Court : Delhi
Decided on : May-05-1995
Reported in : AIR1996Delhi54; 59(1995)DLT635
..... to apply keeping in view the provisions of section 25 of the act and those of section 23 of the hindu adoptions and maintenance act, 1956. in dr. kulbhushan kunwar v. smt. raj kumari, : 2scr672 , the supreme court considered the question of quantum of maintenance to beawarded to the wife under sub-section (2) of section 23 of the hindu adoptions and maintenance act. the court approved the observations of the privy ..... s.a. in absentees of the wife without her submitting to its jurisdiction will not be valid and binding on a criminal court in proceedings for maintenance under section 488, criminal p. c. when it is found from the facts on record that the decree of divorce was obtained by fraud or by making a false representation as to a ..... a doctor. it is a matter of common knowledge that doctors in united states are quite well and effluent people. during course of present proceedings when the wife moved application for enhancement of interim maintenance he withdrew from the proceedings as otherwise he would have to tell the court his true income and assets. this, it would appear, he ..... dated 21 may, 1993 and again dismissed in default on 29 october, 1993. the appellant filed another application (cm. no. 795/93) for enhancement of interim maintenance amount. when this application for enhancement of maintenance had been pending, respondent,' however, withdrew from these proceedings. it was pointed out by mr. manmohan, learned counsel for the appellant, which was recorded on 18 .....Tag this Judgment!
Court : Delhi
Decided on : Oct-16-1995
Reported in : 1995IVAD(Delhi)486; 60(1995)DLT638
..... respondent in view of the fact that the respondent's husband is alive. the obligation to maintain, including provision of residence under section 18(1) of the hindu adoptions and maintenance act, is that of the husband during his life time.(7) counsel for the appellant, thereforee, submitted that in the instant case ..... element of animus possedendie. in the instant case, it would appear that the respondent had not asserted any exclusive possession except in june 1994, when according to the respondent the petitioners threatened to dispossess her. it was then that the suit for permanent injunction was filed. the respondent thereforee, ..... of the plea that even a trespasser was entitled to remain in possession, unless dispossessed or evicted in accordance with law. counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled ..... the joint family. the court while declining the relief of injunction, held that mere possession was not enough for issuance of an interim injunction when the factum of primafacie being in lawful possession, has got to be established. it was held that to claim an injunction or an interim ..... court held that the respondent had no legal right to the property in suit and she could not forcibly live with her parents-in-law, when the husband was living separately. the civil judge held that the respondent did not have a prima fade case and prayer for injunction was declined. .....Tag this Judgment!
Court : Delhi
Decided on : May-08-1995
Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307
..... the legislature that the wife and dependants are to remain without any financial assistance. after all the right of maintenance is prescribed by the hindu adoptions and maintenance act,1956 or the hindu marriage act,1955 and that right can be exercised by invoking the authorities under section 90 of the act also, in addition to resorting to a civil or revenue court or a revenue officer. that, in our ..... justification for the restriction so imposed by the latter part of note 22 on the powers under section 90(i). while it may he true, as stated in the earlier part of note 22 that when a decree/order is passed by a competent court for maintenance of the wife and children, the said court can because it cannot attach the salary of ..... together with a copy of the petition of the petitioner's wife dated 8.7.92. the notice asked the petitioner to show cause why 27.50% of his pay and allowances should not be deducted towards maintenance of his wife and child. petitioner sent an elaborate reply dated 3.10.92 also stating that the wife has other independent income and ..... at the stage no decree/order is passed. the power to deduct can he exercised not only when there is a decree/order but it can also be exercised when there is no such decree/order. this is clearly because of the legislative policy behind section 90. as stated above, it is not difficult to imagine that in several cases the wife and .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-1995
Reported in : 59(1995)DLT672
..... major on 16.2.1992 and 18.9.1994 respectively. thereforee, in view of the provisions of sub-section (2) section 22 of the hindu adoptions and maintenance act, 1956 plaintiff no. 1 vishal and plaintiff no. 2 rohit are entitled to get the maintenance, including interim maintenance awarded under section 151 of the code of civil procedure only up to the respective dates of 15.2.1992 and ..... cannot be taken as the sole guide for determining it in proceedings such as the present one.'that was also a case for considering the claim of interim maintenance under section 24 of the hindu marriage act, 1955. (7) the petitioners' guardian and next friend has produced two statements of account which show that the sale proceed of m/s. sethi enterprises for ..... no. 2. the consent terms nowhere mention that on account of the payment of rs. 2.50 lakhs the respondent would not be liable to pay anything towards the maintenance of the children. in that proceeding, besides the matrimonial dispute between husband and wife there was also dispute regarding the wife's property. there was no question regarding the determination ..... has also to maintain his own parents, his second wife and a child and, thereforee, in these circumstances, he cannot afford to pay any maintenance. thereforee, in these circumstances, this interim application should be rejected. (4) when this application came up for hearing before me, neither the respondent nor his counsel were present. i heard the learned counsel for the petitioners, .....Tag this Judgment!
Court : Delhi
Decided on : Oct-01-1995
Reported in : 1995IVAD(Delhi)557; 60(1995)DLT666; I(1996)DMC422; 1995(35)DRJ423
..... not yet filed, pending disposal of respondent's application seeking better particulars. (iii)the petitioner has also moved an application under section 24 of hindu marriage act for grant of maintenance for her as well as that for the minor child. the petitioner claimed a monthly sum of rs.1,60,000.00 ..... maze of inflated egos, personal prejudices and dissensions, the considerations of well being of the minor recede into background. this happens while both the parties adopt righteous postures of being solely guided by consideration of welfare of the child. the duty i.e cast on the court while considering matters relating ..... or education of the minor children is to secure the paramount welfare of the minor. the court while examining the decision taken by the parent charged with custody, ordinarily should not interfere with it unless the decision taken is against the interest of the minor, and is taken mala fide or ..... judge vide the impugned order allowed the application of the respondent for reasons summarised as under. the child was admitted to the american embassy school, when both the parties were living together and thereforee evidently with the consent of both the parties. the petitioner did not take any steps for change ..... facts:- (i)the petitioner radhika vickram tikkoo, daughter of shri arun nehru, was married to respondent vickram tikkoo, son of shri ravi nandan tikkoo on 27-10-1988. from the marriage, vickram tikkoo, junior i.e. the minor child was born in u.s.a on 29-4-1990, (now .....Tag this Judgment!
Court : Delhi
Decided on : Apr-01-1995
Reported in : 1995(33)DRJ465
..... rule of primogeniture was not applicable, had at any time partitioned out or abandoned their rights and how all those heirs have been receiving only maintenance allowance. it is pointed out that maharaja jagatjit singh had left behind three surviving sons and other close relations and in case the inheritance was ..... 1 to refer to instances or transactions pertaining to prevalence of rule of primogeniture to other hindu rulers which finding is not in consonance with the provisions of section 13 of the indian evidence act and rather that section has not even been referred to in the judgment. under order vi rule 2 of ..... it was held at page 596 that it would appear that invariably the rule of lineal male primogeniture coupled with the custom of adopting a son prevailed in the case of hindu rulers who composed of the bulk of this body. the judgment delivered by the supreme court, after the judgment was given ..... the review application can proceed which have been dealt with in a judgment given in maji mohan v. state of rajasthan, . the first stage is when the review application is filed and is taken up for hearing by the court concerned and at that stage, after hearing the applicant the court has ..... -25 clearly show that ruling family of kapurthala follows primogeniture and the words 'heir apparent' also appear in such administration reports exs.x-26 and x-27 and in this connection, the statement of mohan lal puri dw4, who was chief secretary of kapurthala state, has been also overlooked. (26) it .....Tag this Judgment!
Court : Delhi
Decided on : Feb-16-1995
Reported in : AIR1996Delhi14; 58(1995)DLT130; 1995(34)DRJ1
..... plaintiff that the reason for impartibility is not the custom but the covenant alleged to be providing for impartibility by accepting the custom. the custom is overridden by section 4 of the hindu succession act, 1956. the impartibility attributable by virtue of the covenant stands obliterated by the omission of articles 291 and 362 and the abolition of rulership and privy purse. this ..... india, the law of succession relating to primogeniture continue until it wasrepealed. this was repealed on coming into force of the hindu succession act, 1956. but the hindu succession act itself under section 5 made a special provision exempting the application of the act from 'any estate which descends to a single heir by terms of any covenant or agreement entered into by the ruler ..... 2) the right to restrain alienations by the headof the family except for necessity; (3) the rightof maintenance; and (4) the right of survivorship. it is obvious from the nature of asovereign estate that there can be no interestby birth or adoption in such estate and theserights which are necessary consequence ofcommunity of interest cannot exist. the chiefof a sovereign estate ..... one else can claim an interest in the estate. such an interest would be inconsistent with his sovereignty. to grant that the sons acquire an interest by birth or adoption in the estate which is a consequence arising under the municipal law would be to the municipal law.'(sic) the learned censes appearing for the plaintiff contended that an .....Tag this Judgment!
Court : Delhi
Decided on : Jan-01-1995
Reported in : 1995(32)DRJ231
..... election commissioner, national capital territory of delhi and the petition is resisted. in so far as the notification dated 31 december 1993, issued under proviso to sub-section (1) of section 7e of the act for adopting the electoral rolls of the assembly constituencies for holding the general elections to mcd, is concerned, it is stated that earlier also a writ petition challenging the ..... . mr. chaudhry has been at pains to suggest that there is no difficulty in evolving a correct principle for the purpose either with reference to the polling station number or charge number and block number as given in the census book. mr. chaudhry has also submitted that there is no need for division of 134 wards in five groups as was ..... of reservation of seats, it is not for this court to go into the minute details of the manner oi reservation particularly when the court is neither conceived with any statutory formula which had to be applied to test the correctness of the method adopted nor any precise fool proof mathematical formula can be spelt out for the said purpose. the method ..... interest particularly when the grievance of the petitioners about the reservation of both the wards in some assembly constituencies has been redressed. (10) in order to appreciate the rival contentions it would be appropriate at this stage to notice relevant provisions of the act on the basis whereof arguments have been addressed for and against the impugned notification. these are sections 3 and .....Tag this Judgment!
Court : Delhi
Decided on : Mar-10-1995
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; 92CompCas849(Delhi)
..... of the application. (h) 'financial institution' means- (i) a public financial institution within the meaning of section 4a of the companies act, 1956(1 of 1956); (ii) such other institution as the central government may, having regard to its business activity and the ..... charitable or benevolent objects or for any exhibition or for any public, general or useful object; (k) the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purpose of the company; (l) selling, improving, managing ..... by their prescribed rules of procedure and they deal with questions of fact and law raised before them by adopting a process which is described as judicial process. the powers which these courts exercise, are judicial powers, the ..... , and the third defendant makes a claim against the bank for rs. 'y' on account of transportation charges, demurrage/storage charges. the transporter also raises its counter-claim against defendants 1 and 2. various defenses are raised by defendants ..... however, power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate.19. under section 27, the tribunal has power to stay recovery of any amount and grant time for payment of the amount and ..... principles of state policy. this command of the constitution must be ever present in the minds of judges when interpreting statutes which concern themselves directly or indirectly with matters set out in the directive principles of state policy .....Tag this Judgment!
Court : Delhi
Decided on : Apr-21-1995
Reported in : AIR1995Delhi300; 1995(34)DRJ109
..... validity and nothing more. this presumption is not an unrepeatable one & can be displaced. besides section 31 is not immune to the over-riding effect of section 27(2). placing reliance on section 28(3) of the act the i warned counsel for the appellant contended that when two registered proprietors of identical or near similar trade marks cannot be deemed to have acquired exclusive ..... first respondent. the appellants want to reap the benefit of the reputation and goodwill acquired by the first respondent by using the trade mark 'whirlpool' on their product. the adoption of the mark by the appellants is not honest and bonafide. the learned single judge having passed the ad interim order after properly considering the rival claims of both the ..... not depend upon its availability in a particular country.' (23) extra territorial reputation of a mark was also recognised in the matter of vitamins ld's application for trade mark, 1956 r.p.c. 1. in that case the respondent applied for registration of mark 'pabalate' in respect of pharmaceutical substance. this was opposed by the appellant, an american corporation, ..... mark whirlpool. it has, directly or through vs subsidiaries, more than 2000 trade mark registrations all over the world. in india its trade mark 'whirlpool' was registered on february 22, 1956 in respect of clothes dryers, washers, dishwashers, vacuum. cleaners, air- conditioners, dehumidifers, freezers etc. in classes 7,9 and 11. the registralions were renewed up to the year 1977 .....Tag this Judgment!