Court : Delhi
Decided on : Oct-17-1996
Reported in : I(1997)DMC149
..... business and share of income from property. we have already referred to the evidence in this behalf.20. under the hindu adoptions and maintenance act, maintenance as defined in sub-clause (b) of section 3 includes provision for food, clothing, residence, education and medical attendance and treatment so far as wife is concerned. ..... air1996sc172 . in that case, it was mentioned that any property given to a wife towards residence for life will become absolute under section 14(1) of the hindu succession act, 1956. maintenance necessarily must encompass a provision for residence. if life interest is given to the wife in a property towards her residence, that right ..... from lajpat nagar property, the gross receipts are rs. 21,800/-and after making allowance for municipal taxes, 1/6th towards repair and collection charges and share of other co-owners, the income in the hand of the defendant is shown as rs. 2,453/-. similarly, gross receipts from ..... rs. 10 lakhs in three installments to enable the wife to construct a residential house.31. so far as this direction is concerned, when cash provision is adequately made for the wife and daughter, we do not think that there is any need for making allotment of a plot ..... accruing on rent account, except what can be inferred from tax return.26. the defendant had disclosed fixed deposits of rs. 2.6 lakhs.27. from the foregoing it would appear that total reliance on the income tax assessment may not be reflective of the actual position and, accordingly, .....Tag this Judgment!
Court : Delhi
Decided on : Sep-02-1996
Reported in : 1996IVAD(Delhi)588; 1997CriLJ522; 64(1996)DLT22; 1996(38)DRJ737
..... the hon'ble supreme court in lakshmi kant pandey v. union of india. 3. grant of certificates under the provisions of the hindu adoption & maintenance act, 1956. 4. cases under the lunancy act. 5. wakf board cases under the wakf act. 6. cases under the trust act. 7. disposal of transfer applications under the civil procedure code and the criminal procedure code. 8. allocation of civil & criminal cases to different courts.' ..... established at the patiala house, new delhi and karkardoma, delhi and senior addl. sessions judges have been made in charge of the respective court complexes. without recourse to sub-section (3) of section 10 it is not even possible to permit the judges in charge of the patiala house courts and the karkardoma courts to deal with the bail applications. 26. in crl.m ..... right to even approach the court with prayer for bail strikes at the very root of the concept of rule of law and is negation of the constitutional guarantee. 4. when one of such petition came up before another learned single judge of this court, he took the view that the code does not contain any provision which confines the power ..... the situation where the office of sessions judge is not vacant. the sessions judge is functioning. the question has, arisen in the context of the sessions judge being in office. 27. before concluding, we may note that following considerations had weighed with the learned single judge in directing that only the sessions judge should bear the bail applications - 1. to avoid .....Tag this Judgment!
Court : Delhi
Decided on : Apr-18-1996
Reported in : 1996RLR335
..... s.n. kapoor, j. (1) in this revision petition, a short question which needs consideration is whether a 'son' includes a 'step-son' within the meaning of section 15 of hindu succession act. (2) first, the facts father of the plaintiff/petitioner lachhman prasad married twice during his lifetime. the petitioner and his brother mahender prakash were born out of marriage of lachman ..... hasmukh wati, rattan prakash and mahender prakash and each was given one-third share by virtue of an award given by shri bhagwan dass, advocate. in the award, provision for maintenance and education etc, of the respondent bela, minor daughter of the deceased lachhman prasad was also made by allotting 900 shares of dcm to her. hasmukh wati was awarded life ..... in clause (b) thereof.' (6) the learned trial judge also relied upon two judgments munda vs. premnath air 1980 calcutta 234 and ved prakash vs. . . air 1974 punjab & haryana 512 when he rejected the contention of the revision petitioner. (7) in view of the above discussion, i feel that this court should not interfere in the impugned order passed by learned ..... by the same husband or by different husbands including alleviate sons too in view of s. 3(i) of the act and (ii) adopted sons who are deemed to be sons for purposes of inheritance. children of any predeceased son or adopted son also fall within the meaning of the expression sons. if parliament had felt that the word sons should include stepsons .....Tag this Judgment!
Court : Delhi
Decided on : Aug-14-1996
Reported in : 1996IVAD(Delhi)507; 66(1997)DLT660; 1996(39)DRJ609
..... society since 1960. he has made payment to the society towards admission fee, share money and development charges well in time. he filed a case under section 60 of the delhi cooperative societies act claiming allotment of a plot on the basis of his seniority. the society had admitted his claim ..... application shall be signed by the secretary or any other person authorised by the managing committee. 3. that the managing committee of the society shall adopt the model bye-laws as framed by the registrar cooperative societies, delhi for the housing society and signed and authenticated by the secretary or any ..... or undertaking or as corporation - a government company or public company or a private company under the companies act, 1956, or in the form of a society registered under the societies registration act or any other form constituted under a similar statute or a body or a person performing the functions of ..... the petitioner chetan dass. the society went in appeal to delhi cooperative tribunal. the appeal was dismissed vide its order dt. 4th may, 1988. when the society failed to take immediate, action; letters were sent by the office of the registrar. on 10th july, 1989, the society intimated that ..... become amenable to the writ jurisidiction of this court at least under article 226 if not under article 32 read with article 12 of the constitution. (27) since maneka gandhi vs . union of india, : 2scr621 , right to life and personal liberty has gained ever expanding meaning and right .....Tag this Judgment!
Court : Delhi
Decided on : Nov-05-1996
Reported in : 1996VAD(Delhi)429; 66(1997)DLT278
..... the notice dated november 1, 1975 nor they took the said plea as one of the grounds of appeal when they preferred the same before the additional district magistrate under section 84 of the act against the resolution no. 64 dated december 9, 1975 passed by the respondent regarding the assessment year 1972- ..... have cleared the, house tax for the year 1972-73. the petitioner were served with a notice dated november 1, 1975 under section 67 of the punjab municipal act ('the act' for short), for the amendment of the annual value of the premises referred to above for the period april 1, 1972 to ..... district magistrate are without jurisdiction contrary to law inasmuch as the respondent had no jurisdiction or power to amend the assessment list retrospectively under section 67 of the act in view of the law laid down by full bench of this court as reported in life insurance corporation v. new delhi municipal ..... controversy, it is not only competent but perhaps expedient in the interests of justice to entertain the plea. but the expediency of adopting this course is clearly doubtful when the plea cannot be satisfactorily disposed of without deciding nice question of facts. indeed such a course should never be followed unless ..... the notice (vide para 9j of the petition). the petitioner in this connection have relied on a full bench judgment and order of this court dated march 27, 1993 in c.w.p. no. 445/68, (8), life insurance corporation v. new delhi municipal committee (1973) 11 del 112. however, .....Tag this Judgment!
Court : Delhi
Decided on : May-01-1996
Reported in : 62(1996)DLT525; 1996(37)DRJ401; (1996)113PLR63
..... result of which they separated. since about october, 1993 parties are living separately. in november, 1993 the parties filed a petition under section 13(1)(b) of the hindu marriage act for dissolution of marriage by mutual consent by a decree of divorce. the statement of the parties was recorded by the court on november ..... to maintain themselves, the court may in a given circumstance consider the expenses to be incurred on the maintenance of brother or sister by the opposite party. after all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like s.24 of ..... month are payable extra. in my opinion, the amount claimed towards school fee and transportation charges of both the petitioners 2 and 3 is reasonable. petitioners 2 and 3 are also entitled to the grant of maintenance not only for purposes of expenses of food but also for dress and other clothes. in ..... also owns a maruti car having registration no.dda-1890. and whereas there are certain movable properties including gold, pledged to bank redeemable on payment of rs.27,000.00 along with interest, diamond ear rings, music system, one luna moped, a teak wood cuisine, one credenza, various books, one sony television, ..... . petitioner has placed on record the circular of the school demanding fee from students. as per this circular besides the annual charges of rs.l,000.00 each student is liable to pay a sum of rs.3,000.00 towards tuition fee and food .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-1996
Reported in : 62(1996)DLT313
..... land management published by d.d.a. on 27.1.1992. (22) the learned counsel relied upon chauthmal v. the state of rajasthan and others, . in that case nazul land is defined under section 3(i)(b)of the rajasthan land revenue act, 1956. it is defined as 'means abadi land within ..... mr. justice r.c. lahoti speaking for the division bench observed as under :- 'we have grave doubts if the respondents were justified in adopting the policy of issuing transfer certificates or giving promotions to higher class as an exception merely on 'humanitarian consideration' inspire of the performance of the ..... .out of turn demolition action can be taken, where deemed necessary, after obtaining specific order from the addl. d.c./zonal assistant commissioner in charge of the zone. 5.daily demolition programme of the zone will be specifically prescribed by the addl. d.c./zonal assistant commissioner/zonal engineer ( ..... and the law in the present case would be the hindu law. whatever force such a contention might otherwise have had appears to their lordships to be removed by the act to which their attention was called. act no.xvofl895 (the crown grants' act, 1895). that actrecites, amongst other things, that doubts ..... delhi development act, 1957 certain lands vested in central govt. on urbanisation of specified villages for the purpose of development and maintenance as green subject to the condition that the dda shall not make or cause or permit to be made any construction on these lands and shall when required by .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-1996
Reported in : 63(1996)DLT971; 1997(40)DRJ441
..... municipal laws of many maritime stales, india, as slated above, lags behind them in adopting these unified rules ( see, for example the brussels conventions listed above; see also the administration of justice act 1956 and the supreme court act, 1981 in corporating the international rules into english law). by reason of this void, ..... time being, or (c) the cause of action wholly or in part arises;(15) the merchant shipping act 1958 ( act 44 of 1958) is an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose ..... , such person being so taken to sea and shall also be guilty of an offence under this sub-section. (4) when any owner, or master or agent is convicted of an offence under sub-section (3), the convicting magistrate may inquire into and determine the amount payable on account of expenses by such ..... be opened by defendant no. i in favor of the plaintiff. the plaintiff- stc was to get us $ 4 per mt as its service charges to be deducted by the negotiating bank from the bills presented for negotiation under the l/c the plaintiff was to get a further us $ 4 ..... court exercising inherent and plenary jurisdiction; the only limitation being it should not come in conflict with any other provision of law to the contrary. (27) in appropriate case the writ of the court can run even beyond its territorial jurisdiction. to illustrate a power to direct arrest or attachment before .....Tag this Judgment!