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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: rajasthan Year: 1992 Page 1 of about 1 results (0.045 seconds)

Apr 17 1992 (HC)

Narainsingh Vs. Amraram and ors.

Court : Rajasthan

Decided on : Apr-17-1992

Reported in : 1992(2)WLN442

..... bhura on 27.6.73 at least 15 years after the plaintiff was taken by adoption. therefore, the position becomes clear that the defendant no. 1 had no right to execute the sale deed.24. now, i take up the second limb of the argument of mr. purohit, learned counsel for the appellant regarding effect of section 12(c) of the hindu adoption and maintenance act, 1956. he ..... son of kana. on the basis of inheritance, the land in dispute entered in the name of bheru after death of kana.10. section 40 of the act, 1955 relates to succession to tenants and runs as under:when a tenant dies intestateh is interest in his holding shall devolve in accordance with the personal law to which he was subject at the ..... suit for partition against the person who was a sole surviving coparcener. before adoption proviso (c) to section 12 is not a bar to such suit. since no question of divesting the sole coparcenery of his state is involved. the joint family does not cease to be joint family when it passes to the hands of sole surviving coparcener, the said properties become ..... over the land in dispute. they further pleaded that they are bonafide purchasers without notice and with consideration. so, the sale deed cannot be cancelled after such a long time when they have spent huge amount in the improvement of the property. it was also alleged by the defendants that the civil court has no jurisdiction to try the suit as .....

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Feb 10 1992 (HC)

Smt. Puspha Vs. Mahendra

Court : Rajasthan

Decided on : Feb-10-1992

Reported in : 1992(1)WLN130

..... dismissed by the learned judge of the family court on june 18, 1989, without properly deciding the controversy. reliance was placed on the explanation given in section 2(3) to the word 'parents' in hindu adoption and maintenance act, 1956. a reply to this application was filed by the defendant mahendra and it was admitted that she was married to pusha ram; her right in the ..... remedy under section 94 of the code of civil procedure for the appropriate relief in the civil court, before which the civil suit regarding the ..... not committed any illegality in dismissing the application under section 125 cr. p.c. filed by the petitioner-appellant on the same grounds.5. it may, however, be mentioned that the appellant, if she so likes, may approach the judge, family court for the grant of maintenance under section 20(3) of the hindu adoption and maintenance act, 1956, for which she is entitled and she persue the ..... perused the order, passed by the learned lower court.4. though strictly the provisions of section 300 of the code of criminal procedure are not attracted in the case of enquiry under section 125 cr.p.c. because it is not a trial for any offence, but when an application has already been considered and enquired into and was dismissed by the learned .....

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Jun 05 1992 (HC)

Swastika Woollen Industries (P) Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Jun-05-1992

Reported in : 1992(62)ELT17(Raj)

..... made an affidavit in the high court that the policy-statements are issued under section 3 of the act. but, as we have said, that is only on information which has no support either in the form adopted or the practice followed or the matter incorporated in the notifications. we have no ..... collectors of customs; (d) assistant collectors of customs; and (e) such other class of officers of customs as may be appointed for the purpose of this act.'section 4. appointment of officers of customs. - (1) the central government may appoint such officers as it thinks fit to be officers of customs.(2) with ..... being issued the custodians have to consider the question of waiving the demurrage charges. it was also pointed out that such certificates have also been issued by the customs collector, calcutta. in this view of the matter, when the writ petitions have been partly allowed and it is found that the ..... of the imports & exports (control) act, 1947. accordingly, this restriction as has been imposed restricting the clearance to bombay and delhi is held to be arbitrary and unreasonable.27. accordingly, all these writ petitions are partly allowed, the conditions mentioned in the public notice no. 11/88, dated ..... 18th april, 1988 with regard to the norms of mutilation for importing of woollen/synthetic rags under ogl are declared to be illegal and the same will not be acted .....

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Sep 02 1992 (HC)

Goyal and Company Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Sep-02-1992

Reported in : 1992(3)WLC441; 1992WLN(UC)469

..... summary manner and regular assessment proceedings are yet to take place.2. the submission of learned counsel for the appellant is that the remedy provided under section 132(11) of the act is not a bar to maintenance of a writ petition. it is submitted that the said order has been passed without giving reasonable opportunity to the petitioner and that the notice ..... . a. karim and sons v. ito : [1984]149itr172(ker) , wherein the material collected and the person examined were not confronted to the assessee and it was held that the procedure adopted by the income-tax officer is unfair, unjust and unreasonable and violates all canons of fair play and natural justice.5. reliance has also been placed on the judgment in ..... that the alternative remedy is not a bar to entertaining the writ.7. it has further been submitted that the supreme court in dr. smt. kuntesh gupta v. management of hindu kanya mahavidyalaya, air 1987 sc 2186, has held that the writ petition is maintainable and is not barred because of availability of alternative remedy as the authority had no power ..... order passed, suffice to say that all objections raised by the petitioner could be considered by the commissioner under section 132(11) of the act. any finding given by the income-tax officer is not binding when regular assessment is made. the order under section 132(5) is passed for retention of the assets seized if there is a possibility of the tax liability .....

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Sep 02 1992 (HC)

Goyal and Company Vs. Union of IndiA.

Court : Rajasthan

Decided on : Sep-02-1992

Reported in : (1994)121CTR(Raj)511; [1994]209ITR332(Raj)

..... a summary manner and regular assessment proceedings are yet to take place.the submission of learned counsel for the appellant is that the remedy provided under section 132(11) of the act is not a bar to maintenance of a writ petition. it is submitted that the said order has been passed without giving reasonable opportunity to the petitioner and that the notice ..... . a. karim and sons v. ito : [1984]149itr172(ker) , wherein the material collected and the person examined were not confronted to the assessee and it was held that the procedure adopted by the income-tax officer is unfair, unjust and unreasonable and violates all canons of fair play and natural justice.reliance has also been placed on the judgment in mangilal ..... held that the alternative remedy is not a bar to entertaining the writ.it has further been submitted that the supreme court in dr. smt. kuntesh gupta v. management of hindu kanya mahavidyalaya : 1987(32)elt8(sc) , has held that the writ petition is maintainable and is not barred because of availability of alternative remedy as the authority has no power ..... order passed, suffice to say that all objections raised by the petitioner could be considered by the commissioner under section 132(11) of the act. any finding given by the income-tax officer is not binding when regular assessment is made. the order under section 132(5) is passed for retention of the assets seized if there is a possibility of the tax liability .....

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Oct 07 1992 (HC)

Vijai Singh Vs. Rajasthan State Road Transport Corpn. Ltd.

Court : Rajasthan

Decided on : Oct-07-1992

Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577

..... the supreme court while dealing with an order passed by the central government, in exercise of its appellate powers under section 111(3) of the companies act, 1956, quashed the appellate order of the central government and observed: 'if the central government acts as a tribunal exercising judicial powers and the exercise of that power is subject to the jurisdiction of this court under ..... the courts, there is every danger of the entire system being destroyed. a good number of people who belong to the category of 'haves' in the society, have started adopting extraneous means for achieving their objectives and for vindication of their rights instead of availing remedies in the courts. likewise in the matter of rent and eviction people have started ..... m. lall, air 1948 pc 121, and observed: (7) 'punishment is imposed on the civil servant when some charges are proved against him. these charges constitute the 'acts or omissions on his part' for which punishment is proposed. the reasoning by which it is held that the charge or charges have been proved against the civil servant constitute the 'grounds on which it is proposed to ..... of the police officer was declared as void because the adjudicating officer was in possession of a report of a board of inquiry which made charges of misconduct but which was not available to the police officer. 27. in shareef v. commissioner for registration of indian and pakistani residents (1966) ac 47, a decision of industrial injuries commissioner was set aside .....

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