Court : Delhi
Decided on : Oct-05-2006
Reported in : AIR2007Delhi39; 135(2006)DLT314; I(2007)DMC13; 2007(99)DRJ338
..... learned single judge towards medical reimbursement for the treatment undertaken by the respondent was covered within the word 'maintenance' as defined under section 3(b) of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as `the act') and that as the appellant was already directed to pay a maintenance of rs. 3,000/- to his wife, the respondent herein, and a sum of rs. 1,500/- to ..... , 2006 itself.5. subsequently, fresh applications were filed by the appellant, being cms no. 12295-97/2006 praying inter alia, amongst others, for recalling the order dated 23rd august, 2006. when the applications were listed before the court on 11th september, 2006, counsel for the appellant stated that the appellant was willing to pay the costs imposed on him within ten ..... pendente lite in the interest of justice.para 27 : further, in our view, independent of the inherent power of the court under section 151, c.p.c. the wife and children are entitled for grant of interim maintenance under the scheme and provisions of the act itself. the expression `maintenance' in sub-section (b)(i) of section 3 of the act is an inclusive one providing for provision .....Tag this Judgment!
Court : Delhi
Decided on : May-25-2006
Reported in : 132(2006)DLT300
..... the petition filed by smt.seema kapoor and the minor child against her husband sh.rajeev kapoor under section 18 and 20 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the 'act') granting rs. 3,500/- per month each to both the petitioners as monthly maintenance. the legality and correctness of this judgment is questioned by sh rajeev kapoor in this regular first ..... appeal under section 96 of the code of civil procedure on the following grounds ;(a) the court has awarded ..... acquires far more than the vestige of title which is deemed sufficient to attract section 14(1).20 xx xx xx xx xx xx xx21. the hindu adoption and maintenance act, 1959, was enacted to amend and codify the law relating to adoptions and maintenance among hindus, and it defines maintenance in section 3(d) to include (i) in all cases, provision for food, clothing, residence, education ..... he is obliged under the law and statutory but involuntary payments or deductions. the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-27-2006
Reported in : 135(2006)DLT258; I(2007)DMC73
..... rs. 20,000/-. the total added up income of ms. sona, thus, was more than rs. 27,500/-. thus, there was no occasion for her to claim maintenance for the minor from the appellant.5. the petition for maintenance was filed under the provisions of the hindu adoption and maintenance act, 1956 read in conjunction with order 33 of the cpc which was allowed vide order dated 13 ..... admitted case on record that the child was staying with the mother and the obligation of the father to contribute towards maintenance of the said child was disputed on a flimsy ground like less salary or passing of an order under section 125 cr.p.c by the court of competent jurisdiction. both these grounds are without any merit. learned counsel appearing ..... which the plaintiff shall be entitled to claim interest @ rs. 6% per annum on the amount not paid by the defendant, as ordered here. since the petition has been filed section 33 c.p.c., thereforee, the court fee shall be deducted from the amount payable to the plaintiff by the defendant. the amount of the court fee be calculated. decree ..... swatanter kumar, j.1. this regular first appeal under section 96 of the cpc is directed against the judgment and decree dated 3.3.2004 passed by the learned additional district judge, delhi. vide the impugned judgment and decree, the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-28-2006
Reported in : 134(2006)DLT49; (2007)2LLJ350Del
..... in the absence of any provision in the hindu adoptions and maintenance act and the hindu marriage act, the court can exercise jurisdiction under section 151 cpc to grant the interim relief for awarding maintenance. the court held that the statute recognised the substantive right of a hindu wife to be maintained by her husband by virtue of section 18 of the hindu adoptions and maintenance act, 1956 and that such a right was an ..... levy prior to consideration of an appeal is the statutory mandate. 8. upon consideration of these issues, by judicial interpretation, a workman's right to grant of interim wages, when an award in his favor directing reinstatement is challenged before the high court or before the apex court, has been expanded and recognised as an integral part of the inherent ..... of the industrial disputes act beyond the last drawn wages which were being paid to the workman, is contrary to the pronouncements of the apex court and the applicable law. 27. it has been held that this court under article 226 has the jurisdiction to grant wages beyond the limits under section 17b. there is no dispute that this court was competent ..... to, albeit under article 226 of the constitution of india, to grant interim relief beyond the parameters set down by section 17b. this being the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-2006
Reported in : 131(2006)DLT108; II(2006)DMC310; 2006(90)DRJ385
..... to be read in conjunction with one another and interpreted accordingly. we can, thereforee, go to hindu adoption and maintenance act, 1956 (for short the 'maintenance act') to understand the meaning of the 'maintenance'. in clause (b) of section 3 of this act 'maintenance includes (i) and in all cases, provisions for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also ..... that the appellant's daughter is suffering from anemia. learned counsel for the appellant also submitted that the present level of the respondent is far higher than what it stood when the impugned order was passed. it was claimed that the respondent is drawing more than 22,000/- per month.8. learned counsel for the respondent did not dispute the ..... those he is obliged under the law and statutory but involuntary payments or deductions. amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband.13. in the subsequent decision of the supreme court, reported as padmja ..... sharma v. ratan lal sharma : 2scr621 , the court, commenting on the absence of a definition of 'maintenance' and the need to consider all cognate enactments while adjudicating on the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2006
Reported in : 127(2006)DLT535
..... forceful argument of mr. nigam supporting the petitioners.10. it is well settled that a party cannot be permitted to travel beyond the stand adopted and expressed by it in the impugned action. if authority is required for this proposition it can be found in the celebrated decision titled mohinder ..... and office-bearers is to be held in accordance with the rules framed or to be framed under clause (r) of sub-section (2) of section 39 of the act.(iii) the agenda papers for the annual general meetings shall be circulated by the general secretary with approval of the executive board ..... the presence of the director, gurdwara elections and his certification of the elections held. this appointment is statutory in nature by virtue of section 13 of the act which vests powers of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections of members ..... 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 10a 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 ..... 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, .....Tag this Judgment!
Court : Delhi
Decided on : May-11-2006
Reported in : 132(2006)DLT107; 2006(90)DRJ309
..... no doubt that various benches of this court had issued orders directing the respondents to consider the request of the parties for regularisation of unauthorised colonies and even directed maintenance of status-quo. even in this writ petition, similar orders were granted in favor of the petitioners on 1st february, 2005, where after the parties were directed ..... the principles that scope of powers exercisable by the government under section 48 was very limited and was distinct from the powers exercisable by the collector under section 5a of the act. repeated challenge to the notification would not be permissible even by adopting an indirect method of taking recourse to section 48 even without satisfying the basic ingredients specified therein. 10. ..... departmentvikas bhawan new delhif.9(24)/2005/l&b;/la/1257dated: 03/05/06to,the presidentresidents welfare associationvillage tughlkabadtehsil kalka ji, new delhi.subject:application under section 48 of the land acquisition act for denotification of land situated in village tughlkabadsir,with reference to your representation dated 28.1.2005 addressed to the hon'ble lt. governor on subject ..... the same in accordance with these guidelines. it will be unjust and unfair, if the petitioners having waited for all these time without questioning the acquisition proceedings, particularly when the awards were made in the year 1981 and 10th november, 1995 now want to take up a plea of regularisation of unauthorised colony and defeat the very purpose .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2006
Reported in : 129(2006)DLT800; 2006(87)DRJ309
..... unauthorized and illegal. needless to add, the power and authority to amend the master plan is conferred exclusively in the central government by virtue of section 11a of the delhi development act, and the d.d.a. has no jurisdiction in that behalf.25. even otherwise, in our opinion, it is only logical and rational that ..... a community hall, it is only rational that the same is constructed and used as per norms provided for a community hall. pursuant to section 7 of the delhi development act the experts have framed the master plan and prescribed as per their wisdom a particular set of norms for a community hall. a fortiori it ..... the appellant's community hall is contrary to the provisions of the master plan which is the law on the subject by virtue of section 7 of the d.d.a. act.24. the respondent's contention that they have passed some resolution for allowing only nursery school norms for a community hall is of no ..... the construction of a community hall in the plot of land being site no. 4, ns, b-block, ashok vihar, phase-i, delhi by adopting the norms and conditions applicable to the construction of a community hall.4. the petitioner is a charitable society registered under the societies registration ..... act. the petitioner applied to the respondent no. 2, d.d.a. for allotment of land for constructing a community hall for the purposes .....Tag this Judgment!
Court : Delhi
Decided on : Nov-20-2006
Reported in : AIR2007Delhi89; 2009(93)DRJ344
..... s. ravindra bhat, j.1. the application c.m.no.16660/2005 has been filed under section 24 and 25 of the hindu marriage act, by the wife (hereafter referred to as the appellant) claiming maintenance pendente lite, and litigation expenses from the husband (hereafter referred to as the respondent) for herself as well as her daughter during the pendency of ..... part of a joint family then the joint family and their business, as well as their social status have to be considered by the court while awarding maintenance. this approach had been adopted in an earlier decision reported as smt. neelam malhotra v. rajinder malhotra and ors. air 1984 delhi 234.14. it is clear from the above ..... works there. the income tax documents filed pursuant to orders of this court show the following picture:-----------------------------------------------------------------------------assmt. yr. turnover/sales net income salary (incl.service charges) expenditure-----------------------------------------------------------------------------2003-04 rs. 27,78972.60 rs. 804033.80 rs. 3,01,324/-2004-05 rs. 20,98,361.26 rs. 8,36,732.26 rs.3,47,149/-2005- ..... was admittedly studying in a prestigious school in the city. 9. counsel for the respondent husband submitted that the appellant cannot now claim maintenance, because as per the understanding arrived at by them, when they started living separately, one daughter each was to be maintained by the appellant and the respondent. the respondent fulfilled his obligation, and .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-24-2006
..... of the question that arose for consideration was as to whether a company whose name was struck off the register by roc under section 560 of companies act, 1956 and therefore, stood dissolved, could be assessed to tax after dissolution? the tribunal held that existence of the person sought to be ..... successor shall be entitled to recover from the predecessor any sum so paid. (4) where any business or profession carried on by a hindu undivided family is succeeded to, and simultaneously with the succession or after the succession there has been a partition of the joint family property ..... during the course of search, the addition made by the assessing officer on account of income adopting the arm's length price in the block assessment under chapter xiv-b was fully justified.27. before the learned cit(a), the following arguments were also advanced on behalf of the assessee ..... 1st proposition referable to the block assessment proceedings, which reads as follows: (1) can a disclosed transaction give rise to undisclosed income especially when it is not alleged that any amount over and above what has been disclosed has in fact passed? as a corollary to the question ..... and unsecured debts, liabilities including contengent liabilities, whether disclosed or undisclosed, duties, taxes and obligations of the transferor companies along with any charge, encumbrance, lien or security thereon (hereinafter referred to as the 'said liabilities') shall also be vested or be deemed to be and stand vested, .....Tag this Judgment!