Court : Delhi
Decided on : Nov-16-2004
Reported in : 115(2004)DLT440; I(2005)DMC40; 2005(79)DRJ274
..... is if at all the petitioner no. 2 is under any legal obligation to maintain the plaintiff, his daughter-in-law particularly when there is a codified law with special reference to section 18 and 19 of the hindu adoption and maintenance act. though plaintiff in the suit has termed the defendant no. 2 as karta of the corporationary property and defendants 1 and 2 ..... he is under obligation to maintain the plaintiffs out of such corporationary properties. he further urged that the obligation of the husband to maintain his wife under section 18 of the hindu adoption and maintenance act is a personal obligation whereas obligation of the karta of the family flows from the customs which have been in existence since ages and those customs and usage ..... the liability of the father-in-law to maintain the defendants including his daughter-in-law but now since there is a codified law thereforee in view of section 4 of the hindu adoption and maintenance act, the court has to determine if uncodified law shall still have recognition..5. i have heard learned counsel for the plaintiffs, learned counsel for the defendant no ..... learned counsel for the plaintiffs do not cease to exist by enactment of the act, viz, hindu adoption and maintenance act. it was further contended that section 19 of the hindu adoption act does not in any manner exclude the existing rights available to hindu women. to support such contention he referred to mullah on hindu law 18th ed. vol. i page 877 and 878 where he discussed the .....Tag this Judgment!
Court : Delhi
Decided on : Mar-26-2004
Reported in : AIR2004Delhi366; 110(2004)DLT703; I(2004)DMC675; 2004(74)DRJ8
..... . the husband cannot be heard saying that he is unable to maintain due to financial constraints so long as he is capable of earning. ? further, according to section 20 of the hindu adoptions and maintenance act, 1956, a hindu is under a legal obligation to maintain his wife, minor sons, unmarried daughters and aged or infirm parents. the obligation to maintain them is personal, legal and absolute ..... appellant has not paid that amount even on a single occasion. 4. under these circumstances, the mother filed a petition under section 20 of the hindu adoptions and maintenance act, 1956 sometime in 2001 claiming maintenance for their child parul. a separate petition was filed claiming maintenance for their child geetanshu. by an interim order dated 1st april 2002, the learned additional district judge directed the appellant to ..... decisions of the supreme court, it must be held that the respondents are entitled to receive maintenances from the appellant.15. with regard to the quantum of maintenance, section 23 of the hindu adoptions and maintenance act, 1956 gives the factors required to be considered. this section reads as follows:'23. amount of maintenance. -- (1) it shall be in the discretion of the court to determine whether any, and if .....Tag this Judgment!
Court : Delhi
Decided on : Nov-17-2004
Reported in : 116(2005)DLT191; I(2005)DMC191; 2005(79)DRJ192
..... its being barred by `law'. for this purpose, mr. nanda, the learned counsel, appearing on behalf of the defendant/applicant has submitted that the section 1 & 2 of the hindu adoptions and maintenance act, 1956(in short the `hama') indicate that the act applies to whole of india and, thereforee, its operation cannot travel beyond india and apply to a cause of action which has arisen in ..... co. : 4scr19 and in particular has relied upon the following paragraph at page 60 wherein cause of action has been defined by the hon'ble supreme court as under:-'.....when he sues upon the original cause of action, no doubt, the court within whose jurisdiction the cause of action arose would be entitled to entertain the suit. but, if one ..... provisions of rule 9.'hama'1. short title and extent.___(1) this act may be called the hindu adoptions and maintenance act, 1956.(2) it extends to the whole of india except the state of jammu and kashmir.2. application of act.__(1) this act applies__(a) to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a ..... the dependent and any income derived from such property, or from his or her earnings or from any other source;(g) the number of dependents entitled to maintenance under this act.'mr. narula thus submitted that sections 2,18 and 23 clearly gave rights to the plaintiff enforceable under hama in this court.9. in my view, it is unnecessary to consider these .....Tag this Judgment!
Court : Delhi
Decided on : Apr-27-2004
Reported in : 111(2004)DLT545; 2004(77)DRJ382
..... interim maintenance. on 3rd october, 1997, interim maintenance at the rate of rs.3500/- per month was awarded by the additional ..... contention of the husband that this sum was paid towards maintenance/settlement, but the wife contends that this was towards repayment of a loan. on 31st may, 1996, a suit for maintenance was filed under section 18 of the hindu adoption & maintenance act (hereinafter referred to as `the h.a. & m. act`) which was accompanied by an application for grant of ..... order dated 3.10.1997. an application was filed by the wife in the divorce petition invoking section 24 of the hindu marriage act (hm act) which came to be decided by the matrimonial court on 21.4.1999, fixing interim maintenance at the rate of rs.2500/- per month. this interim order was predicated on orders passed ..... between the spouses had started on 1st february, 1996 with the filing of a divorce petition by the husband, namely shri ajit arjani. it is not clear when the wife, namely, roma arjani, was served with the summons of the divorce petition, or the date on which she gained knowledge of that petition. in ..... interim orders are subject to final orders that may be passed.10. all the petitions are disposed of in the above terms.april 27, 2004 vikramajit sen, j. .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-2004
Reported in : AIR2005Delhi1; 114(2004)DLT289; 2004(77)DRJ133; (2004)138PLR59
..... have been granted by the high court on 19.7.94, is sought to be enhanced by moving the application under section 25(2) of hindu marriage act. it is claimed in the petition that the respondent sometimes remits the maintenance and sometimes not which is causing drastic problems. the respondent is living in a lavish style. the respondent has got colour tv, vcr ..... got two other children to support, thought it fit to fix the maintenance at rs. 2,000/- per month. 4. counsel for the petitioner submitted that the judgment under challenge is bad on account of the criteria adopted by the trial court inasmuch as dividing the income into one-half when the children of the first marriage are earning sufficient income dis-entitling ..... appears to me that the learned judge, while adopting the criteria of inflation cost formula, has arrived at a ..... them from any maintenance. 5. i have heard counsel for the parties and gone through the judgment under challenge. it .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2004
Reported in : AIR2004Delhi323; 110(2004)DLT111; 2004(73)DRJ311
..... , i am of the considered view that the learned trial court should have granted rs.15,000/- per month towards maintenance pendente lite. it is ordered accordingly. by adopting this approach an effort has been made to balance the income and the earnings of the husband against the income of ..... husband's income. while granting maintenance it is incumbent on the court to make such monetary arrangements as would be conducive to the spouses continuing a lifestyle to which they were accustomed before the matrimonial discord. in the application under section 24 of the hindu marriage act, it has been categorically pleaded ..... the parties disclose their actual income are extremely rare. experience, thereforee, dictates that where a decision has to be taken pertaining to the claim for maintenance, and the quantum to be granted, the safer and surer method to be employed for coming to a realistic conclusion is to look at the ..... interest in these business enterprises, the burden should have been shifted to the husband to prove his unsubstantiated allegations. this approach has not been adopted.5. so far as the allegations against the husband's earnings and income are concerned it is now firmly established that every able-bodied ..... wife has no income to support herself and to meet her necessary expenses.4. a miscarriage of justice has been caused by the approach adopted by the learned trial court in that the statement pertaining to the receipt of a nominal amount of interest has been given far too much .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-2004
Reported in : 111(2004)DLT98; I(2004)DMC707; 2004(77)DRJ561
..... is directed against the order dated 3.6.2000 by which the additional district judge had decided the application filed by the wife under section 24 of the hindu marriage act, for interim maintenance. this order is intrinsically interlocutory in nature; it does not finally dispose of the proceedings; and can be modified or varied if ..... of two children from this ill-fated wedlock, and that the husband would have to incur extra expenses on this account, the adj has granted maintenance which cannot be viewed as excessive. i was inclined to dismiss the revision with costs but decline from doing so.4. the revision petition is ..... contended that the wife is enjoying an air-conditioned room in her father's house and has the use of a car and, thereforee, any maintenance given by the husband would tantamount to being a drop in the ocean. so far as these allegations are concerned it is the wife's case ..... granted a sum of rs. 2,500/- per month from the date of the filing of the application and rs. 3,000/- per month as maintenance with effect from 4.6.2002. so far as the wife is concerned it has been alleged by the revisionist/husband that she is in a ..... the circumstances so warrant. the erstwhile provision whereby a revision against such orders could be entertained, by adopting the prima facie view that the order, .....Tag this Judgment!
Court : Delhi
Decided on : Dec-10-2004
Reported in : 2006(2)SLJ116(Delhi)
..... of his contention that the present writ petition be entertained, submits that petitioner works in delhi. he submits that respondent no. 3 has been acting in a discriminatory manner and adopting a policy of pick and choose. respondent no. 3 did not arise any objection of jurisdiction in the case of r.k. bhola. ..... writ petition was duly entertained by a learned single judge of this court and relief granted. he submits that petitioner therein was also working as depot in charge under the regional marketing and manager. reference is also made to wp (c) no. 4051 of 97 titled k.k. singh v. u.p. ..... to the territorial jurisdiction was ever raised before the court.7. the aforesaid decisions, accordingly, cannot be binding for entertainment of this writ petition, especially when there is nothing to indicate that the objection as to the lack of jurisdiction was ever raised or considered by the courts. on the other hand wp ..... r.k. bhola v. u.p. state handloom corporation ltd., (supra) the challenge was to a show cause notice for termination of services for negligent act, committed at the sales depot. the show-cause notice was challenged as having been issued without holding any inquiry into the matter in question. this was ..... the forums created under the i.d. act and other labour laws could not be by passed and the remedy and has to be exhausted before approaching the high court under article 226 of the constitution of india. the said judgment was passed on 27.7.2004. it appears that confronted with .....Tag this Judgment!
Court : Delhi
Decided on : Oct-11-2004
Reported in : 92ITD120(Delhi)
..... of manufacture which is quite different from acquisition of capital asset. in the case of k & co. (supra), delhi high court was concerned with the expenditure regarding upgradation and maintenance of software. such expenses has already been allowed to assessed in the present case. in cases of tcil bellsouth ltd. (supra) and business information processing services (supra), the tribunal ..... of income-tax assessment proceedings, the assessing officer took note of these facts. when he questioned the appellant about the charges levied by the central excise department regarding excess consumption to the extent of rs. 643.34 crores, the appellant moved a petition under section 144a of the income tax act, 1961 to the addl. commissioner to intervene and for necessary directions. the ..... assessed to compute business income in accordance with any method of accounting regularly employed by assessed. it permitted even the hybrid system of accounting meaning thereby that assessed could adopt one method of accounting for one part of income while other method of accounting for other part of income under the same head of income. so up to assessment ..... of india : 3scr9 and navin chemicals mfg. & trading co. ltd. v. collector of customs : 1993ecr1(sc) ; (iii) that the investment in shares actually amounted to rs. 193,80,27,000 because a sum of rs. 24 crores was on account of investment made in debentures of maruti countrywide automobiles finance ltd. interest on which is taxable; (iv) that the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-07-2004
Reported in : 112(2004)DLT420; 2004(75)DRJ739
..... , the president promulgated the delhi metro railway (operation and maintenance) ordinance, 2002 on 29th october, 2002. this ordinance was replaced by an act of parliament, i.e. the delhi metro railway (operation and maintenance) act, 2002. provisions of the metro railways act, 1978 are also made applicable to the metropolitan city of ..... under section 11 of the act after declaration of acquisition under section 10 of the act is distinct from the manner in which possession is to be taken under section 16 of the la act. even when there is provision for taking immediate possession under section 17(1) of the la act, here section 11 provides ..... dmrc examined the said drawings and found one out of the three as suggested by the consultants as the most technically suited and adopted the same for developing land plan which formed the basis for ultimate acquisition. before arriving at the final layout plan dmrc then developed ..... time. ultimately the government approved the mrts project. to undertake this project the dmrc was incorporated as a company under the indian companies act, 1956. immediately it started the project in right earnestness. it is not necessary to state in detail this project. the petitioners are candid in ..... manner as in the nagpur improvement trust act.24. a similar point was abandoned in p. vajravelu mudaliar v. special deputy collector, madras, : 1scr614 by mr. vishwanatha sastri in view of the above decision of this court in kanpur case.' 27. it is clear that issue was .....Tag this Judgment!