Court : Delhi
Decided on : Aug-24-1982
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!
Court : Delhi
Decided on : Mar-30-1982
Reported in : 21(1982)DLT57; 1982(3)DRJ250
..... 1952 and was the son of duli chand gupta. his contention is that a child aged more than 15 years is not capable of being taken in adoption as provided in section 10 of the hindu adoptions and maintenance act, 1956. the date of birth given in ex. r-4 is 1.4.1932. inother words in 1952 he was aged 20 years and thereforee, sri bhagwan ..... . his submission. is that this document was neither filed with the written statement nor included in the list of reliance, that the same was placed on record at the time when sri bhagwan appeared as rw-4 on 14.9.1978, that without deciding the objection of the respondent the said document was allowed to be placed on record and proved ..... the appellant alleged that he had sub-let and parted wish the possession of the suit shop to hira lal sri bhagwan without his consent. the appellant in reply dated 27-1-1976 ex. r-3 alleged that he was in possession of the accounts book showing payment of the rent, that he was living jointly with his son sri bhagwan ..... tribunal also erred in law in rejecting his application for additional evidence under order 41 rule 27 of the code of civil procedures. he thereforee, submits that if ex. r-4 is accepted on record and the court concludes that sri bhagwan is not the adopted son of hira lal, the respondent should be granted an opportunity to lead additional evidence to .....Tag this Judgment!
Court : Delhi
Decided on : May-24-1982
Reported in : AIR1982Delhi520; 22(1982)DLT11
..... is for not less than 12 years, vide govindrao and another v. raja bai and another . that is the effect of article 65 and section 27 of the limitation act. we are, thereforee, of the view that the suit is not barred under article 113. consequently, we reject the argument so assiduously and ..... this suit, and the whole story was unimaginable and almost fictional. but upon deep reflection, it appears to us quite dearly that when in the suit for maintenance the earlier nanak chand declared that he was never married properly to bimla devi, his statement cannot be discarded simply on the ground ..... : air1925mad932 . the learned single judge observed that the recital in dispute only conveys that lala banarasi das. at best only meant to constitute the adopted son as heir to the property let at his demise and not create a bequest to come into effect after the death. he rejected the contention ..... the learned judge alluded, could not be used as evidence against the defendant. rather, they suggest that bimla devi was never married according to hindu rites to the earlier nanak chand. we. thereforee, hold that the findings in this regard are against the record and further hold that the first ..... sue accrues : see chowkaran pashukkath asanlevi v. pushail veluthan charis ummer and others, air 1956 mad 100. the learned counsel for the appellants maintained that the right to see accrued on 17-5-1963 when the plaintiffs gave notice of (heir definite and unambiguous intention to separate from the family and .....Tag this Judgment!
Court : Delhi
Decided on : Dec-07-1982
Reported in : 23(1983)DLT240
..... pay the maintenance pendentelite which has beengranted by the court below. the divorce has been askedfor on the ground of cruelty, desertion and unsoundness ofmind. by 5-5-1.981 the present application under section 7 and 25 of the guardians and wards act and under section 6 of-hindu minority and guardianship act 1956 was ..... the respondent who is showinghis solicitude for the physical comfort of the child was onlyto carry out the count's order by paying regularly the maintenance allowance. we hope that considering that we intendto give custody of the child he will not cavil at carrying outhis legal obligation. the absence ..... came to his shop, left the child with him and theletter. it is hard to understand why this clumsy, senseless.device should have been adopted by the appellant if shewas keen to walk out and that too without the child. onewould have thought that the simplest thing was just to ..... to goback may not be capable of rational explanationn but is actualstark reality. arguments based on the concept of modernwomen are totally out of focus when examining the life styleof a lower middle class married woman. the husband isnot agreeable for reconciliation in a male dominated societyhe has an advantage. ..... .7, who says that the appellant came to hishouse and delivered this letter. this witness also provesa letter claimed to have been written on 27-3-1978 in whichagain the appellant is stated to have written that she wantsdivorce from her husband and that she does not want thechild and .....Tag this Judgment!
Court : Delhi
Decided on : May-07-1982
Reported in : 53CompCas409(Delhi); (1983)36CTR(Del)153; ILR1983Delhi856; 141ITR174(Delhi)
..... limit of 10% of the paid up capital and free reserves, in the case of m & m under section 370 of the companies act, 1956, was rs. 120 lakhs on that date and m & m had already lent and advanced to various third ..... repayment to creditors to the extent of rs. 4.0 crores, besides small investment of rs. 0.7 crore on maintenance, replacement of machineries. it was expected that the under-taking of the amalgamating company would be revived as a result ..... abide by this definition.' 15. after reviewing the different perceptions of industrial sickness they have stated :'definition of sickness adopted in the study sickness of a unit is defined as the weakening of financial viability, leading to its loss and finally ..... dissolved without winding up. (4) the department of heavy industries of the government of india (which department is administratively in charge of itci's undertaking) had also expressed the view - 'that the amalgamating company was financially non-viable immediately before the ..... agarwal : 3scr108 ). in hochtief gammon v. state of orissa, : (1975)iillj418sc , the interference by courts is held justified when the executive have taken into consideration wholly irrelevant or extraneous considerations. it was ruled (p. 2234) : 'the executive have to reach their ..... in the impugned orders. no attempt has been made to spell it out in the counter-affidavit in this court. 27. the very purpose of s. 72a is to revive the business of an undertaking which is financially non-viable .....Tag this Judgment!
Court : Delhi
Decided on : Feb-12-1982
Reported in : 55CompCas462(Delhi); 1982(3)DRJ239
..... power. what is considered objectionable is the use of such powers merely for an extraneous purpose like maintenance or acquisition of control over the affairs of the company'. 'so far as authority goes, an issue ..... 32/1971, under ss. 397, 398 and 403 of the companies act, 1956, was moved as mentioned in the said petition was that apart from listing many other acts of oppression against the sodhi group, specific grievance was made that an ..... petitioner must prove oppression by majority, though in the present case there is ample evidence of the serious devices adopted by bali to exclude sodhi, because as lord cross said in ebrahimi's case  2 all er ..... circumstances it is the law that if the time of holding the meeting and other essential particulars required by the section are not specified in the notice, the meeting will be invalid, and all resolutions passed thereat will be of ..... group. and thus because sodhi and his group would also have been offered similar amount of shares the charge of lack of bona fide may not have been able to stick against bali. as stated in nanalal ..... material reference may be made to the explanatory statement issued under s. 173(2) of the companies act when bali is stated to have called a meeting on april 29, 1970. it is clearly mentioned therein ..... authority has been cited in support of this extreme contention urged by mr. talwar, which is repelled. 27. the next contention was that the learned judge should have decided the matter only on the allegations made .....Tag this Judgment!