... ashok kumar sharma (supra). in that context, this court while following the aforesaid ratio of this court, finds that learned s.d.j.m. on wrong appreciation of facts and law rejected the petition filed by the petitioner. under such circumstance, while setting aside his order dated 9.8.1999, this court directs learned s.d.j.m. to consider the ..... application of the petitioner afresh in accordance with law.7. since the order dated 9.8.1 999, as above, has been set aside and learned s.d.j.m. has been directed to consider the application for bail .....Tag this Judgment!
Court : Orissa
Decided on : Aug-30-2000
Reported in : 2000(II)OLR411; 2000(II)OLR612
..... separate rights in it as separate property.'8. the crux of the matter is as to whether the parties are hindus governed by mitakshara school of hindu law and whether the property covered under ext. a was acquried out of joint family nucleus and if not whether the property after being acquired by the ..... his separate claim therein. the separate property of a hindu ceases to be a separate property and acquries the characteristic of a joint family or ancestral property not by any physical mixing with his joint family ..... pradesh, air 1970 sc 1722 relied upon by the respondent, the apex court has held that :'........the separate property of a member of a joint hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning ..... family is not a creature of a contract. every member in a hindu family has the eligibility of acquiring and possessing self acquired property i.e., the property acquired from his individual income or own volition from any other ..... be enjoyed by the family of which their father was the karta. in that connection the concept of common law governing the party must clearly be borne in mind that genesis of a hindu family is essentially genetic of course with the exception of induction of members by way of adoption. a hidnu .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-25-2000
Reported in : I(2001)DMC592
..... come on record that sumitar kaur married waryam singh in the year, 1971 i.e. much after the coming into force of the hindu marriage act. marriage is a status recognized by law. staying of man with a woman and treatment by him of her that she is his wife is not sufficient if she is ..... against amar kaur by judgment passed in that suit based on compromise, as there can be no estoppel against the provision of statute (in this case hindu marriage act).14. the view that compromise decree stops litigation between parties just as much as a judgment resulting from a decision of court at the end ..... section 494 and 495 of the indian penal code, 1860 (45 of1860), shall apply accordingly.'it is thus clear that taking of another wife by a hindu during the subsistence of his marriage with his previous wife is void. admission of amar kaur in compromise in a suit for declaration and permanent injunction filed by ..... fulfilled, namely: (i) neither party has a spouse living at the time of the marriage; (ii) to (v) xxx xxx xxx.' section 17 of the hindu marriage act lays down as follows:'17. punishment of bigamy - any marriage between two hindus solemnized after the commencement of this act is void if at the time of ..... marriage with amar kaur. it was not necessary that the marriage of amar kaur should have been dissolved by a decree of divorce under the provisions of hindu marriage act, if waryam singh were to take sumitar kaur as his wife, he could take sumitar kaur as his wife if his marriage with amar .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-2000
Reported in : 248ITR103(SC); (2002)9SCC672
..... property to meet his obligation under law met with no success. however, the appellate assistant commissioner, the tribunal and the high court accepted the assessee's contention.3. learned counsel for the revenue drew our attention to ..... expenses incidental to her marriage. attention is drawn to the fact that the gift deed expressly provides that the gift is made in satisfaction of the assessee's obligation under law to maintain his daughters.5. we think, in the circumstances, that the view taken by the tribunal and the high court deserves to be affirmed. the transfer to meet the ..... us and which, it would appear, was before the authorities and the tribunal states that the gifts were made because it was the assessee's bounden duty according to the law to look after the daughters' education, livelihood, marriage and other expenses. before the gift-tax officer the assessee's plea that this was not a gift but a transfer of ..... each daughter and that the balance was exigible to gift-tax.4. on the other hand, reliance was placed upon section 20 of the hindu adoptions and maintenance act, 1956. by reason of section 20 thereof, a hindu is bound during his lifetime to maintain his daughter and his obligation extends to the extent that she cannot maintain herself out of her .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-2000
Reported in : (2001)165CTR(SC)11
..... property to meet his obligation under law met with no success. however, the appellate assistant commissioner, the tribunal and the high court accepted the assessee's contention.3. learned counsel for the revenue drew our attention to ..... expenses incidental to her marriage. attention is drawn to the fact that the gift deed expressly provides that the gift is made in satisfaction of the assessee's obligation under law to maintain his daughters.5. we think, in the circumstances, that the view taken by the tribunal and the high court deserves to be affirmed. the transfer to meet the ..... us and which, it would appear, was before the authorities and the tribunal, states that the gifts were made because it was the assessee's bounden duty according to the law to look after the daughters' education, livelihood, marriage and other expenses. before the gift tax officer the assessee's plea that this was not a gift but a transfer of ..... each daughter and that the balance was exigible to gift-tax.4. on the other hand, reliance was placed upon section 20 of the hindu adoption and maintenance act, 1956. by reason of section 20 thereof, a hindu is bound during his lifetime to maintain his daughter and his obligation extends to the extent that she cannot maintain herself out of her .....Tag this Judgment!