Court : Delhi
Decided on : Mar-18-2008
Reported in : 148(2008)DLT569; I(2008)DMC605; 2008(102)DRJ159
..... dated 28.07.07 relate to the proceedings under section 20 of the hindu adoption and maintenance act, 1956. proceedings under section 20 of the hindu adoption and maintenance act, 1956 are independent and have no correlation with the proceedings under section 24 and 26 of the hindu marriage act, 1955.24. even otherwise, much water has flown the yamuna since the order dated 27.11.01 of this court awarding a sum of ..... has every right to be brought up as a daughter of affluent parents. at the same time, rs. 24,000/- per annum as tuition charges (computer) and rs. 24,000/- per annum as the tuition charges (math) can be easily avoided. as if the student is attentive in classes and do her/his homework regularly and sincerely at home, no tuition ..... like situation, the welfare and future of the child was to be considered as paramount consideration.13. consequently, the application of the plaintiff under section 151 cpc for enhancement/modification of the order dated 02.05.2006 granting interim maintenance to the ..... required, hence, i am of the considered opinion that rs. 24,000/- per annum as tuition charges (math) can be saved by the plaintiff. after excluding rs. 24,000/- per month as tuition charges (computer) and rs. 24,000/- per annum per annum as tuition charges (math), the average monthly expenditure comes to rs. 11,000/- approximately.... needless to say in such .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-2008
Reported in : 158(2009)DLT136
..... cruelty has been defined. one such provision is explanation attached to section 498a ipc, section 41 of the children act, 1960, section 2 of dissolution of muslim marriages act, 1935, section 10 of divorce (amendment) act, 2001, section 18 of hindu adoptions and maintenance act, 1956, section 27 of special marriage act, 1954 and illustrations annexed to explanation 2 of section 14 of evidence act, 1872.44. the next contention of learned counsel for the ..... petition filed is legally not maintainable since the same is not in accordance with the rules framed under the act.8. it is also stated that the petition is not maintainable under section 23 of the act as respondent never filed petition immediately when as alleged the appellant has treated him with cruelty.9. on merits, the factum of marriage has ..... not establish actual instances of physical abuse.58. in dr. n.g. dastane v. s. dastane, (supra), the apex court has observed as under;.whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live ..... without any distraction and disturbance. respondent refused to pay any heed to her request. ultimately, respondent did make arrangement for vertika to go to respondent's brother house when sandeep, vertika's cousin came to pick her up. the appellant never differentiated between them and her children and rather showed more love and affection towards them and pampered .....Tag this Judgment!
Court : Delhi
Decided on : Sep-03-2008
Reported in : 152(2008)DLT586
..... that the payment made by veena in the sum of rs. 23,000/- for taking the neglected child in adoption was violative of section 9(5) and section 17 of the hindu adoption and maintenance act, 1956 which prohibits any person from receiving any payment in consideration of adoption of any person or making or giving or agreeing to make or to give to any person, any payment or ..... and it is absolutely necessary to put an end to it by introducing adequate safeguards.13. referring to the provisions of section 41 of the jj act and rule 33(4) of ..... no. 925/2007 was registered and `s was medically examined. during the course of investigation one preeti wife of vinod was arrested. according to preeti, s had come to them when she was already pregnant. though s was not married she decided to retain the child with her whereas preeti and her husband wanted to sell the child. they contacted one ..... that there are instances where large amounts are demanded by so- called social or child welfare agencies or individuals in consideration of giving a child in adoption and often this is done under the label of maintenance charges and medical expenses supposed to have been incurred for the child. this is a pernicious practice which is really nothing short of trafficking in children .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : May-14-2008
..... over such an order by another officer. the counsel attempts to raise his contentions on section 19 of the general clauses act and submits that when an order is passed by the officiating medical superintendent, it was to be recognised as an order passed by the medical superintendent when especially it was countersigned by the higher authorities. the settled position, therefore, could not ..... of the increments sanctioned to him.6. mr. sourabh ahuja, learned counsel for the applicant, submits that the respondents are in error in adopting this course. he has raised three submissions in support of his contention. when admittedly increments were sanctioned to him by the governmental authority recognizing the typewriting qualification, a review of the order was not called for. the ..... an ineligible person could draw government money without authorization and this would have been objectionable. counsel also referred to col. b.j. akkara (retd.) v. govt. of india . when an employee had knowledge that payment received by him was in excess of what was due and wrongly paid, courts were not to grant reliefs against the recovery. therefore, a ..... appointment order only required him of securing a pass in the typing test and when he was duly deputed for training held by the hindi department and had passed the test, he should have been entitled and became eligible for the yearly increments. therefore, .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-2008
Reported in : 151(2008)DLT789
..... opinion, in order to nullify an amendment or a repeal there must be a specific and unequivocal saving such as is contained in section 647 of the companies act, 1956. the impugned notification could have stated, but it significantly does not do so, that proceedings pending in any court at the time ..... v. a rajappa : (1978)illj349sc . the roots of an enactment have to be nourished and strengthened rather than deracinating the plant and provisions by adopting a negative or destructive dialectic; to avoid absurdities and incongruities that may have crept in because of clumsy or incomplete and inchoate amendment. the constant ..... collins cobuild english dictionary for advanced learners contains fifteen connotations of the word 'other' which include -'you use nothing other than and no other than when you are going to mention a course of action, decision, or description and emphasize that it is the only one possible in the situation'. the ..... no court inferior to that of an mm/jm 1st class....' we are of the conviction that this applies as much to the ni act as to the os act. 27. it has next been contended by mr. luthra that the petitioners should not be prejudiced by the impugned notification inasmuch as they ..... inferior to that of a district or presidency magistrate, shall try any offence under this act. (2) if any person under trial before a magistrate for an offence under this act at any time before a charge is framed, claims to be tried by the court of sessions, the magistrate shall, if .....Tag this Judgment!
Court : Delhi
Decided on : Sep-26-2008
Reported in : LC2008(3)257; 2008(38)PTC477(Del)
..... right as contended by the appellant are to be treated as separate, distinct and independent rights. we are therefore, unable to agree with the interpretation of the impact of section 61 of the act, which the learned single judge has preferred to adopt. b. we are also unable to subscribe to the view taken by the learned single judge that non-compliance of ..... the broadcast or any substantial part thereof- (a) re-broadcasts the broadcast; or (b) causes the broadcast to be heard or seen by the public on payment of any charges; or (c) makes any sound recording or visual recording of the broadcasting; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was ..... the trips agreement. it reads as under: article protection of performers, producers of phonograms (sound recordings) and broadcasting organizations. 3. broadcasting organizations shall have the right to prohibit the following acts when undertaken without their authorization: the fixation, the reproduction of fixations, and the rebroadcasting by wireless means of broadcasts, as well as the communication to the public of television broadcasts of ..... case. the learned single judge therefore was required to deal with the issue of what tantamounts to fair dealing after examining the facts and circumstances of the present case. 27. the question of fair dealing can only be judged on the facts and circumstances of each case as noted by justice winkelmann in the case of media works nz limited .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-06-2008
Reported in : (2008)113ITD655(Delhi)
..... , 1999 only should be taken as the date of conclusion of the search. we find that the learned departmental representative could not point out any provision in the act which provides that when an order under section 132(3) is passed during the course of a search proceeding, it shall be deemed that search has not been concluded. the conclusion of search means ..... be true, in our considered opinion and keeping in view the legal principle as settled by the hon'ble supreme court in the case of mehta parikh & co. v. cit (1956) 30 itr 181 (sc), it is not permissible for us to arrive at a different conclusion merely on the basis of assumptions or suppositions.35. the panchnama drawn on 16th ..... books of the petitioner, but they did not do so.therefore, their decision on this could not be used against them. even by adopting this procedure, the authorities did not exceed the sixty days limitation as provided in section 132(8a) and for making the assessment order the authorities had still more than adequate time available. the authorities did not complete the ..... which may have been completed on or before such date and includes also all proceedings under this act which may be commenced after such date in respect of any year.27. a complete reading of section 132 shows that as per the scheme of the act, sub-section (1) provides the provisions regarding search which contain under what circumstances search operation can be conducted and .....Tag this Judgment!