Court : Andhra Pradesh
..... to be a charge and this provision specifies a dependant's claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the ..... charge.)" 25. in baburao v. gopikabai1 it was held that where judgment-debtor is also under a personal liability to pay maintenance, the fact that a charge is created as a security for regular payments does not deprive the decree-holder of his ordinary right to execute the decree personally against the judgment-debtor. 26. section 27 of hindu adoptions and maintenance act, 1956 deals with maintenance when ..... of first instance but with an addition of creation of charge over the plaint schedule properties. the appellate court after referring to the relevant provisions of hindu adoptions and maintenance act recorded such findings and was of the opinion that in a suit for maintenance non-granting of relief of creation of charge may not be just and proper and accordingly the ..... the property of her husband and to claim protection under section 39 of the t.p. act. hence, the gift in favour of the concubine by the husband cannot avail against the right of the wife to have a charge for maintenance amount. the right of a hindu wife to maintenance is also interlinked with her interest in her husband's .....Tag this Judgment!
Court : Chennai
..... decision in narsinhamurthi v. satyanandan (1941) 2 mad lj 386.62. section 101 of the transfer property act speaks of 'no merger in case of subsequent encumbrance'. section 25 of the hindu adoptions and maintenance act, 1956 provides for creation of charge on the estate and also that the claim even of a widow for maintenance is not a charge upon the estate of her deceased husband, whether joint or separate ..... 1998.41. according to the learned counsel for the respondents/ plaintiffs, section 27 of the hindu adoptions and maintenance act deals with 'maintenance when to be a charge' and a charge can be created on the estate of the deceased or any portion thereof, by a decree of the court and maintenance can be made a charge as per section 27 of the act on the property of the deceased by a decree of the ..... and that the appellants/defendants have been ready and willing to divide and allot the said share to them and therefore, they are not entitled to claim maintenance by virtue of section 19 of the hindu adoptions and maintenance act, 1956.12. the learned counsel for the appellants projects an argument that the appellants are under no obligation to maintain the daughter-in-law or sister-in .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1968Kant288; AIR1968Mys288
..... him. the ground on which the subordinate judge removed the charge was that the hindu adoptions and maintenance act, 1956 does not authorise the creation o the charge. he was having in his mind the provisions of section 27 of that act which provides for the creation of a charge in the context of a dependant's claim for maintenance and appears to have been of the view that in ..... 1,270/-. the subordinate judge restricted the period for which arrears could be claimed as the period subsequent to december 21, 1956 when the hindu adoptions and maintenance act came into force. he must have thought that arrears were claimable only after that act came into force and not during the earlier period. for this assumption there was not the slightest justification laxmi made a ..... decree for future maintenance but enhanced the amount which had been awarded by the munsiff towards the past maintenance, to a sum of rs.1,270/- payable in respect of the period between december 21, 1956 when the hindu adoptions and maintenance act came into force and, the date of institution of the suit.(9) ..... rupees 760.10 p. but reached the conclusion that that sum of money was payable for the period of 1 year and 5 months commencing from december 21, 1956 when the hindu adoptions and maintenance act, 1956 came into force.(8) in the appeal preferred by defendants 1 and 2 in which there was a cross-objection by rohini, the subordinate judge maintained the .....Tag this Judgment!
Court : Karnataka
..... rsa263311 8. thopamma had instituted the suit in o.s. no.245/1968 for maintenance and creation of charge. at the first instance, so far as the right to claim maintenance, it is under section 18 of the hindu adoptions and maintenance act, 1956 [hereinafter referred to as the ham act for short]. that she sought for a maintenance from her husband. this statutory right is conferred upon her under sub ..... provision either under the ham act or any other provision of law that this right of maintenance could be a charge on the properties of her husband.9. now, so far as creation of charge, section 27 of the ham act provides the circumstances when maintenance could be a charge on the property and it reads; maintenance when to be a charge.-a dependant s claim for maintenance under this act shall not be a ..... charge on the estate of the deceased or any portion thereof, unless one has been created by the will of .....Tag this Judgment!
Court : Karnataka
Reported in : (1969)ILLJ493Kant; (1966)2MysLJ97
..... . so the plaintiff was entitled to no more than a reasonable opportunity such as the one to which art. 311 of the constitution refers. the charge of misconduct against him was that he displayed insubordination towards corporal bhan and used vituperative language against him. corporal bhan and prasad were the two witnesses ..... based. he could then demonstrate that the evidence produced does not establish the charges or that the punishment proposed in excessive. in the case before us the commanding officer who issued the show-cause notice was the very person who ..... 1954. a copy of the report which should normally be furnished to the government servant is what is necessary to enable him to adequately show-cause when he exercises the second opportunity which he can do only if he has knowledge of the materials on which the conclusions of the enquiring officers are ..... was that ex. d. 4 was submitted to the commanding officer who interviewed the plaintiff in his presence. the order made by the commanding officer on 27 july, 1954 deciding to discharge the plaintiff was preceded by that interview, during which the commanding officer must have listened to his representation. 21. the question ..... j., heard it, he referred it to a bench of two judges under the provisions of s. 6 of the mysore high court act since in his opinion the appeal involved an important question of law as to the applicability of the provisions of art. 311 of .....Tag this Judgment!
Court : Mumbai
Reported in : 1991(2)BomCR336; (1991)93BOMLR1004; II(1991)DMC548
..... to the wife and it is in this connection this court has observed that there is no inconsistency between the provisions of section 25(1) of the hindu marriage act and those of section 18 of the hindu adoptions and maintenance act, 1956.25. relying on these two decisions, in rajeshbai's case, this court has observed that even after rendering a decree of ..... rights of the suit property.14. the learned judge held, as far as the appellant no. 1 - vaijayanta is concerned, that the claim to maintenance under section 18 of the hindu adoptions and maintenance act, 1956, can be recognised only in respect of a legally wedded wife and is not extended to any other woman under any circumstances. the learned judge came ..... defendant-keru gangarde-deceased, now at the hands of the present respondents and the concerned revenue officer is directed to create such a charge by making the necessary mutation in the record of rights of the suitable property of village mandali tq. karjat dist. ahmednagar in accordance with the provisions of sections 26 and 27 of the hindu adoptions and maintenance act, 1956. ..... of the criminal procedure code in the aid of interpretation of the provisions of section 18 of the hindu adoptions and maintenance act, 1956. the distinction between the right of interim maintenance and permanent alimony under the hindu marriage act on one hand and the right recognised in favour of a wife under the hindu adoptions and maintenance act, 1956, on the other hand, has to be kept in mind and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 112ITR739(AP)
..... the property, is enforceable only like any other liability in respect of which no charge exists.'22. in fact, section 27 of the hindu adoptions and maintenance act lays down that a widow's claim for maintenance shall not be a charge on the estate of the deceased husband or any portion thereof, unless one has been created by the will of the deceased, by a decree of court ..... is only a charging section. it is only section 6 that is material for the present purpose. it says that property which a deceased was at the tims of his death competent to dispose shall be deemed to pass on his death. sri dasaratharama reddy's argument is that the amount of maintenance, which was payable to the wife, had she claimed maintenance when the husband ..... marriage of unmarried daughters. therefore, the deductions claimed could be allowed as debts and encumbrances under section 44 of the estate duty act, 1953. it was pointed out that the deceased was under an obligation to maintain his wife and minor daughter under the hindu adoptions and maintenance act, 1956, and that right did not come to an end with his death. the obligation was fastened on ..... of the property of her husband. it is true that if she filed a suit and got a decree with a charge for her maintenance on a particular portion of the property, that portion of the property is charged with her maintenance. but when her right does not take that concrete or choate shape or form, it cannot be said that the husband could not .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1972P& H169
..... :--'a dependant's claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof, unless ..... of maintenance could not be made a charge on the entire suit property.5. learned counsel for the appellant, in the first place, contended that the trial judge was in error in creating a charge on the suit property in lieu of the maintenance granted to shrimati bachni. for this purpose, he placed his reliance on section 27 of the hindu adoptions and maintenance act, 1956. the said section reads ..... , it is clear that a claim for maintenance could be made a charge on the estate of the deceased by a decree of the court. therefore, the trial judge could create a ..... one has been created by the will of the deceased, by a decree of court, by agreement between the dependent and the owner of the estate or portion, or otherwise.'6. indisputably shrimati bachni was a dependent. from the language of this section .....Tag this Judgment!
Court : Chennai
Reported in : AIR1978Mad103
..... statutory right of maintenance arising under the hindu adoptions and maintenance act, 1956 (central act no. 78 of 1956), that the appellant is not estopped from making her claim on the basis of the said act, that the trial court has failed to see the overriding effect of section 4 of the said act and that the maintenance right under section 18 read with ss. 26 and 27 of the act cannot be ..... above, we are of the view that the observation made by the full bench in kondamma v. seethamma (fb) that a maintenance holder cannot claim anyenhanced amount under section 25 of the act when she has relinquished her right of maintenance, is not applicable to the facts of this case since we have come to the conclusion that there is no relinquishment in ..... no right to ask for anything more. a decree was passed in terms of the compromise, which charged certain properties for the due performance of the maintenance. after the passing of the hindu adoptions and maintenance act, 1956, the respondent came forward with a claim that the maintenance awarded in that suit was insufficient to meet her needs, having regard to the changed circumstances and that ..... above. the plaintiff claimed that her suit is not barred because of the proceedings in the previous suit which ended in 1954. the arrears of maintenance have been claimed from 21-12-1956 when act 78 of 1956 came into force.2. the defendant filed a written statement contending as follows: he admits that the plaintiff was married to him and that there .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1991)93CTR(SC)256; 188ITR803(SC); JT1991(1)SC494; 1991(1)SCALE236; (1991)2SCC299; 1SCR448
..... reason of the husband's failure to act upto his statutory obligation to maintain his wife (see section 18(1) of the hindu adoptions and maintenance act, 1956). the wife is of course a sharer of the assets left behind by her husband (see section 8 of the hindu succession act, 1956). this claim was also, in our ..... reason of the charge created by section 74 of the act and that duty has to be deducted from the total value of the estate which is subjected to the levy of duty in terms of section 5. counsel further submits that the amount attributable to the maintenance of the wife ..... : 111itr365(guj) (gujarat), : 127itr642(all) (allahabad) : 132itr871(mad) , (gauhati), : 186itr29(bom) (bombay). this conclusion was adopted by the andhra pradesh high court in controller of estate duty estate of late omprakash bajaj : 110itr263(ap) and it was that decision which was followed by that high ..... property which passes to any person (other than the legal representative of the deceased) on the death of the deceased shall be a first charge on such interest:provided that the property shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.(3 ..... a death ...' per lord loreburn, l.c., winans and anr. v. attorney general  ac 27. the levy is upon the principal value of such property ascertained as provided under the act. property changes hands at the time of the death, by reason of the death, and, therefore, subsequent .....Tag this Judgment!