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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: 1991 Page 1 of about 5 results (0.077 seconds)

Aug 01 1991 (HC)

Ramesh Chander Sharma Vs. Saroj Sharma

Court : Delhi

Decided on : Aug-01-1991

Reported in : 45(1991)DLT35; II(1991)DMC365; 1991(1)DRJ(Suppl)449

..... santosh duggal, j. (1) this is a revision petition against an order of grant of interim maintenance for the daughters of the petitioner, who have filed asuit along with their mother under the hindu adoption and maintenance act, by means of interim application, the wife of the petitioner, who was plaintifi no. i as well as the daughters, ..... plaintiffs no. 2 and 3, prayed for an interim order of maintenance and on consideration of the entire material on record and ..... revision petition and the same is dismissed.(6) it is noticed that by the impugned order, the petitioner was directed to make payment of the maintenance from he date the institution of the suit which according to the counsel for the respondent was 24th may, 1990. it is admitted by the ..... age would be highly inadequate because of present cost of living. it is in recognition of this fact the petitioner does not challenge the quantum of maintenance. his only plea is that before this order was made, he was spending on the major heads of school fee, books etc.(3) there is ..... no material placed by the petitioner on the record that from the date when the suit was filed and up to the date this order is effective he has paid school fee or incurred any other expenses on a major .....

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Jan 25 1991 (HC)

Nirmaljit Arora Vs. Bharat Steel Tubes Ltd.

Court : Delhi

Decided on : Jan-25-1991

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 .....

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Sep 30 1991 (TRI)

Mrs. S. Pushpam Vs. Assistant Controller of Estate

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-30-1991

Reported in : (1991)39ITD26(Delhi)

..... said act provides that a hindu wife shall be entitled to be ..... made a charge upon the property, is enforceable only like any other liability in respect of which no charge exists.11. a hindu woman's right to maintenance is not an absolute right. it is a right of a inchoate character as described in the ruling aforesaid. this contingent nature of the right is evident from the provisions of the hindu adoptions and maintenance act, 1956. section 18 of the ..... , 1986 for the constitution of a larger bench, it is in this manner that this appeal was placed before and was heard by this special bench. when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving ..... reproduced below :- 1.1 hereby devise and bequeath my undivided share in the aforesaid property no. d-25, ndse-2, new delhi absolutely in favour of sri murli manohar, aged 27, son of my brother, shri rangaswami ramanujam, for his personal benefit and i have no other immovable property or interest in any immovable property. 2.1 hereby devise and bequeath .....

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Dec 12 1991 (HC)

Amrita Ahluwalia Vs. Union of India and ors.

Court : Delhi

Decided on : Dec-12-1991

Reported in : 1992CriLJ1906

..... are (1) that the question of custody of a girl ameena begum be referred to and decided by the juvenile board at new delhi; and (2) declare section 10(i) of the hindu adoption and maintenance act, 1956 as ultra vires.(2) briefly stated, the facts are that on 10th august, 1991 one girl namely, ameena begum was found in the flight from hyderabad to delhi ..... , guardian or other fit person on necessary formalities being completed. (11) it is not necessary to consider the other provisions of the act except to note that when a child is brought before the magistrate then section 8 of the act enjoins upon him to record an opinion whether the child is a juvenile and then to forward the juvenile and record of the ..... to this provision it is the board which has the power to exclusively deal with all the proceedings under the act relating to neglected juveniles.(10) section 13 provides for a neglected juvenile being taken charge of by the police officer or any person or organisation authorised by the state government and to bring that neglected juvenile before the board. according to its ..... . sub-section (3) every such neglected juvenile is to be brought before the board without any loss of time. section 15 requires an enquiry being made, by the .....

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Jan 18 1991 (HC)

Om Parkash Bhutani Vs. Kul Bhtjshan and ors.

Court : Delhi

Decided on : Jan-18-1991

Reported in : 43(1991)DLT490

..... , kumari deepa is neither a necessary nor a proper party for proper adjudication of the matter inasmuch as since kumari deepa has not been adopted legally as contained in section 11 of the hindu succession and maintenance act. being aggrieved from this order the plaintiff-petitioner, smt. saroj bhutani, has filed this revision petition. (5) the revision petition has been opposed by mr. jaitley, ..... counsel for the respondent. he has submitted that kumari deepa has not been adopted by the petitioner-plaintiff and the learned judge has rightly held that the adoption of ..... suit, the plaintiff, smt. saroj bhutani filed an application dated 7th november, 1989 under order i rule 10 read with order 6 rule 17 and section 151 of the code of civil procedure, 1908 that she has adopted kumari deepa, then aged about 8 years, daughter of her brother shri r.k. khanijow, as her daughter on 11.7.1989 to her ..... mahia, sub judge 1st class, delhi whereby he has disallowed the application made by the plaintiff, namely smt saroj bhutani for impleading kumari deep, who is alleged to have been adopted-during the pendency of the suit by her. (2) the facts giving rise to the revision petition are that the husband of the present plaintiff, shri 0m prakash bhutani, originally .....

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Apr 22 1991 (HC)

Surinder Kaur Vs. Manohar Singh

Court : Delhi

Decided on : Apr-22-1991

Reported in : II(1991)DMC84

..... month as rental income of his share.2. the respondent contested the application. by way of preliminary objection he said that in a petition under section 9 of the hindu marriage act in the court of sh. p.l. singla, the petitioner was proved to be employed with m/s bhurji electricals, industrial area, naraina ..... 1. these two revision petitions are directed against an order dated 23.9.89 of the learned metropolitan magistrate, new delhi by which .she allowed maintenance under section 125 of the code of criminal procedure (code for short) to the wife at the rate of rs. 150/- per month from the date of the application ..... argument of the learned counsel for the respondent.5. moreover even the prayer clause in the revision petition filed by the respondent seeks sustenance of the maintenance order to the extent of rs. 150/- per month only. he is aggrieved because the quantum has been fixed at rs. 350/- per month. ..... by summoning the file of the present proceedings, (he letter could have been put to the petitioner. this course was not adopted. in the absence of this course having been adopted by the respondent the marriage between the parties was dissolved by a decree of divorce, a certified copy of that judgment is ..... from the matrimonial home happily and her case that she was thrown out forcibly is falsified by this letter. but it may be noted that when the petitioner was examined as a witness in her divorce petition, this letter was not put to her. learned counsel for the respondent argued that .....

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May 14 1991 (HC)

Reena Manjula Vs. Sukhdev Singh and ors.

Court : Delhi

Decided on : May-14-1991

Reported in : II(1992)ACC648; 1992ACJ113

..... it held in para 10:the dependence of the legal representatives of the deceased is called in this context 'dependency'. it means the measure of maintenance or support which the dependant received from the deceased. it may be calculated annually. two methods can be used to calculate it. one is to ..... the claim was filed by the father and minor brothers of the deceased. brothers were held not entitled to the compensation because according to the hindu succession act, father would take precedence over the brothers in the category of legal representatives. the bench expressed its anguish in para 7:-we are distressed ..... the working life of the deceased and fatal accidents shortening the actual longevity of the deceased. to avoid these numerous calculations, another method is adopted and has become the standard one. it is to arrive at a figure which would represent the purchase of the dependency for a number of ..... as also because of recommendations of the various pay commissions. exh. pw 3/2 is a statement issued by the principal, govt. girls hr. section school, dhaka, delhi where the deceased was employed. she would have continued to remain in service up to 31.3.1998 which was the date ..... formal rules of procedure and evidence are not applicable to these proceedings. thereforee, this document can be taken into consideration by the court specially when it is produced on record by the appellant herself. the net result is that the appellant has also received family pension with effect from 21 .....

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May 14 1991 (HC)

Neena Manjula Vs. Sukhdev Singh and ors.

Court : Delhi

Decided on : May-14-1991

Reported in : II(1991)ACC419

..... it held in para 10, 'the dependence of the legal representatives of the deceased is called in this context dependency'. it means the measure of maintenance or support which the dependent received from the deceased. it may be calculated annually. two methods can be used to calculate it. one is to ..... the claim was filed by the father and minor brothers of the deceased. brothers were held not entitled to the compensation because according to the hindu succession act, father would take precedence over the brothers in the category of legal representatives. the bench expressed its anguish in para 7. we are distressed ..... the working life of the deceased and fatal accidents shortening the actual longevity of the deceased. to avoid these numerous calculations, another method is adopted and has become the standard one. it is to arrive at a figure which would represent the purchase of the dependency for a number of ..... increments as also because of recommendations of the various pay commissions. ex. pw/2 is a statement issued by the principal, govt. girls hr. sec. school, dhaka, delhi where the deceased was employed. she would have continued to remain in service up to 30.3.98 which was the date ..... formal rules of procedure and evidence are not applicable to these proceedings. thereforee, this document can be taken into consideration by the court especially when it is produced on record by the appellant herself. the net result is that the appellant has also received family pension with effect from 21 .....

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Sep 17 1991 (HC)

Ansal Properties and Industries Pvt. Ltd. Vs. Anand Nath and ors.

Court : Delhi

Decided on : Sep-17-1991

Reported in : ILR1992Delhi540

..... had undertaken to obtain authorisation from a competent court for transfer of the share of the minor. guardian has been defined in section 4(b) of the hindu minority and guardianship act, 1956 (hmg act for short). it says that 'guardian' means a person having the care of the person of a minor or of his ..... property till decision of the suit. the court found that in view of the respective stands taken by the parties, it was desirable to order the maintenance of status regarding the suit property. however it was observed, 'in case defendants i and 2 are able to secure a good offer for sale ..... and have carefully perused the evidence and other material on record. i would like to return my findings on various issues in the same sequence as adopted by the plaintiff in their written arguments for the sake of convenience. issue no. 1(19)the original plaint in this case is signed and ..... the landlord agrees to let to the tenant the whole or part of the premises when completed for the use of that person or any member of his family. the section actually prohibits the claiming of any un-lawful charges in respect of the tenanted premises either by the landlord or by the tenant ..... , 1933. on 18th march, 1971 the plaintiff (then known as ansal and sehgal properties p. ltd.) entered into an agreement with dr. raghunath regarding 27 kgm for construction of a cinema cum multi-storeyed super-structure thereon. a power of attorney and partnership agreement were also executed. under the aforesaid agreement the .....

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Sep 30 1991 (HC)

Pioneer Silk Mills Pvt. Ltd. and anr., Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-30-1991

Reported in : 1995(80)ELT507(Del); ILR1992Delhi433

..... rates at which it had to be taxed and the term 'assessment' was generally used for the actual procedure adopted in fixing the liability to pay the tax after determining the amount. the 'collection' part seemed to be ..... both khernka's case and shiv dutt rai fatch chand's case deal with section 9 of the central sales tax act, 1956 (for short 'the cst act') imposing penalties with reference to the state laws dealing with imposition of sales ..... charge. the learned judge distinguished the decision of the supreme court in associated cement company ltd. v. director of inspection : [1985]153itr322(sc) , where the subject-matter was interpretation of section 80 of the finance act, 1965, which used identical language to that in section 3(3) of the additional duties act. section 80 of the finance act. 1965, was as follows :- '(1)when ..... carrying on business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, ..... by legislative provision indicating the subject matter of the tax and the rates at which it has to be taxed....'(27) ranganathan, j. (in ujagar prints case) agreed with venkatachaliah, j., but said he would like to ..... charge thereof if there was contravention of the rules regarding maintenance of records, etc. this distinction, to our mind, does not appear to be based on any sound reasoning. the object of maintenance of records and for doing other acts .....

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