Court : Delhi
Decided on : Sep-27-2002
Reported in : 100(2002)DLT682; I(2003)DMC139
..... ' proceedings. when this fact was brought to the notice of this court, this court passed an order dated 9th march, 2000 and asked the defendant for recording of the statement under order x of the cpc. on his failure to appear defense was struck out and contempt proceedings were initiated.13. section 18 of the hindu adoption and maintenance act, 1956 entitles the hindu wife to ..... be maintained by her husband during her life time. according to this provision a hindu wife does not forfeit her claim to maintenance even if she is living separately from her husband. she is entitled to live separately ..... habitually resides with a concubine elsewhere; (f) if he has ceased to be a hindu by conversion to another religion; (g) if there is another cause justifying living separately.'14. sub-section (3) of section 18 provides that the hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste immoral or ceases to be a ..... away from the defendant on her own and voluntarily part from leading anunchaste life and these facts disentitles the plaintiff to claim any relief under the provisions of section 18 of the act.27. i am afraid none of the aforesaid contentions holds water particularly in view of the circumstance of defense of the defendant having been struck out the consequence .....Tag this Judgment!
Court : Delhi
Decided on : Apr-22-2002
Reported in : AIR2002Delhi373; 98(2002)DLT41; II(2002)DMC131; 2002(62)DRJ758
..... an additional district judge dated 24.2.1997 whereby he has dismissed an application of the petitioner filed for grant of interim maintenance to her during the pendency of proceeding instituted under sections 18, 20 and 23 of hindu adoption and maintenance act (hereinafter the act) against the respondent.2. the short question that arises for adjudication in this revision petition is whether the petitioner, the ..... further held that interim maintenance can be granted to a wife even where the matrimonial relationship was denied by the husband.12. in c. obula (supra) andhra pradesh high court was dealing with a case of a hindu wife whose marriage was solemnised before the act came into force in 1956 and it was held that the words 'hindu wife' under section 18 cannot be ..... time of the marriage. the marriage on contravention of this condition was, thereforee, null and void. such a marriage could be declared null and void under section 11 of the hindu marriage act. no doubt when the petitioner was married to the respondent on 14.10.1988 the marriage of the respondent with his first wife ms. manju khullar had been dissolved by ..... interpreted to mean only a wife whose marriage was valid according to the provision of hindu marriage act and that a hindu wife whose marriage was solemnized before the 'act' came into force will be .....Tag this Judgment!
Court : Delhi
Decided on : Aug-26-2002
Reported in : 2002(64)DRJ747
..... could not be any dispute about the fact that the orissa case related to agricultural land ceiling.8. under section 21 of the hindu adoption and maintenance act, the term 'dependant' would include the widowed daughter subject to the condition that she is unable to obtain maintenance from the estate of her husband, her son or daughter or her father-in-law or his father or ..... dependant even under the extended meaning of the term 'dependant' by including divorced daughter under section 21(iv) of the hindu adoption and maintenance act. i had to refer to the terms 'family' and 'dependant' in view of the term 'family' used in section 2(1) of the delhi rent control act to find out the meaning of the member of family. this was essential further on ..... of his heirs ; (c) 'urban area' has the same meaning as in the delhi municipal corporation act, 1957 (66 of 1957) 10. while section 21 of the adoption and maintenance act refers to daughter, and widowed daughter, sub-clause (b) of sub-clause (iii) of clause (1) of section 2 does not keep even that distinction. consequently, separated or divorced daughter would be included in the ..... independently. 3. on the other hand it is argued that the respondent did not remain a family member after her marriage. she had already surrendered her rights in the property when the rent was paid only by bakul rani das or by the appellant on her behalf. she did not have any independent right to stay in the premises.4. i .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2002
Reported in : 2002IIIAD(Delhi)88; 97(2002)DLT168; I(2002)DMC652
..... question with regard to the maintenance of wife under the provisions of hindu adoption and maintenance act, 1956 and held as under:--'(1) even if the wife received some amounts from her father regularly it was only a bounty and not here income. thereforee it could not be taken into account under section 23(2) of the act in determining the amount of maintenance. (2) there was no ..... 1. this revision petition is directed against the order of the learned additional district judge, delhi dated 19.9.1996 by which an application moved by the petitioner-wife under section 24 of the hindu marriage act (hereinafter referred to as the act) seeking interim maintenance and litigation expenses, has been disposed of allowing litigation expenses of rs. 2500/- but refusing the grant of ..... of the matrimonial proceedings. the words 'has no independent income sufficient for her or his support' used in section 24 of the act are quite significant and bring out the mind of legislation that while considering the question of granting or refusing maintenance pendente lite, the court is to restrict the enquiry as to the source of independent income of the applicant ..... evidence of here inheriting any property of her father on his death. (3) the amount payable by way of maintenance depends on the facts of each case and the judicial committee, in mt. .....Tag this Judgment!
Court : Delhi
Decided on : Jan-18-2002
Reported in : 2002IIIAD(Delhi)465; 2002(63)DRJ792
..... this power must be kept in severely judicious leash.many rulings of the high courts, pro and con, were cited before us to show that an award under section 10-a of the act is insulated from interference under article 226 but we respectfully agree with the observations of gajendragadkar, j. (as the then was) in engineering mazdoor sabha, : (1962)iillj760sc which ..... is a public law remedy. in rohtas industries ltd. v. rohtas industries staff union, : (1976)illj274sc it was submitted before the constitution bench that an award under section 10-a of the industrial disputes act, 1947 savours of a private arbitration and was not amenable to correction under article 226 of the constitution. the court said as under (at p. 429 of ..... may be made therein under article 372 apply for the interpretation of the constitution as it applies for the interpretation of an act of the legislature of the dominion of india. 'person' under section 2(42) of the general clauses act shall include any company, or association or body of individuals, whether incorporated or not. constitution is not a statute. it is a ..... fountain head of all the statutes. when the language of article 226 is clear, we cannot put shackles on the high courts to limit .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-04-2002
Reported in : (2002)(81)ECC606
..... trade and different class of buyers. this is a well accepted concept. once the learned commissioner has accepted that the relationship has not influenced the price and the pricing methodology adopted by the exporters is reasonable, it is not open to the commissioner to further contend that the price of the components for the original equipment manufacturing (assembly) market and spare ..... that the transaction value has not been affected by the relationship between the parties.under these circumstances there is no justification for adopting the transaction value in respect of supply for assembly.7. it is not in dispute that the parties are related in terms of the provisions contained under explanation ii ..... distributor reselling to local distributors." 6. learned departmental representative on the other hand would contend that this is not a case where the commissioner (appeals) has accepted the method adopted by the supplier to arrive at the deductive value of the goods imported. he submits that it is not correct to contend that the appellate authority has accepted the position ..... .in commissioner of central excise & customs v. hodak engineering pvt.ltd., 2001 (127) e.l.t. 720 the facts are similar even though the proceedings are under central excise act, 1944. the respondent is engaged in the manufacture of vibration dampers, a component of motor vehicles and sold it to kirloskar cummins ltd. one of the prices was for supply .....Tag this Judgment!
Court : Delhi
Decided on : Oct-30-2002
Reported in : 2003(26)PTC60(Del)
..... the trade mark mars has been used in conjunction with the food items and secondly that they have not complied with the requirements of companies act, 1956 of having a name board with the corporate name and registered office address at the registered office and also by filing annual returns etc.19 ..... proprietor of trademark mars as the plaintiff company bearing the mark 'mars' was established way back in 1911 in usa though it adopted the trademark mars in 1923 when mars milky way bar was launched in usa. since then it has extended its operation to all major countries around the world. ..... through extensive advertisements and quality of its goods. its trade mark mars has its own distinctiveness, being arbitrary and fanciful when applied to foodstuffs and confectionery items. the very adoption of the trade mark mars by the defendants shows the intention and designs to misrepresent the public and create confusion ..... latter is found to have either infringed the trademark of the plaintiff directly or by way of passing off. for instance section 28 of the trade and merchandise marks act, 1958, protects the rights against infringement of a trademark of registered proprietor of the trademark with relation to the goods in ..... is sought to be infringed has a remedy to forestall the defendant from adopting its name or from opening up of the business under the plaintiff's trade name. the answer in any eventuality is in affirmative.27. the plaintiff has the same degree of right to protect its trade name .....Tag this Judgment!
Court : Delhi
Decided on : Mar-22-2002
Reported in : 2002VIIAD(Delhi)432; 98(2002)DLT234
..... of almost all the stock exchanges with which we are concerned.'44. in terms of the provisions contained in section 30 of the securities contracts (regulation) act, 1956, a regulation known as the securities contracts (regulation) rules, 1957 was framed. the companies (issue of share ..... carries on business and it does not enjoy any monopoly status. no formal legal compulsion exists also for the purpose of maintenance of monopoly. the management of the appellant is vested in the board of directors who are 17 in number consisting ..... efficiency of the fundamental rights, for in that event the government would be enabled to over-ride the fundamental rights by adopting the stratagem of carrying out its functions through the instrumentality or agency of a corporation, while retaining control over it. ..... in full of the principal and payment of interest thereon or on the security of mortgages, charges or hypothecations etc. under section 9 of the bank act, the state government constitutes a guarantee fund on such terms and conditions as it may deem ..... otherwise. a writ may lie against a public functionary in relation to a discharge of public of public function but not when the relief sought for in the writ petition arises out of a contract.(3) in any event, no writ petition ..... kumar v. p. srinivasan, : air1995kant420 , satish nayak v. cochin stock exchange ltd., air 1975 ker 373 (paras 25, 26 and 27) and a. vaidyanathan v. union of india, 1998 wl.r. 705 : air 1999 mad 11.(4) in any view of the matter .....Tag this Judgment!
Court : Delhi
Decided on : May-10-2002
Reported in : AIR2003Delhi236; 2002(25)PTC511(Del)
..... agreement dated 7.9.1983 was without consideration. read in the manner, plaintiff would also make this agreement against public policy and in violation of the section 23 as also section 27 of the contract act. it is clause-4 which was required to make clause-1 operative otherwise it was understood that clause-1 would not operate unless the parties were able ..... upon various other terms and conditions on which each book in which copyright is given by such specific agreement is to be printed, published and sold. the parties had adopted this course of action for number of years. thereforee, there may be some force in the argument of the defendants that parties contemplated separate agreements whereby detailed terms and ..... to the context, include its successors) of the one part and prentice-hall of india private limited, a company with limited liability incorporated under the provisions of the indian companies act, 1956 and having its registered office at m-97, aggarwal buildings, connaught circus, new delhi-1, (hereinafter referred to as 'the publisher' which expression shall, unless repugnant to the context, ..... this agreement the plaintiff has been reprinting, translating and importing the books of the defendant no.1 into india and selling the same. this arrangement continued smoothly till 1997 when there was change inthe ownership of the defendant no.1 company by simon and schuster international. it may not be necessary to state in detail the various discussions and correspondence .....Tag this Judgment!
Court : Delhi
Decided on : May-03-2002
Reported in : AIR2002Delhi440
..... was held by the bar council of india that full time law teachers were enrolled as advocates by misinterpreting the rules made by the central government under section 49a of the advocates act, 1961. by adopting the aforesaid resolution no. 108 of 1996 by bar council of india has tried to rectify the mistake by removing the names of such persons who are ..... any educational institution which is affiliated to a university within the meaning of the university grants commission act, 1956 (3 of 1956), so long as the hours during which he is so engaged in the teaching of law do not exceed three hours in a day. (2) when any advocate is employed in any such educational institution for the teaching of law, such employment ..... will set a very healthy precedent if the university of delhi acts in all such matters in close co-operation with bodies concerned with the maintenance of standards in such professions as law, medicine and management'. 32. reference was also made to the provisions of section 33-a of the advocates act which was brought in by way of an amendment suggested by the ..... the memorandum issued by the university grants commission. such provisions are also required to be referred to and extracted. 27. the university of delhi has been created by an act of parliament called the delhi university act, 1922. under the provisions of the said act, delhi university authorities are empowered to make statutes and ordinances, which shall have force of law. clause 5 of .....Tag this Judgment!