Skip to content


Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Page 8 of about 303 results (0.150 seconds)

Nov 17 1983 (HC)

Kuldeep Kumar Vs. Chander Kanta

Court : Delhi

Reported in : 1984CriLJ550; 1984(2)Crimes173; 1984(6)DRJ67; 1984RLR136

..... displace an order under section 125 of the code and if it has to be displaced, better ..... sweep of article 12 reinforced by act 39. so, an order under section 125 of the code was held to prevail over an interim order under see 24 of the act because the latter was not a final determination such as the one under the hindu adoption and maintenance act, 1956. it was contended that since an order under sec 25 of the act was a final determination, it must ..... , j. (1) the parties were married on 20-2-1980. their marriage was dissolved by the additional district judge on 6-1-1982. the wife was granted under section 25 of the hindu marriage act, 1955 (the act) a monthly maintenance of rs. 200.00 per month with effect from 21-9-1981. inspire of this order, the learned metropolitan magistrate, in a petition under ..... section 125 of the code of criminal procedure 1973 (the code) by his order dated 1-7-1982 granted maintenance at the rate of rs. 300.00 per month with effect .....

Tag this Judgment!

May 15 1989 (HC)

Smt. Raja Devi Vs. Inspecting Assistant Commissioner.

Court : Delhi

Reported in : [1989]30ITD285(Delhi)

..... air-ticket of rs. 7,840 was a direct gift. as to the legal obligation to perform marriages, the assessing officer placed reliance?ts of section 20 and 21 read with section 3(b) of the hindu adoption and maintenance act, 1956.3. the commissioner of gift-tax (appeals) endorsed the assessment order.4. same stands as were taken by the parties before the tax authorities below ..... have been reiterated by them before us.5. 'gift', as defined in clause (xii) of section 2 of the gift-tax act, 1958, means (i) transfer of any ..... ) the said marriage expenditure of rs. 40,000 and air-ticket of rs. 7,840 amounted to gift by smt. raja devi. he, thereforee, issued notice under section 16(1) of the gift-tax act to the assessed calling upon her to furnish gift-tax return. the assessed filed nil return. however, the iac of gift-tax (assessment) treated the said expenditure ..... existing movable or immovable property, (ii) made voluntarily and without consideration in money or moneys worth, by one person to another. the person who makes the gift is called donor and a person who acquires the property under gift is called donee. 'transfer of property as defined in clause (xxiv) of section 2 .....

Tag this Judgment!

Jan 25 1991 (HC)

Nirmaljit Arora Vs. Bharat Steel Tubes Ltd.

Court : Delhi

Reported in : 43(1991)DLT394; 1991(20)DRJ236

..... effect should be given to it or not.'(27) in amireddi raja gopala rao v. amireddi sitharamamma, : [1965]3scr122 , the question was as to whether illegitimate son of a sudra from brahim concubine and the concubine are entitled to maintenance from the estate of the deceased and whether their rights were affected by hindu adoptions and maintenance act, 1956. the provisions of s. 4, s. ..... legislature expressly provided an exception of its application to those cases pending but no such, exception was carved out in section 26(b). it was .observed that when legislature, acts a particular point of time in legislating two provisions in the same act, and in one retrospective effect is a voided by making an exception and in the other drastic consequences are contemplated ..... the period of 10 years from the dale on which its construction is completed except as provided in various provisions mentioned in sub-section (2) and sub-section further made provisions as to when construction would be considered to be completed. section 39 of the act provided for pending suits for eviction relating to buildings, brought under regulation for the first time. this ..... 26, 1950 and its commencement or where he acquires such nationality after its commencement. the case turned on the language of section 9(2) and rule 30. section 9(2) provided that if any question arises as to whether, when and how any person has acquired the citizenships of another country, it shall be determined by such authority ?'n such manner .....

Tag this Judgment!

Aug 24 1982 (HC)

Ashok Kumar and anr. Vs. Kishan Kumar and ors.

Court : Delhi

Reported in : ILR1983Delhi250

..... would be true even of a disposition by a will. that the claim for maintenance is not a charge on the estate, has since been recognised by the hindu adoptions and maintenance act, 1956. section 39 of the transfer of property act also recognises that a widow's right of maintenance, not being a charge, could not be enforced against transferee for value unless the transfer was made in fraud ..... an absolute estate by virtue of the provision of section 14(1) of hindu succession act, 1956.(2) the facts and circumstances leading to the suit are, by and large, beyond controversy. one umrao singh, who held joint hindu family properties as the sole surviving coparcener, executed a will on january 9, 1927, duly registered on january 27, 1927, in terms whereof he bequeathed one ..... plaintiffs, not during the lifetime of her husband or soon thereafter, but after a lapse of 10 years of the death of onkar prasad and was, thereforee, an illegitimate child. when shanti devi died in 1969, the plaintiffs were admittedly her only male issues. during the lifetime of kalawati. krishan kumar, defendant no. 1, was living with his mother in a ..... a conferment of a new title so as to fall squarely within section 14(2) of the 1956 act.' this is how fazal ali, j. summarised the position of the hindu women's right to maintenance:27.thus on a carefull consideration and detailed analysis of the authorities mentioned above and the shastric hindu law on the subject, the following propositions emerge with respect to the .....

Tag this Judgment!

Apr 04 2018 (HC)

Paramjit Anand vs.mohan Lal Anand (Since Deceased) Through Lrs & Ors.

Court : Delhi

..... her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956. she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchasers for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... s case (supra) had a pre-existing right to maintenance under the hindu adoptions and maintenance act when the property was given to her for maintenance. i would like to note that the provision of hindu adoptions and maintenance act which is not stated in para 29 is the provision of section 18 of the hindu adoptions and maintenance act which gives right to the wife for maintenance from the property of her husband. second line of ..... those who take the estate. it is seen that neither section 18 relating to a wife nor section 21 dealing with a widow, provides for any charge for the maintenance on the property of the husband. to the contrary, section 27 specifies that a dependant's claim for maintenance under that act, shall not be a charge on the estate of the deceased unless one would have been created .....

Tag this Judgment!

Oct 11 2013 (HC)

Ranvir Dewan and anr Vs. Rashmi Khanna and ors

Court : Delhi

..... in recognition of or in lieu of her right to maintenance under the shastric hindu law or under the hindu adoption and maintenance act, 1956. consequently, these were instances where the dispositions of property, albeit as a limited estate, would blossom into a full interest by reason of sub-section (1) of section 14 of the act. learned counsel further contended that, there is no absolute rule that all properties ..... from those who take the estate. it is seen that neither section 18 relating to a wife nor section 21 dealing with a widow, provides for any charge for the maintenance on the property of the husband. to the contrary, section 27 specifies that a dependant s claim for maintenance under that act, shall not be a charge on the estate of the deceased unless one would have been ..... to the award, a property was accepted by the widow under the award for her life estate. in this regard the court held: when specific property was allotted to the widow in lieu of her claim for maintenance, the allotment was in satisfaction of her right to be maintained out of the joint family property. it was not a grant for the ..... & chandan enterprises pvt. ltd. on 17.12.2008. plaintiff no.1 claims that the quality of the agreements got drafted by defendant no.2 was fairly mediocre. he states that when he asked defendants no.1 and 2 about the quality of the legal work, he was told that these were the standards that existed in india and that everybody was .....

Tag this Judgment!

Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....

Tag this Judgment!

Dec 03 2018 (HC)

V vs.s

Court : Delhi

..... in cont.cas321/2015 page 7 of 18 3. ham no.2/2012 under section 18 of the hindu adoption and maintenance act, 1956 3.1. on 24th january, 2013, both the parties recorded their joint statement before the family court, rohini in ham no.02/2012 under section 18 of the hindu adoptions and maintenance act, 1956 which was disposed of as compromised. 3.2. the joint statement is reproduced hereunder ..... and the orders dated 17th october, 2011, 24th january, 2013 and 07th february, 2013 of the family court. rev.pet.263/2016 in cont.cas321/2015 page 17 of 18 27. the reply to the show cause notice be filed within one week. rejoinder within one week thereafter.28. the respondent s prayer for discharge of the undertaking and for restoration ..... .263/2016 in cont.cas321/2015 page 16 of 18 statement and orders of the family court and stayed maintenance proceedings under section 125 cr.p.c. cm no.15608/2015 was being heard by this court on 01st and 02nd march, 2016 when the respondent chose to give the undertaking.24. there is no merit in the averments made by the respondent ..... the contempt petition was heard on 01st march, 2016 when this court observed that the respondent was prima facie guilty of contempt. according to the petitioner, this court observed that if the respondent was ultimately held guilty of contempt, the respondent would suffer consequences of contempt apart from dismissal of the maintenance application whereupon the respondent sought time to think over. on .....

Tag this Judgment!

Nov 22 2012 (HC)

Mansi Vohra Vs. Ramesh Vohra

Court : Delhi

..... or in case of females till they get married, is fully applicable to the facts at hand. it may be noted here that under sub-section (3) of section 20 of the hindu adoptions and maintenance act, 1956, obligation of a hindu father includes the obligation to maintain his unmarried daughter not only for the purposes of her day-to-day expenses, but also in respect of the ..... maintainable on a combined reading of both sections 125 cr.p.c. and section 20(3) of hindu adoptions and maintenance act, 1956.7. moreover, to ask the petitioner to now file an independent petition before the family court under section 20(3) of hindu adoptions and maintenance act, 1956 would not only cause her inconvenience but would also defeat her right to claim maintenance for the period section 125 cr.p.c. proceeding was ..... is 1st year student of engineering college, bhatinda, (punjab), living in the hostel; her admission expenses of rs. 55,000/- and other fee charges were arranged by her mother. she has to pay besides fee, monthly hostel charges and for the books, etc. the respondent no. 2 is studying in xi class in a public school and her expenses for education are ..... also being borne by her mother. the respondents have no means for their maintenance, education and their mother is unable to bear the expenses, which .....

Tag this Judgment!

Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right. 27. as held by this court, if the acquisition of the property attracts subsection ( .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //