Court : Delhi
Decided on : May-16-2003
Reported in : 2003VAD(Delhi)302; 105(2003)DLT70; 2003(69)DRJ262
..... 682/- or so and, thereforee, was not in the need of any support or maintenance, specially, when she had been provided with chauffeur driven car with fuel and accommodation.8. the objection that a separate application should have been filed under section 20 of the hindu adoption and maintenance act and the present application was not maintainable, is without merit. the relief for which ..... provision is made by section 20 of the hindu adoption and maintenance act can be sought by the ..... 3 and 7. mr.sethi submits that the present application, seeking maintenance is not maintainable. the suit, as filed, was a suit for partition and not one for maintenance. it was open to the plaintiff to seek substantive relief by filing a petition for maintenance under the hindu adoption and maintenance act. mr.sethi further submitted that the properties in possession of the ..... mother and is bound to maintain whether or not he has inherited his father's estate. while it is true that the obligation under sub-section 3 of section 20 of the hindu maintenance and adoption act arises when the parent or unmarried daughter is unable to maintain herself out of her own earnings. in the instant case, i am of the view .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2003
Reported in : 2003IIAD(Delhi)14; 102(2003)DLT822; I(2003)DMC443; 2003(67)DRJ58
..... that she was compelled to leave matrimonial home on 27.8.2002 and that her husband had ..... the defendant appears to have committed contempt of this court. when the matter came up for hearing on 18th august, 1999 notice, simplicitor, was issued to the defendant. it will be relevant to mention that the present suit is for the grant of maintenance under section 18 of the hindu adoption and maintenance act and that, through a string of judgments of this court ..... matrimonial home. lacking necessary financial resources, and other support, she was compelled to return to india. she filed an action in the high court of delhi, for maintenance under the hindu adoptions & maintenance act, 1956, in the course of which the following orders were passed on 5.11.1999.' i.a. 10872/99 in s. no. 1966/99 arguments in this case ..... rites and ceremonies. thereforee, it is the hindu marriage act which would govern all disputes between them pertaining to their marriage, division of properties and maintenance. where a divorce is not prayed for, maintenance can be granted by the court in terms of the hindu adoption & maintenance act. the spouses departed for the united states of america on 27.3.2002. the plaintiff (wife) has alleged .....Tag this Judgment!
Court : Delhi
Decided on : Aug-08-2003
Reported in : 2003VIIIAD(Delhi)13; AIR2004Delhi158; 107(2003)DLT309; 2003(71)DRJ122
..... at what rate and for what period?(7) relief5. one more additional issue was framed on 27.7.1995 which has been recasted as under :'whether the suit is barred by section 18 of the hindu adoption and maintenance act, as alleged by the defendant?' 3. the trial court by its judgment and order dated 26 ..... the plaintiff also accused the defendant no. 1 of having affairs with his own young brother. the defendant no. 1 also filed an application for maintenance against the plaintiff. the plaintiff filed a petition for dissolution of of the marriage. it is further alleged that the plaintiff occasionally gets fits of ..... defendants are sons and daughter and daughter-in-law of the plaintiff. the defendant no.1 under the provisions of law has a right of maintenance, residence clothes and all necessities from the husband of the defendant and the defendants have a right to stay in the suit property. the ..... lying vacant. it is admitted that the relations between the parties were strained. it is stated that the relations between the parties were patched up when the defendants entered the suit property, collusion between the defendants and police is denied. the defendants have legal right to stay in the property. the ..... been residing in kingsway camp for last fourteen years and there is no reconciliation between the parties. it is alleged that on 18.3.1979 when the plaintiff went to his property in suit along with the prospective tenant, he found the lock of the property and the defendant stealthily entered .....Tag this Judgment!
Court : Delhi
Decided on : Jan-21-2003
Reported in : 2003IAD(Delhi)829; 102(2003)DLT864; 2003(66)DRJ664
..... . learned counsel for the appellants at this stage submits that the execution of the proceedings may be stayed till the appellants file petition under section 18 of the hindu adoption and maintenance act (in short 'the act'). in view of the peculiar circumstances of the case, i think that this court should accept this prayer and should give the appellants two months' time to move appropriate ..... the expiry of limitation can constitute sufficient cause though there might be events or circumstances subsequent to the expiry of limitation which may further delay the filing of the appeal when the limitation has arisen. 6. on the other hand the appellant relies on puran singh vs . jagtar singh . a learned single judge of that court took the view that no ..... file an appeal though this is an enabling provision. it is submitted that this enabling provision does not override the right of a party to prefer an appeal as and when decree is drawn up. it is contended that this has to be seen in the light of the legal provision enunciated in jyotsna holding pvt. ltd. vs . union of india ..... , 2001 after one month and five days of above application the petitioner filed the present appeal immediately after obtaining the summons of the executing court on 3rd september, 2001 and when there application for preparing decree sheet before the adj was dismissed on 28th september, 2001. on 5th november, 2001 the decree sheet was prepared but the petitioner had not obtained .....Tag this Judgment!
Court : Delhi
Decided on : Feb-07-2003
Reported in : 2003IIAD(Delhi)252; AIR2003Delhi446; 103(2003)DLT165; I(2003)DMC458; 2003(67)DRJ297; 2003RLR229
..... another v. gangaram & another, (1988) 1 scc 537 went to the extent of extending the protection of section 125 cr.p.c. to the wife and child of a bigamous marriage. welfare legislations such as the hindu adoption & maintenance act should not be stultified on technicalities.6. in geeta saha v. nct of delhi (db), 1999(1) jcc ..... 1985crilj528 are almost on all fours with the present case. the hon'ble supreme court opined that even an illegitimate minor child has the right to maintenance albeit under section 125 of the cr.p.c. i see no reason why the situation should change to the detriment of the minor in civil suits. the apex ..... legitimacy of the child was presumed and to subject a wife to a dna test to establish paternity would tantamount to needlessly outraging her modesty. even when paragraph 26 is considered it would be apparent that the first factor has been qualified and fettered by the succeeding three factors. thereforee, to construe the ..... no.2 is on record and it declares the defendant as the father. the registration of this birth has taken place as far back as on 27.7.2000. so far as the denials contained in the reply to the petition are concerned this is as far as the controversy extends. 2. ..... at gurudwara hemkunt saheb. the husband, shri gurpreet singh bedi defendant no.1 and plaintiff no.1 are stated to have come back to delhi on 27.9.1999 and to have started residing together at ag-557-d, shalimar bagh, new delhi. the defendant has denied that any marriage has taken place .....Tag this Judgment!
Court : Delhi
Decided on : Mar-17-2003
Reported in : AIR2003Delhi195; 2003(69)DRJ21
..... the plaintiff satisfactorily explains the various documents filed by the defendant and her evidence is subjected to cross-examination and scrutiny that directions for undergoing of dna test or interim maintenance can be considered by the court. in view of the foregoing discussions, the applications are dismissed.in view of the nature of the allegations, it would be in the ..... , mr. jain further submitted that since there was no relationship between the plaintiffs mother and defendant and the plaintiff, the defendant had no obligation and liability to provide for maintenance of the plaintiff. mr. jain also raised objections on the maintainability of the applications stating that the interim directions which are sought are also the main relief prayed for in ..... been lodged with the various statutory and: other authorities. besides the defendant has also lodged a complaint under sections 499 and 500 ipc and the factum of relationship between the parties is well known.8. in support of the application for interim maintenance, counsel submitted that the plaintiffs mother was suffering a cash-crunch on account of her suspension and is ..... submitted that the defendant on account of his influence subjected the plaintiff to a 'lot of harassment and the plaintiffs mother is presently suspended on a false and trumped up charge of bribery. mr. bhasin submitted that the defendant initially in response to a notice from the plaintiffs mother had stated that the defendant had no reservation to go through .....Tag this Judgment!
Court : Delhi
Decided on : Sep-26-2003
Reported in : 2003VIIIAD(Delhi)17; AIR2004Delhi149; 107(2003)DLT262; II(2003)DMC656; 2003(71)DRJ47
..... of 2001 is directed against the order of the additional district judge dated 11.10.2001 in h.m.a. no. 413/2001 whereby the learned judge has fixed maintenance under section 24 of the hindu marriage act at rs. 20, 000/- per month together with litigation expenses of rs. 15, 000/-.2. learned counsel for the petitioner contended that the amount fixed towards ..... maintenance is excessive and that the criteria adopted by the learned judge is contrary to law inasmuch as the learned judge has taken into consideration the income and status of the elder ..... amount stated above and that the petitioner will pay only rs. 1, 000/- per month towards maintenance.3. i have carefully gone through the order under challenge as also the material placed on record. i find that the order of the trial court is a detailed one ..... . 93/2003, for modification of order dated 3.1.2002 passed by this court wherein this court, in an ex parte order, had allowed the petitioner to pay an interim maintenance at the rate of rs. 10, 000/- per month and rs. 10, 000/- towards litigation expenses. by way of modification, counsel submits that the petitioner is unable to pay the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2003
Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333
..... fault and excessive gas pressure (buchholtz relay) - [violation of rule 64 (a) of ie rules, 1956] (b) records of all tests, tripping and maintenance work and repairs of the equipments, cables and supply cables had not been maintained in such a way ..... of police system in delhi in 1978, the commissioner of police was notified as the licensing authority under the act. under section 10 of the act, license to be granted to a cinema hall can be either annual or temporary or casual. all cinemas ..... aforesaid matter. dealing with the contention of the private respondents that they had an apprehension that the high court might adopt some procedure of appointing a commission to gather certain facts which, by itself, may not be sufficient to dispose of ..... of not less than 250 lbs. square inch. (4) during an exhibition all fire extinguishing appliances shall be in charge of some person or persons specially appointed for this purpose. such persons need not be employed exclusively in looking after ..... necessary to carry as part of the developmental programme, this rule, evolved in the 19th century at a time when all these developments of science and technology had not taken place cannot afford any guidance in evolving any standard of ..... adjoining the transformer room was concerned, the same was constructed near the car parking exit door as per the completion certificate. 27. as already mentioned above, immediately after the incident of fire, the lieutenant governor of delhi had instituted an inquiry committee .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-31-2003
Reported in : (2004)(165)ELT66TriDel
..... was any wilful suppression on the part of the appellant which would empower the authorities to invoke extended period of limitation under proviso to section 11a(1) of the act. this has been made clear repeatedly by this court. in padmini products v. collector of central excise, bangalore [(1989) 4 scc ..... for the free supply items was erroneous. accordingly, they wrote to the superintendent, central excise, chennai on 2nd january, 2002 intimating that they had adopted a "standard price initially" and by oversight, the variation of cost was overlooked. this letter also pointed out that "variation is on both sides ..... . there is also merit in the appellant's submission that this was not a case where 115% of the cost was required to be adopted for valuation, inasmuch as that rule (rule 8) relates to valuation of manufactured goods being captively consumed and not of goods which are purchased ..... appellants themselves and they had made payment before any proceedings were initiated by the excise authorities. it is also being pointed put that a charge of intent to evade duty cannot arise in the present case at all inasmuch as whatever duty was paid by the appellant was available as ..... 275] this court has held that something positive other than mere inaction or failure on the part of the manufacturer or producer of conscious or deliberate withholding of information when .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : May-30-2003
Reported in : (2005)95TTJ(Delhi)429
..... from the lessee as interest-free security is nothing but compensation in lieu of rent. in view of the same and in view of the provision of section 23 of the act he determined the income from house property at rs. 26,97,760 adding interest calculated at 16 per cent on the security deposit.3. aggrieved, ..... available, the ao was justified in taking into account notional interest on the interest-free deposits to determine the annual letting value. he, however, directed the ao to adopt interest at 15 per cent instead of 16 per cent.6. the assessee is aggrieved by the cit(a)'s order in asst. yr.1992-93. in the ..... asst. yr. 1991-92 both the assessee and the revenue are aggrieved. in the asst. yr. 1991-92 the assessee is aggrieved on account of cit(a) adopting the figure of rs. 4,88,465 as annual letting value as against rs. 2,93,633 shown. the revenue is aggrieved because the learned cit(a) reduced ..... further observed that in the immediately preceding assessment year rental income shown by the assessee was duly accepted by the ao vide the assessment order passed under section 143(3) of the act.4. however, in the appeal for the asst. yr. 1992-93 the learned cit(a) took a different view. he observed that the rental ..... the case the learned cit(a) erred in restricting the addition of rs. 25,97,760 to rs. 4,88,465 made under the head income from house property when during the asst. yr. 1992-93 the cit(a)-xv confirmed the addition vide order dt. 29th feb., 1996." 1. the cit(a) erred estimating the .....Tag this Judgment!