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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Year: 1989 Page 1 of about 4 results (0.118 seconds)

Aug 22 1989 (HC)

Baby Rashmi Mehra and Another Vs. Sunil Mehra and Others

Court : Delhi

Decided on : Aug-22-1989

Reported in : AIR1991Delhi44; I(1990)DMC94

..... residence of seema's father.3. the suit has been filed under the provisions of ss. 18 and 20. hindu adoptions and maintenance act, 1956, no. 78 of 1956 (hereinafter referred as the act). the daughter and mother have, inter alia, claimed that (a) a decree for maintenance for a sum of rs. 6500 / - per month against the defendants; (b) a decree against defendant ..... day needs like food, clothing and medical expenses etc. the wife seems has also claimed a sum of rest. 2,000/- per month by way of maintenance. seema is about 27 years old age and is admittedly neither working nor has any income of her own nor does she own any immovable asset. in addition to claim of ..... records after giving deduction for income-tax payable is rs. 48,000 / - though it is hard to believe it. the wife is a young lady of about 27 years and daughter is about 4 years of age and her school fee is more than rs. 300/- per month.17. keeping in view the amount of free estate ..... added to the assessed income to determine the yearly earnings of defendant 1. besides that the amount of about rs. 3,000/- claimed as repairing and collection charges has also to be excluded because it is not the case of defendants that any amount was spent on repairs or towards collection ..... charges. thus total yearly income of defendant i would be rs. 55,700 / -. defendant i will be entitled to deduct the amount pay as income -1 ax .....

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Feb 28 1989 (HC)

Vijaylaxmi Vs. Manjit Singh Bhalla

Court : Delhi

Decided on : Feb-28-1989

Reported in : 1989(16)DRJ367; 1989RLR248

..... in the present case wife was entitled to be maintained by the husband who was as well bound to maintain the child ; (see sections 18 and 20 of the hindu adoptions and maintenance act, 1956). (9) the petitioner has brought on record certain instructions and forms relating to grant of afdc. these pertain to the state of california ..... petition. she seeks revision of the order dated 30/11/1985 of the additional district judge, delhi, dismissing her application filed under section 24 of the hindu marriage act, 1955 (for short 'the act'). this application the wife filed in a proceeding for dissolution of marriage filed by her husband (respondent now before me) on ..... .00 per month, was living with his parents in their house and had no liability. she, thereforee, claimed rs. 1,500.00 per month as maintenance charges for her and for the child. she further claimed rs. 3,500.00 towards litigation expenses and another sum of rs. 14,000.00 to enable ..... arises in this petition is whether the court could have taken into consideration the social security benefit enjoyed by the wife in the u.s.a. when determining maintenance pendente lite and expenses of the proceedings. in india there is no such system for grant of social security benefit by the state. in u. ..... one and a half month's stay in india the wife left for the u.s.a. she gave birth to a child, a daughter, on 27/8/1983 there. the petition for dissolution of marriage was filed by the husband in the court of the district judge, delhi, on 15/5/1984 .....

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May 15 1989 (HC)

Smt. Raja Devi Vs. Inspecting Assistant Commissioner.

Court : Delhi

Decided on : May-15-1989

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 .....

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Feb 28 1989 (TRI)

Rajender Kumar Goyal Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-28-1989

Reported in : (1990)32ITD489(Delhi)

..... ) of the act. according to the learned counsel money was given to the daughter to meet her marriage expenses and that it was the assessee's social and legal obligation to incur ..... taxable gift made under section 2(xii) of the gift-tax act, 1958.mention was also made of section 5(l)(vii) of the act in respect of the gift made for support and maintenance or on the occasion of the marriage of the relative. mention by the learned counsel was also made of section 20 of the hindu adoptions and maintenance act, 1956 and so also of section 3(b)(ii ..... consideration was not absent as the transfer was with consideration, the present transfer cannot be termed as gift under section 2(xii) of the act. in fact the transfer was for the maintenance which was the assessee's obligation in terms of the hindu adoption and maintenance act. in the light of the above discussion we are convinced that gift-tax was not leviable as the amount ..... provisions it is seen to be the assessee's social and legal obligation to support and maintain his children. section 20 of the hindu adoption and maintenance act appears to be clear on the point wherein it is contained that "subject to the provision of this section hindu is bound, during his or her lifetime to maintain his or her legitimate or illegitimate children and his or .....

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Mar 06 1989 (HC)

Promila Nangia Vs. Baldev Raj Nangia

Court : Delhi

Decided on : Mar-06-1989

Reported in : 38(1989)DLT198

..... order dated 12th july, 1988 whereby the addl. district judge, delhi has disposed of the application under section 24 of the hindu marriage act filed by the petitioner for enhancement of maintenance pendente lite. (2) the petition for maintenance was initially filed in september, 1985 and it was directed that the petitioner should get rs. 550 ..... 1987 and it is from that date that he started getting a salary of rs. 5055.00 p.m. in that view of matter, the enhanced maintenance should be allowed to the petitioner only with effect from 1st january, 1987. (13) for the aforesaid reasons the petition is allowed, the order dated ..... is no evidence on record, prima facie or otherwise, which can lead one to the conclusion that the petitioner has any source of income, independent of maintenance which was being provided by the respondent-husband. (10) the respondent is a high naval officer getting a gross salary of rs. 5055.00 . according ..... husband is rs. 5055.00 and after deducting income tax and permissible deductions the amount came to rs. 3600.00 the addl. district judge enhanced the maintenance from rs. 550.00 p.m. to rs. 650.00 p.m. (6) aggrieved by the aforesaid order the present revision has been filed. ..... the gross salary of rs. 5055.00 , the net salary of rs. 3600.00 after taking into account the permissible deductions. i see no reason to adopt a figure different from that which has been arrived at by the addl. district judge delhi. (11) proceeding on the basis that the disposable salary of .....

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Mar 08 1989 (HC)

Smt. Nitu Alias Asha, Vs. Shri Krishan Lal,

Court : Delhi

Decided on : Mar-08-1989

Reported in : 1989(16)DRJ386

..... that the wife was staying away without any just or reasonable cause simply by proving notice ex. p- 1, on the view that the husband adopted right course, when the wife did not return on the promised 40th day of the death of the father, by sending this notice, calling upon her in no uncertain ..... 121 (supra), that irretrievable break down of marriage is not contemplated to be one of the grounds for dissolution of marriage, in the scheme of the hindu marriage act, and thus by itself it cannot be taken to be a ground for decree of dissolution of marriage.40. we accordingly set aside the judgment of ..... after receipt of such type of notice to come back.28. the learned single judge has referred to the dictum laid down in bipinchandra shah's case : [1956]1scr838 (supra), bathe has not taken note of the requirements laid down by the supreme court for a spouse alleging to have been deserted, to be established. ..... during the pond of the petition other than adding to the apprehension of the any money, much i maintenance, for wife who was already smothering under there. there was thus every reason for the wife humiliation when her husband did not comet to have returned to such an unrepentant for, the cremation of her fathering ..... back to the husband, and since she never did that, she was guilty of desertion, and as such the husband became entitled to a decree of divorce.27. this we find to be a wholly untenable yew to endorse. the tenor and tone of the notice ex. p-1 as well as the timing thereof .....

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Mar 08 1989 (HC)

Nitu Alias Asha Vs. Krishan Lal

Court : Delhi

Decided on : Mar-08-1989

Reported in : AIR1990Delhi1

..... inconsistencies and omissions on material particulars in the notice given on 26th december, 1978, or vagueness of certain allegations in the petition under section 13(l)(ib) of the hindu marriage act. and argued that the view taken by the trial court on the impact of the notice dated 26th december, 1978 was a perfectly ..... showing that the wife was staying away without any just or reasonable cause simply by proving notice ex. pi, on the view that the husband adopted right cause, when the wife did not return on the promised 40th day of the death of the father, by sending this notice, calling upon her in ..... old, or at any point or time, till he filed the petition, or even during the pendency of the petition sent any money, much less maintenance for her. there was thus every reason for the wife not to have returned to such an unrepentant and callous husband. the learned single judge had ..... to the husband, and since she never did that, she was guilty of desertion, and as such the husband became entitled to a decree of divorce. (27) this we find to be a wholly untenable view to endorse, the tenor and tone of the notice ex. pi as well as the timing thereof, ..... her brothers, brother-in-law and other relatives made efforts to see that the husband adopt a proper attitude, and that the wife returns only after reconciliation was ensured. (15) mr. makhija cited from a supreme court judgment : [1956]1scr838 - (bipinchandra jaisinghbai shah-v.prabhavati), holding that desertion is a matter of influence .....

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Mar 01 1989 (HC)

D.C.M. Ltd. Vs. Lt. Governor, Delhi and Others

Court : Delhi

Decided on : Mar-01-1989

Reported in : 37(1989)DLT425; 1989LabIC1652; (1989)IILLJ250Del; 1989RLR210

..... , delhi communicated in the letter dated april 16, 1985 rejecting the petitioners application dated march 27, 1985 and refusing the petitioners permission under section 25-o of the industrial disputes act, 1947 (for short called the 'i.d. act') to close its industrial undertaking delhi cloth mills at bara hindu rao, delhi (for short called 'the mill') with effect from july 1985. the further ..... from the present site with effect from january, 1989. as to the nuisance of the discharging of toxic effluents and causing pollution by the mill, the lt. governor has adopted an entirely wrong approach. the consent had been denied by the statutory central pollution control board for discharging toxic effluents. the continued discharge of the toxic effluents is against the ..... prescribed thereforee, under the master plan. there is also no reasonable basis that the clearance may not be forthcoming under the slum areas (improvement and clearance) act, 1956. it had to be presumed that the authorities will act reasonably and in accordance with law. 19. mr. m. k. ramamurthy, senior advocate, who is appearing for the unions who are party to the ..... not been ignored by the management because of the golden hand-shake in the settlement between the petitioners and 12 unions of the workers. there is no compelling public interest when the workman are satisfied. 21. we share the concern of the delhi administration as urged by the solicitor general for safeguarding the interest of and the welfare of the .....

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Mar 01 1989 (HC)

Delhi Cloth Mill Ltd. Vs. Lt. Governor, Delhi and ors.

Court : Delhi

Decided on : Mar-01-1989

Reported in : [1989(58)FLR859]

..... dated april 16, 1985 rejecting the petitioners' application dated march 27, 1985 and refusing-the petitioners permission under section 2-0 of the industrial disputes act, r-47 (for short called the id act) to close its industrial undertaking deibi cloth mills at bara hindu rao, delhi (for short called the mill) with effect from ..... effect from january, 1989. as to the nuisance of the discharging of toxic effluents and causing pollution by the mill the lt. governor has adopted an entirely wrong approach. the consent had been denied by the statutory central pollution control board for discharging toxic effluents. the continued discharge of ..... . there is also no reasonable basis that the clearance may not be forthcoming under the slum areas (improvement and clearance) act, 1956. it had to be presumed that the authorities will act reasonably and in accordance with law. (19) mr m k. ramamurthy, senior advocate, who is appearing for the unions ..... the proposed modifications are detailed in notification we were again taken through the proposed modifications and we find there is no proposal at all for charge of the land use of d.c.m. site. on the contrary, there is reiteration of the land use of the d.c.m ..... because of the golden band-shake in the settlement between the petitioners and 12 unions of the workers. there is no completing public interest when the workmen are satisfied. (21) we share the concern of the delhi administration as urged by the solicitor general for safeguarding the interest .....

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Sep 04 1989 (HC)

Bajaj Food Products Vs. Central Board Trustee and ors.

Court : Delhi

Decided on : Sep-04-1989

Reported in : 39(1989)DLT287; [1990(60)FLR428]; (1991)ILLJ52Del

..... dated april 16, 1985 rejecting the petitioners' application dated march 27, 1985 and refusing-the petitioners permission under section 2-o of the industrial disputes act, r-47 (for short called the id act) to close its industrial undertaking deibi cloth mills at bara hindu rao, delhi (for short called the mill) with effect from ..... effect from january, 1989. as to the nuisance of the discharging of toxic effluents and causing pollution by the mill the lt. governor has adopted an entirely wrong approach. the consent had been denied by the statutory central pollution control board for discharging toxic effluents. the continued discharge of ..... . there is also no reasonable basis that the clearance may not be forthcoming under the slum areas (improvement and clearance) act, 1956. it had to be presumed that the authorities will act reasonably and in accordance with law. (19) mr m k. ramamurthy, senior advocate, who is appearing for the unions ..... the proposed modifications are detailed in notification we were again taken through the proposed modifications and we find there is no proposal at all for charge of the land use of d.c.m. site. on the contrary, there is reiteration of the land use of the d.c.m ..... because of the golden band-shake in the settlement between the petitioners and 12 unions of the workers. there is no completing public interest when the workmen are satisfied. (21) we share the concern of the delhi administration as urged by the solicitor general for safeguarding the interest .....

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