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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: gujarat Year: 1992 Page 1 of about 2 results (0.030 seconds)

Nov 11 1992 (HC)

Dharamsi Dahyabhai Patel Vs. Devyani Dharamsi Patel

Court : Gujarat

Decided on : Nov-11-1992

Reported in : I(1993)DMC605; (1993)1GLR387

..... june, 1991.the respondent-wife instituted spl civil suit no. 75 of 1991 in the court of civil judge (s.d.), morvi under section 18 read with section 23 for maintenance under hindu adoption & maintenance act, 1956. in the said suit she applied for interim maintenance at the rate of rs. 3,000/- per month by application, dated 21st june, 1991 at exh. 7. in the said application she ..... the husband, the status of the family, and the way in which the respondent-wife has lived with the husband at a point of time when the marital life was not in doldrums and awarded interim maintenance of rs. 1,500/- per month from the date of the application, i.e. 21st june,1991.4. miss rani advani, learned advocate appearing for ..... of mathematical certainty.17. sub-section (2) read with sub-section (1) of section 23 leaves the matter of fixation of amount of maintenance to the discretion of the court while stressing i hat the position and status of the parties, reasonable wants of the claimant, the income and the property of the claimant and the number of persons when the husband is bound to ..... maintain are among the factors and circumstances which must be taken into consideration by the court. in fixing the quantum of maintenance it would be necessary and of primary importance to consider the overall financial position of the husband .....

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Sep 08 1992 (HC)

Miss Shilpa Bansilal Shah Vs. Bansilal K. Shah

Court : Gujarat

Decided on : Sep-08-1992

Reported in : (1993)1GLR223

..... the case may be, as it sometimes exposes the weakness of law and the system in delivering immediate justice. we feel that the relevant provisions of maintenance, be it under section 20(3) of the hindu adoption & maintenance act. 1956 or under section 125 of the cri. pro. code, 1973 or under any such other statutes, as the case may be, have of course' given quite a beneficial ..... history of the respondent, if a lenient view is taken in this matter, he may once again play dialatory tactics with the ad interim award or when final award is passed, by delaying payment of monthly maintenance. mr. joshi further submitted that the present petition for contempt came to be filed as far back as in the month of february, 1991 and ..... merits of the order passed. the circumstances highlighted above not only merely raise finger of accusation of the contempt of the court against the respondent but in our opinion, the charge of the wilful disobedience of ad interim award passed by the court is dearly brought home against him beyond any manner and the shadow of doubt against him.10. in ..... not to comply with these directions, under any pretext, will amount to the contempt of this court. secondly, we further direct the commissioner of income tax, ahmedabad that as and when the respondent retires from his services, he shall forward a copy of this judgment underlining the directions, alongwith pension papers to the pension disbursing authorities thirdly, the city civil court .....

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Jul 21 1992 (HC)

Pratapbhai V. Trivedi Vs. Priyamvada @ Ghamu Pratapbhai Trivedi

Court : Gujarat

Decided on : Jul-21-1992

Reported in : II(1993)DMC25

..... vested right in favour of the other party. when during the pendency of the proceedings under section 9 of hindu marriage act, application made at exh. 8 by the wife under section 24 of hindu marriage act, 1955, and by virtue of statutory right recognised by section 24 of the act a right has accrued to the wife to receive maintenance pendente lite at least from the date of her ..... made by the high court, the procedure to be followed under the act in all the proceedings must be regulated by the c. p. code. however, when adoption of procedure enacted by the c.p. code is not practicable or adoption of such procedure is likely to defeat the other provisions of hindu marriage act, in my opinion, it would not be just and permissible to ..... apply the provisions of c.p. code. the provisions like section 24 of the act confer a substantial right on the ..... applicant during the pendency of the proceedings. when such a right has accrued to .....

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Jul 21 1992 (HC)

Pratapbhai V. Trivedi Vs. Priyavadu @ Ghanu Pratapbhai Trivedi

Court : Gujarat

Decided on : Jul-21-1992

Reported in : I(1994)DMC187; (1993)1GLR487

..... right in favour of the other party. when during the pendency of the proceedings under section 9 of the hindu marriage act, an application is made at exh. 8 by the wife under section 24 of hindu marriage act, 1956 and by virtue of statutory right recognised by section 24 of the act a right has accrued to the wife to receive maintenance pendente life at least from the date of ..... apply the provisions of c.p. code. the provisions like section 24 of the act confer a substantial right on the ..... array of plaintiffs. since the learned judge of the court was on leave on that day another judge who was in-charge of the case did not pass any order on such application. on the next day of adjournment when the case was placed before the learned judge the plaintiff who had applied for deletion of his name once again applied to ..... made by the high court, the procedure to be followed under the act in all the proceedings must be regulated by the c.p. code. however, when adoption of procedure enacted by the c.p. code is not practicable or adoption of such procedure is likely to defeat the other provisions of hindu marriage act, in my opinion, it would not be just and permissible to .....

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Mar 26 1992 (HC)

Patel PravIn Kumar Somnath and ors. Vs. Gujarat State Land Development ...

Court : Gujarat

Decided on : Mar-26-1992

Reported in : (1993)ILLJ916Guj

..... be a trainee and not a worker; and (b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.' section 22 of the act, inter alia, provides that it shall be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship ..... of my finding that the method of appointing apprentices for the purpose of giving training to fresh post-graduates of agricultural university was not a device or camouflage or subterfuge adopted by the respondent-corporation for the purpose of denying permanent employment, i do not find any substance in this submission of mr. vakharia and the same shall have to be ..... advertisement was confined for apprenticeship for four months only. the petitioners applied pursuant to such advertisement and they were engaged as apprentices for a period of four months only. however, when the guidelines for the above project were received from the central government, the existing apprentices as well as the apprentices who were to be engaged, were informed that their period ..... engagement was restricted to march 31, 1991. however, in the meanwhile further instructions were issued by the central govt. and immediately thereupon the respondent-corporation has issued circular on march 27, 1991. the said circular was issued to all the concerned officers and it was applicable to all apprentices who were already engaged since december, 1990/january, 1991. all the petitioners .....

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Mar 26 1992 (HC)

Patel Pravinkumar Somnath and ors. Vs. Gujarat State Land Development ...

Court : Gujarat

Decided on : Mar-26-1992

Reported in : (1992)1GLR728

..... a worker; and(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.section 22 of the act, inter alia, provides that it shall not be obligatory on the part of the employer to offer any employment to any apprentice ..... method of appointing apprentices for the purpose of giving training to fresh post-graduates of agricultural university was not a device or camouflage or subterfuge adopted by the respondent-corporation for the purpose of denying permanent employment. i do not find any substance in this submission of mr. vakharia ..... stated in the words of the supreme court itself. in para 13 of the judgment, the court observed as under:the question arises when the act does not provide for such a measure, but contents itself by merely regulating the conditions of service of the contract labour, cart the ..... corporation and am. v. tata engineering & locomotive co. ltd. and anr., reported in : (1976)illj81sc identical question arose before the supreme court when the court was called upon to decide as to whether the persons employed as apprentices by employees' state insurance corporation under specific agreement of apprenticeship can be ..... months only. the petitioners applied pursuant to such advertisement and they were engaged as apprentices for a period of four months only. however, when the guidelines for the above project were received from the central government the existing apprentices as well as the apprentices who were to be engaged .....

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Jan 16 1992 (HC)

Miscellaneous Mazdoor Sabha Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Jan-16-1992

Reported in : (1992)2GLR1065; (1993)ILLJ695Guj

..... terminated from service. so far as such workmen are concerned, it can be said that they can raise disputes as per section 2a of the act read with section 10 thereof. these would be individual disputes pertaining to one or two or number of workmen similarly situated as compared to their ..... under art. 226 is maintainable against respondent no. 3 and/or respondent no. 6 which are companies registered under the provisions of the companies act, 1956 and if such a petition is maintainable, further question would arise as to whether the impugned notice at annexure 'b' is null and void ..... the interpretation of this constitution as it applies for the interpretation of an act of the legislature of the dominion of india. when we turn to general clauses act, 1897, we find definition of the term 'person' as provided by section 3(42) as meaning any company or association or body of individuals, ..... future and legally snap the employer-employee relationship qua these workmen. we direct respondent no. 3 accordingly. respondents nos. 4 and 5 who are in-charge of respondent no. 3 will also be directed accordingly. the petition will stand allowed against respondents nos. 3,4, and 5 accordingly. 23. (rest ..... its members who were workmen working with respondent no. 3 at the relevant time. respondent nos. 4 and 5 are joined as constituted attorneys in charge of the said concern while respondent no. 6 is joined through its managing director, being parent company whose wholly owned subsidiary is respondent no. .....

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Mar 09 1992 (HC)

Pradip Ramanlal Sheth Vs. Union of India and ors.

Court : Gujarat

Decided on : Mar-09-1992

Reported in : (1993)113CTR(Guj)75; [1993]204ITR866(Guj)

..... after such date shall be deemed to be the discounted value of such consideration, as on the date of such agreement for transfer, determined by adopting such rate of interest as may be prescribed in this behalf. thus, discount from the value of deferred consideration is contemplated by the legislature itself. ..... in dispute between the parties that, in the meantime, the petitioner as well as the purchaser had already approached the appropriate authority under section 269uc(1) of the act and the appropriate authority ultimately passed the impugned order on january 31, 1992, for the purchase by the central government of the immovable ..... ascertainment would depend upon the relevant provisions of the registration act and the stamp act that may be holding the field at the time when the document of sale is executed, and not at any prior point of time when the agreement of sale is executed. section 269ua(b)(1)(i) refers to consideration for the ..... on the same footing as stamp and registration fees by clause 14. mr. shelat, for the revenue, could not urge that such typing charges and lawyer's fees for the execution of the sale deed could be ascertained on the date on which the agreement of sale was executed ..... 18 per cent. interest from january 31, 1992, on the amount which is found to be illegally deducted by the respondents springs up for consideration. 27. as we have found earlier, the respondents are not authorised to deduct rs. 1,02,062 from the total amount found payable to the petitioner by .....

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Jun 22 1992 (HC)

Hiraben Jivanbhai Chaudhari Vs. R.C. Raval

Court : Gujarat

Decided on : Jun-22-1992

Reported in : (1993)1GLR66

..... ) of the constitution of india. the source is to be found in the power of one of the contracting parties under section 19 of the contract act to avoid the contract when the contract is obtained by fraud, misrepresentation, mistake etc. i am, therefore, of the opinion, that there is no ..... are guilty of fraud or suppression of material facts cannot be entrusted with the writ of this court and both public interest as well as maintenance of pure administration would require that such persons are terminated simplicitor.5. on the aforesaid submissions made by the learned advocates for the parties, ..... the same. the court held that if active concealment of fraud is established the contract would stand vitiated. the court referred to section 23 of the contract act and found that if the consideration of the object of the agreement is fraudulent, the agreement is rendered vitiated. the court thereupon ..... to take a positive decision as to whether he should accept the explanation of the employee or he should avoid the contract on the ground that charge of fraud, misrepresentation or mistake is made out which would entitle him to avoid the contract. in my opinion, once such a positive decision ..... is valid and things done under it cannot afterwards be undone. it, thus, becomes clear that when contract of employment is procured by the party by committing fraud or misrepresentation or by adopting fraudulent means, the transaction is voidable at the instance of other party and such a transaction can .....

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Dec 22 1992 (HC)

Khadijabibi Umar Aliya and anr. Vs. Husen Yusuf Umar Aliya and anr.

Court : Gujarat

Decided on : Dec-22-1992

Reported in : (1993)1GLR437

..... the slightest impression thereof. the society, neighbours and relations generally notice the outrageous behaviour of the husbands. but the inner story of a matrimonial household remains unrevealed to the outsiders. adopting the age-old notion that cruelty should have an open manifestation in form of violence or outrage in form of violence or outrage could be nothing but to protect the ..... below have not been satisfied that there was a divorce between the parties and that, the petitioner was a divorced woman, the provisions contained under section 4 of the muslim women (protection of rights on divorce) act, 1986, have no application.12. the conclusion, therefore, would be that the present criminal revision application succeeds, and the same requires to be allowed. accordingly ..... the wife and would definitely amount to a great mental cruelty leading to untold suffering which would work havoc on the mental and physical frame of the wife. this inhuman charge on the chastity of the wife would constitute a classic example of cruelty. a better case of cruelty both mental and physical simply appears to be unforseeable.9. cruelty, ..... filing the criminal misc. application no. 52 of 1982, against the husband, husen yusuf umar aliya for the maintenance for herself and her minor daughter. she says that, her marriage with the opponent-husband was solemnised according to muslim personal law, and that when she was in the family-way she was driven out of the matrimonial home by the opponent-husband .....

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