Court : Mumbai
Decided on : Feb-19-1991
Reported in : 1991(2)BomCR336; (1991)93BOMLR1004; II(1991)DMC548
..... to the wife and it is in this connection this court has observed that there is no inconsistency between the provisions of section 25(1) of the hindu marriage act and those of section 18 of the hindu adoptions and maintenance act, 1956.25. relying on these two decisions, in rajeshbai's case, this court has observed that even after rendering a decree of ..... rights of the suit property.14. the learned judge held, as far as the appellant no. 1 - vaijayanta is concerned, that the claim to maintenance under section 18 of the hindu adoptions and maintenance act, 1956, can be recognised only in respect of a legally wedded wife and is not extended to any other woman under any circumstances. the learned judge came ..... defendant-keru gangarde-deceased, now at the hands of the present respondents and the concerned revenue officer is directed to create such a charge by making the necessary mutation in the record of rights of the suitable property of village mandali tq. karjat dist. ahmednagar in accordance with the provisions of sections 26 and 27 of the hindu adoptions and maintenance act, 1956. ..... of the criminal procedure code in the aid of interpretation of the provisions of section 18 of the hindu adoptions and maintenance act, 1956. the distinction between the right of interim maintenance and permanent alimony under the hindu marriage act on one hand and the right recognised in favour of a wife under the hindu adoptions and maintenance act, 1956, on the other hand, has to be kept in mind and .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-30-1991
Reported in : AIR1992Bom189; 1991(3)BomCR165; (1991)93BOMLR817; 1991(2)MhLj1470
..... was lunatic on the date of adoption, it cannot be said that the adoption was invalid on that count. section 6 of hindu adoption and maintenance act speaks about the conditions for valid adoplion. the relevant is section 6(3) which is as follows :'the person adopted is capable of being taken in adoption.'section 10 of the said act mentions the persons who may be adopted or who are capable of being ..... have a right over it,'therefore according to the said division bench when a member of coparcenary governed by mitakshara school is given in adoption, his undivided interest in the coparcenary property would continue to vest in him . even after adoption by reason of the proviso (b) to s. 12 of hindu adoptions and maintenance act. the property vests in a coparcener by birth and hence he ..... action for the suit for partition and separate possession arose on the date of death of father of devgonda. it was no! necessary for the plaintiff to wait till then when according to him it was joint family property. further even this was not pleaded as cause of action. therefore art. 113 was not at all attracted. in my view the ..... the plaintiff of one dr. r. v. shirvaikar who has stated that devgonda was suffering from catatonic schizophrenia. he has further stated that devgonda was treated for his schizophrenia during 1956 and in 1957. he has stated in his evidence as follows :'schizophrenia is a severe type mental disorder which sometimes amounts to insanity as is understood by layman. the variety .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-07-1991
Reported in : AIR1991Bom440; 1991(2)BomCR501; (1991)93BOMLR854; I(1993)DMC405; 1991(1)MhLj754
..... dismissed.the division bench of this court consisted of vaidya & lentin, jj. in the case of shakuntalabai v. sahebrao, reported in 1976 mah lj 512, while considering the provisions of section 18 of the hindu adoption and maintenance act, 1956 (the act of 1956) observed that the word 'decree' could only mean a final order of adjudicating upon the rights of the parties to a petition under the ..... has not satisfactorily established her claim for permanent alimony.it is not disputed on record that the parties were married on 22-2-1969. respondent delivered first child vinod on 27-4-1971, second child dinesh on 13-6-1974 and daughter rajkumari on 21-8-1975.according to the respondent wife, the appellant-husband has affairs with one lady named ..... is a social piece of legislation. it aims to provide a solace to either of the spouses when their marriages have been in turmoil. a wife resisting a claim of divorce put forth by a husband, even on her failure is entitled to claim a maintenance. the right of either spouse in this regard is not made dependent on success or failure ..... ) in case of change in the circumstances of the party which were prevailing at the time of passing the initial order. sub-sec. (3) further provides another contingency when the trial court can interfere with the initial order of granting maintenance. taking these aspects together, i find sufficient guidelines. i am, therefore, unable to agree with the submission of mr. soochak.mr. soochak .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-06-1991
Reported in : 1992CriLJ1262; I(1994)DMC410
..... is true that an application for alteration of the amount awarded could have been and could be made by the wife and child in the civil court under section 25 of the hindu adoptions and maintenance act. whether that remedy is by way of an application for alteration or a separate suit is not so very relevant at this stage. however, even if either of ..... in murlidhar chintaman waghmare v. pratibha murlidhar waghmare 1985 mah lj 958 : 1986 cri lj 1216. there, the suit filed by the wife under the hindu adoptions and maintenance act claiming maintenance came to be dismissed. thereafter, an application under section 125 of the code of criminal procedure was filed which was resisted by the husband on a similar contention raised herein. the court held that ..... came to be dismissed. the submission made on behalf of the applicant is that in view of the decision of the civil court awarding maintenance to the wife and the child under the hindu adoptions and maintenance act, the application under section 125 of the code of criminal procedure was barred. it has to be noted in a suit filed in 1976 and decided in 1978 ..... civil court directing a certain sum to be paid for maintenance does not, oust the jurisdiction of a magistrate in a proper case to make an order under section 488. of course, the existence of such a decree is relevant when the magistrate is considering what form of order he should make under section 488 and the magistrate should make it clear in his .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-05-1991
Reported in : (1991)93BOMLR716; 1992CriLJ1919; 1992(1)MhLj165
..... revision ramchandra for the first time questioned the validity of the adoption. his contention was that the age difference between him and rakhamabai at the date of adoption was that in contravention of the standard prescribed u/s. 11 of the hindu adoptions and maintenance act 1956. the learned sessions judge has pointed out that the adoption had not been challenged before the magistrate. still, he permitted ..... that rakhamabai has contracted a second marriage or has taken to an unchaste life. married woman using their maiden surnames is not the equivalent of unchastity disentitling them to maintenance under section 125 of the code. the argument is that even if it be not a disqualification, the same can be taken in conjunction with rakhamabai's staying away from her ..... respect to the learned judge, i think, it was an error on his part to allow production of documentary evidence when the stand taken in the pleadings did not warrant the assailing of the adoption. true, rukhamabai was claiming maintenance under the code and it is well settled that in the matter of criminal cases pleadings are not to be strictly ..... the rules of pleadings as apply to civil proceedings are not to be totally disregarded when dealing with applications under chapter ix of the code. section 126(2) provides for reception of evidence by dispensation with the personal attendance of the person against whom an order for maintenance is to be made. of course, the dispensation with personal attendance is because of .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-30-1991
Reported in : AIR1991Bom315; (1991)93BOMLR567; I(1992)DMC133
..... true that the said division bench decision is in a letters patent appeal arising out of the wife's application in forma pauperis for a permanent alimony under section 18 of the hindu adoptions and maintenance act after the husband's petition for divorce on the ground of adultery wasdismissed. after discussing the cases cited before it, the division bench observed thus at page 143 ..... ) it is further directed that in respect of the said payment of the amount of rs. 1000/-per month to the wife and the two sons, there shall be a charge on the properties of the appellant/ husband. (v) the parties are at liberty to take such proceedings as they deem fit in the event of a change in the circumstances ..... be entitled to make an application for permanent alimony even when the husband's petit ion for divorce is being dismissed under section 27 of the special marriage act. the objection of shri lanke will have, therefore, to be overruled. the petition filed by the husband was for a relief under section 27 of the special marriage act. section 27 occurs in chapter vi dealing with the nullity of ..... rs. 1000/- per month to the wife and two sons, there shall be a charge on the property of the appellant-husband.stand over to 18-1-1991; 2-1-199130-1-1991.resumed; 30-1-1991. 27. apart from the above the scheme of provisions of sections 37 and 38 does contemplate a subsequent application being made in the event of a .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-11-1991
Reported in : II(1991)DMC31
..... respect, is not applicable to the facts of this case before me. that was a. case in which an application for maintenance under the provisions of hindu adoptions and maintenance act, 1956 was filed by wife and she made an attempt to get maintenance under section 125 of the code of criminal procedure by filing an application and it is in such circumstances that the learned judge observed ..... right to be maintained by him. in fact, it was all the more so when the decree for judicial separation on the ground of desertion was passed. she has to make amends and go and stay with her husband, otherwise she would forfeit her right to claim maintenance from him. as against this, if there is a decree for divorce, there is ..... has left her husband without reasonable cause and against his wish and without his consent, it is plain and simple that she has refused to live with her husband without any sufficient reason and, therefore, the wife is not entitled to receive maintenance under section 125. the ..... note reads: 'where on a petition by the husband for judicial separation under section 10 of the hindu marriage act on the ground that the wife had deserted the petitioner, a decree for judicial separation is passed, the wife is not entitled to claim maintenance under section 125 of the criminal procedure code. when the civil court has determined the issue of desertion and held that the wife .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-1991
Reported in : 1992CriLJ2106
..... nor progress'. andrews v. andrews (1903) 188 us 14; maynard v. hill (1888) 125 us 190; 31 law ed 654 (h)'. 17. section 23(2) of the hindu marriage act, 1955, casts on the court the duty, in the first instance, in matrimonial cases, where it may appear that there may be chance of saving ..... with marriage. the relation once formed, the law steps in and holds the parties to various obligations and liabilities. it is an institution, in the maintenance of which in its purity the public is deeply interested, for it is the foundation of the family and of society, without which there would be ..... status of one depends upon the existence and livelihood of the others, to what extent is competition between the two justifiable is a matter to be adopted in a solitary sitting. 15. normally, it is expected that the husband and the wife should always treat each other in such a manner that ..... ipc to that u/ss. 325/34, ipc and sanctioned the compounding of the offence as the parties had settled their differences and acquit ram shanker of the charges framed against him. in another case of mainuddin v. state of uttar pradesh, : (1982)3scc367 (2), their lordships granted permission to the parties before ..... court and counsel owe a duty to society to strain to the utmost to repair the snapped relation between the parties. this task becomes more insistent when an innocent off-spring of the wedding struggle in between the disputed parents. it means reconciliation is a joint process or endeavour by the courts and .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-23-1991
Reported in : 1991(4)BomCR585; 1992CriLJ2605
..... the decision of the application on merits is a summary proceeding. therefore, it would not amount to prejudging the issue on merit while granting the interim maintenance. provisions of section 24 of the hindu marriage act, has discussed in a case of gangu pundlik vaghmare v. pundlik maroti waghmare, : air1979bom264 . his lordship observed that (at page 266 of air) : 'it is presumed that the ..... high court, then to such a case the provisions of s. 482 would not apply. it is well settled that the inherent powers of the court can ordinarily be exercised when there is no express provision on the subject-matter. where there is an express provision, barring a particular remedy, the court cannot resort to the exercise of inherent powers.' their ..... on the matter in issue. an intermediate order is one which is made between the commencement of an action and the entry of the judgment. an order framing of the charge being an intermediate order falls squarely within the ordinary and natural meaning of the term 'interlocutory order' as used in s. 11(1) of the ..... to achieve not only speedy determination but a determination with the utmost despatch. therefore, the provisions of the act must be interpreted so as to eliminate all possible avenue of delay or means of adopting dilatory tactics by plugging every possible loophole in the act through which the disposal of the case may be delayed.' 'in order to construe the term 'interlocutory', it .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-02-1991
Reported in : (1992)43ITD237(Mum.)
..... allowance for machinery used for scientific research, the whole cost of which was allowed in the assessment year 1982-83 under section 35(2)(ia) of the act. the assessee's claim that proviso (d), to section 32a(1) would apply when both the deductions are in one year and not in a case where whole of the actual cost was allowed as a ..... tax payer and the revenue and the method must be one recognised by the accountancy practice and sanctioned by commercial practice. it was further held that, if however, the method adopted does not result in the determination of the true and correct profits for tax purposes even of one year, the department would be entitled to reject such a method. in ..... proviso to rule 6aa(c) is inserted to find expenditure relating to the export turnover. a rough and ready method is provided to deduce the expenditure relatable to export by adopting a proportion of export sales to the entire turnover of the assessee. it, therefore, applies to the expenditure of mixed nature. it should not be invoked in a case where ..... , the restriction contained in the proviso to rule 6aa(c) applies only to expenses for the maintenance of laboratory or other facilities and not to inspection charges, 12. the learned departmental representative, submitted that rule 6aa provides for deduction of expenditure incurred by the assessee on maintenance of laboratory and other facilities which is for the quality control or inspection of such goods .....Tag this Judgment!