Court : Delhi
Decided on : Mar-30-2012
..... found on scrutiny that the petitioners biological fathers name, as per her birth certificate, had not been mentioned in the passport application form, and the adoption deed was not in accordance with the hindu adoption and maintenance act, 1956 (hama). 5. the gist of the communication dated 04.04.2011 issued by the rpo reads as follows: on scrutiny of file, it is seen that ..... maroti vitthal bhatwalkar and anr. v. mahila vikas mandal, chandrapur, 2007 (2) air bom r 44, to submit that even when the biological parents are alive, the court could allow the application of the strangers to take the child in adoption in the interest and welfare of the child. 13. on the other hand, learned counsel for the respondent submits that the ..... form. 2. the petitioner was born on 15.11.1995 at kolkata. her natural parents are sh. abhijit ghosh and smt. rajeshwari ghosh, who is now known as rajehswari chattoraj. when the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. so far as the petitioner is concerned, the terms ..... of his/her natural parents and cannot choose to provide the name of the adopted parent(s) in his/her application form. 27. i now proceed to consider the submissions of learned counsel for the petitioner that the petitioners adoption deed in favour of shri surojit chattoraj is valid. sections 9(1) and 9(2) of the hama are relevant and reads as .....Tag this Judgment!
Court : Delhi
Decided on : Nov-22-2012
..... or in case of females till they get married, is fully applicable to the facts at hand. it may be noted here that under sub-section (3) of section 20 of the hindu adoptions and maintenance act, 1956, obligation of a hindu father includes the obligation to maintain his unmarried daughter not only for the purposes of her day-to-day expenses, but also in respect of the ..... maintainable on a combined reading of both sections 125 cr.p.c. and section 20(3) of hindu adoptions and maintenance act, 1956.7. moreover, to ask the petitioner to now file an independent petition before the family court under section 20(3) of hindu adoptions and maintenance act, 1956 would not only cause her inconvenience but would also defeat her right to claim maintenance for the period section 125 cr.p.c. proceeding was ..... is 1st year student of engineering college, bhatinda, (punjab), living in the hostel; her admission expenses of rs. 55,000/- and other fee charges were arranged by her mother. she has to pay besides fee, monthly hostel charges and for the books, etc. the respondent no. 2 is studying in xi class in a public school and her expenses for education are ..... also being borne by her mother. the respondents have no means for their maintenance, education and their mother is unable to bear the expenses, which .....Tag this Judgment!
Court : Delhi
Decided on : Apr-25-2012
..... and mandatory injunction under sections 18 and 23 of the hindu adoption and maintenance act, 1956 and impleading therein her husband as defendant no.1, and her mother-in-law as defendant no.2. the marriage of defendant no.1 (prashant vijay) and defendant no.2 (eveneet singh) was solemnized in accordance with hindu rites and ceremonies on 27.4.2009 and after her marriage, ms. eveneet singh ..... arguments of the learned counsel for the parties on 16.2.2012, the matter was reserved for pronouncement of judgment but during the period when the matter was lying reserved, the judgment debtor moved an application under section 151 of cpc seeking dismissal of the present execution petition or in the alternative to adjourn the matter sine die till the disposal of ..... held that eveneet has right to continue in the south extension residence for a period of 10 weeks and prashant was put under an obligation to offer an alternative accommodation. when the said order was passed by the learned single judge the order dated 11.2.2011 passed by the learned division bench was also before this court as would be ..... . this court is conscious of the further events which took place by way of an order of the division bench dated 11.02.2011, when eveneet was given yet another option to move into premises leased by prashant. apparently, that option is still open even though she has chosen not to exercise it. having regard .....Tag this Judgment!
Court : Delhi
Decided on : Feb-01-2012
..... view of the amendment in the hindu adoptions and maintenance act, 1956 (78 of 1956) (hereinafter referred to as the "act"). in support of his submissions, the learned counsel has referred sections 4 to 10 of the said act. the same read as under:- "4. over-riding effect of act - save as otherwise expressly provided in this act.- (a) any text, rule of interpretation of hindu law or any custom or usage ..... .5 to 8, during the course of hearing of this application, has raised only one submission that only a boy can be adopted after completion of ceremonies relating to adoption when natural parent is to hand over the adoptive boy and the adoptive parents to receive him. thus, the plaintiff is entitled to claim any rights alleged by her. he has also denied that she ..... no.5 to 7 vide sale deed dated 30.05.2011 and the plaintiff cannot challenge the said two sale deeds. the plaintiff has not challenged the sale deed dated 27.01.2000 executed by defendant no.2 in favour of defendant no.3 in respect of the suit property and also the sale deed dated 23.04.2008 whereby the ..... said property in district courts as well as in the high court. with regard to not challenging the sale deed dated 27.01.2000, it is stated that in the prayer clause of the suit, the said sale deed dated 27.01.2000 could not be inadvertently mentioned but, thereafter, the plaintiff has moved an amendment application which is pending disposal before .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-2012
..... g.s.sistani, j. (oral)i.a. 3482/2012 and i.a. 3484/20121. plaintiffs have filed the present suit under section 18(2) (a) (b) (e) (g) read with section 20 of hindu adoption and maintenance act for maintenance.2. plaintiff no.1 is the minor daughter of plaintiff no.2. defendant is the father of plaintiff no.1 and husband of plaintiff no.2. marriage between ..... .2 and defendant, parties have been residing separately. plaintiff no.1 is residing with plaintiff no.2. during the pendency of the matter rs.15,000/- was fixed as interim maintenance for the plaintiffs, which the defendant has been paying to the plaintiffs.3. although the suit has been filed by the plaintiff no.1 minor through her natural guardian, i ..... -13, radhey puri, krishna nagar, new delhi, subject to the condition that the sale proceedings to the extent of rs.72.50 lakhs shall be deposited in this court.(ii) charge upon property bearing no.e-1, radhey puri, krishna nagar, new delhi, would stand vacated in view of the settlement arrived at between the parties today.(iii) on payment of ..... the parties and the parties in resolving this matter amicably. counsel prays that since the parties have arrived at an amicable settlement through mediation, plaintiff should be given benefit of section 16 of court fee act.8. accordingly, let the court fee be refunded to the plaintiff in terms of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2012
..... legal recourse open to the defendant was to put an end to the licence, and hand back possession of the suit property to the plaintiff. by adopting this course it would have stopped the clock of liability for payment of license fees and other dues. the defendant could also have initiated proceedings for adjudication ..... demand raised by the bses. it subsequently came to the notice of the plaintiff that the defendant had manhandled and wrongfully confined an employee of bses, when he visited the leased premises. as a result of the aforesaid misdeeds of the defendant, the electricity meter bearing no.100010124 was disconnected on 03.11. ..... vi) last but not the least, it is not denied that the defendant continued to retain possession of the premises during the period of 47 days when the electricity connection was disconnected and is still in possession. to be noted that the defendant has also not denied that business was being transacted by it ..... . jasbir singh chadha (huf) and anr. and 2011 (7) scale, himani alloys ltd. vs. tata steel ltd., to contend that before a court can act under order xii rule 6 of cs(os) no.1132/2011 page 11 of 21 the code, the admissions relied upon by the plaintiff must be clear and unambiguous ..... the terms of the lease or the extended term thereof, be destroyed and damaged by cs(os) no.1132/2011 page 5 of 21 external fire, acts of god, riots and civil commotion, terrorist attack and such like damages not within the control of lessor and/or lessee so as to be wholly .....Tag this Judgment!
Court : Delhi
Decided on : Dec-12-2012
..... ., epc basis, and build, operate and transfer, i.e., bot basis. respondent no. 1 rvnl is a wholly owned government company under section 617 of the companies act, 1956, under the ministry of railways. on 03.06.2011, rvnl invited the bids under the aforesaid tender calling upon interested parties for bid for ..... of the bid conditions.21. on behalf of respondent no.3, larsen & toubro ltd., mr.sameer parekh, advocate, has made his submissions. apart from adopting the submissions made by mr. seth on behalf of respondent no.1, he submits that the petitioner was extremely callous in its approach inasmuch, as, ..... ), the issue before the supreme court was whether an offer along with a rebate, conditioned upon acceptance within a stipulated time, could have been accepted when the tender/bid conditions did not contemplate any attachment of rebate conditions. there is no issue of rebate in the present case and, as such, ..... and the expiration of the period of bid validity specified by the bidder on the letter of bid or any extension thereof. x x 27. clarification of 27.1 to assist in the examination, evaluation, and comparison of the bids technical and price bids, the employer may, at its discretion ask ..... not attracted. in these circumstances any reasonable person in the position of the appellant would have sought clarification from respondents 1 to 4 under clause 27.1. even assuming that after the letter of 17-12-1999, no further clarification was required to be sought by the appellant, we cannot but .....Tag this Judgment!
Court : Delhi
Decided on : Feb-07-2012
..... each other. in other words the ultimate effect of such a charge was reduced to a naught. 7.6 reliance was also placed by mr krishnan, on the provisions of section 211(3c) of the companies act, 1956 (in short companies act), to contend that the icai was mandated with the task of ..... such a transaction is that the risk of breakdown or technological obsolescence is transferred to the lessee, who therefore ordinarily would bear the cost of maintenance, repairs and insurance of the leased assets. the ownership, however, is retained with the lessor..14. the tribunal, in the captioned cases, has ..... equivalent to the depreciation claimed by the assessee. the assessee, may claim depreciation based on the provisions of the it act or, may even adopt the method of depreciation provided under the companies act. in the event, the depreciation claimed is less than the capital recovery, the difference is debited in the ..... or other compensation. (see dictionary for accountants, eric l. kolher 1978, 5th edition). this traditional view, underwent a change over a period of time when, parties and/or entities entered into lease transactions even qua movable assets, such as, plant, machinery and various other assets, which also included vehicles; to ..... for preparation of financial statements for the purposes of accounting. this apart, the assessing officer relied upon the order of the cit(a) dated 27.07.2004 passed in the assessees own case, for ay 2001-02. the sum and substance of the order passed by the cit(a), .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-2012
..... whose report it has annexed to the present petition. in the circumstances, the tribunal committed no illegality in not examining an expert under section 26 of the act.27. the learned asg next contended that the events subsequent to the spa ought to be taken judicial notice of by this court and ..... the financial bid quoted after detailed evaluation. if the interpretation of hfcl was accepted, the net sale value would be in minus. the criterion adopted after reopening the financial bid was to sell 74% equity shares to the highest bidder. this criterion would become invalid if more than the ..... 2. the background facts are that htl, a company wholly owned by the government of india (goi) was incorporated in 1960 under the companies act, 1956 (ca) primarily for the purpose of manufacture of electromechanical teleprinters, to cater to the needs of erstwhile post and telegraph department. the main ..... only) (the sale consideration) (which price shall be subject to postclosing adjustment as provided in clause 2.4 hereinbelow). all transfer taxes, duties and charges payable in respect of the sale of the purchase shares shall be the responsibility of, and paid by, the purchaser. . 2.4 post-closing adjustment ..... profit and loss account, a cash flow statement (wherever applicable) and statement and explanatory notes which form part thereof. it was held that when a specific direction was given to the auditors that the naa should be prepared as on a particular date by following a similar set of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-05-2012
..... relied upon by the defendant nos. 4 and 5 was obtained by fraud and concealment and therefore the plaintiff cannot be penalized for failing to adopt legal proceedings when facts and material necessary for allowing the challenge have been willfully concealed by the plaintiff. in this behalf, reliance has been placed on para ..... ltd. : air1996sc2592 , referring to lazarus estates and smith v. east elloe rural district council 1956 ac 336 : (1956) 1 all er 855 : (1956) 2 wlr 888, this court stated; 22. the judiciary in india also possesses inherent power, specially under section 151 c.p.c., to recall its judgment or order if it is obtained by fraud on ..... in evidence before the public authority, shows that in the years 1362, 1363, 1365 and 1367 fasli (which we are told roughly corresponds to 1955-56, 1956-57, 1958-59 and 1960-61 a.d.) the land in dispute was lying banjar (barren). that is to say, in the years 1955 to 1961 ..... is necessary to notice certain essential principles laid down by the supreme court on the issue of fraud by a party on the court. 109. in air 1956 sc 593 nagubai ammal and ors. vs. b. shama rao and ors., (paras 15 and 16) the supreme court had occasion to rule on the ..... upon service of proper notice as envisaged under section 106 of the transfer of property act. a lease can be determined by forfeiture inter alia when the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself. xxx 27. in sheela and ors. v. firm prahlad .....Tag this Judgment!