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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Sorted by: old Court: delhi Page 1 of about 303 results (0.106 seconds)

Jul 28 2000 (HC)

Ravi Singhal and Others Vs. Manali Singhal and Another

Court : Delhi

Reported in : II(2000)DMC732

..... the plaintiffs/respondents that the suit has not been laid for claiming maintenance under the provisions of hindu adoptions and maintenance act, 1956. as such there is no question of applicability of section 23(1) of the hindu adoption and maintenance act. on a plain reading of the plaint, it can be seen that it is not a suit for maintenance but a pure and simple suit seeking enforcement of the settlement ..... plaintiff. it is also well settled that when a coparcener's wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenery by a decree of the court.' 26. full bench of andhra pradesh in ganta kondamma vs . ganta seethamma : air1973ap319 held that the hindu adoptions and maintenance act has undoubtedly brought about some material and ..... is inconsistent with the provisions of the act. 27. similar view was taken by a division bench of rajasthan high court in dhanraj jain vs . smt. suraj bai that the hindu adoptions and maintenance act codifies and amends the law of adoption and introduced radical changes in the prior law. section 4 of the act gives overriding effect to the provisions of the act. however, a codifying statute does not .....

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Jan 16 2009 (HC)

Radhika Narang and ors. Vs. Kuldeep Narang and anr.

Court : Delhi

Reported in : 156(2009)DLT637

..... on behalf of the minor children. in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. narula submitted that the minor children acquire an independent right of ownership by birth in ..... the property belonging to the husband and hence all its members are also liable to maintain the plaintiff.15. it is also well settled that when a coparceners wife has a right of maintenance it can be made the subject matter of a charge on the property of the coparcenary by a decree of the court. mr. naik, submitted that the right of ..... wives and their children. (see manusmriti chapter 9, section 108; naradasmriti chapter 13, sections 26,27, 28 and 33, mulla's hindu law, 13th edition 1974 para 543 page 591).14. obligation to maintain these persons arises from the fact that the manager is in possession of the family property (see kamlamal v. venkatlaxmi). the hindu adoptions and maintenance act has no doubt provided for the personal liability .....

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Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....

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Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right. 27. as held by this court, if the acquisition of the property attracts subsection ( .....

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Apr 04 2018 (HC)

Paramjit Anand vs.mohan Lal Anand (Since Deceased) Through Lrs & Ors.

Court : Delhi

..... her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956. she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchasers for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... s case (supra) had a pre-existing right to maintenance under the hindu adoptions and maintenance act when the property was given to her for maintenance. i would like to note that the provision of hindu adoptions and maintenance act which is not stated in para 29 is the provision of section 18 of the hindu adoptions and maintenance act which gives right to the wife for maintenance from the property of her husband. second line of ..... those who take the estate. it is seen that neither section 18 relating to a wife nor section 21 dealing with a widow, provides for any charge for the maintenance on the property of the husband. to the contrary, section 27 specifies that a dependant's claim for maintenance under that act, shall not be a charge on the estate of the deceased unless one would have been created .....

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Jan 09 1967 (HC)

Bal Diwakar Hans Vs. Delhi Administration and ors.

Court : Delhi

Reported in : 3(1967)DLT172

..... that no order of detention was served upon the petitioner either citing the preamble or the conclusion of facts as required under section 3 of the preventive detention act at the time when he was arrested and that it was only after a week or so of his arrest that the petitioner came to know that ..... ban on cow slaughter in the country through a central legislation is also, according to the learned counsel, too remtoe and wholly irrelevant for the purpose of maintenance of public order. (7) the last ground viz. ground no. (viii) which states that on death of rishi brahamchari on 30th november, 1966, the ..... is also nto an activity which by itself can be considered to be prejudicial to the maintenance of public order in delhi so long as it remains within legal bounds. (6) ground no. (vii) which charges the petitioner with having taken an active part in the meeting of the working committee of ..... making inflamatory statements, is according to the learned counsel, as vague as it could be. the city of delhi comprises a large area with a hindu population of over 20 lakhs. the ground gives no particulars as to in which particular part of this vast city, at what time and to whom ..... i) (a) (ii) of the act or suffers from vagueness, the order of detention is illegal and the detenu is entitled to be released. (10) i am nto unmindful of the fact that the activities of some of the reformist organisations, especially the agitational approach adopted by the organisations and individuals clamouring for .....

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May 16 1967 (HC)

Ashok Ratti Lal Trivedi Vs. Anjani Madhusudan Oza

Court : Delhi

Reported in : 4(1968)DLT235

..... whether the plaintiff- wife in that case was entitled to maintenance from the husband. since an argument was put forward before the learned judges with reference to sections 5(1), ii and 25 of the hindu marriage act and section 18(1) of the hindu adoptions and maintenance act that although a woman may nto be a wife in the ..... arthur malcolm. lloyd v. kathleen lloyd. thus at the time when the hindu marriage act, 1^55, was passed the position with regard to the law in england and under the indian divorce act was that an order for payment of permanent alimony and maintenance could be made even in cases for nullity of marriage and ..... the decree the man and the woman lose the status of husband and wife, and since an order for permanent alimony and maintenance can be passed only at the time when a decree of nullity is passed or subsequent thereto, it cannto be stated that such an order is passed only by virtue ..... the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) if the court is satisfied that there is a change in the circumstances of either party at any ..... whether he was entitled to the bequest. the contention was at even though the daughter married defendant, the marriage was dissolved and consequently at the time when the daughter died the defendant was nto her husband and consequently he was nto entitled to the bequest. this contention was negatived by fry j. who .....

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Oct 09 1967 (HC)

Chinti Etc. Vs. Daultu Etc.

Court : Delhi

Reported in : AIR1968Delhi264; 4(1968)DLT444

..... such possession, taking the word 'possession' in its widest conntoation, when the act came into force, the section would nto apply.' in our opinion, the view expressed above is the correct view as to how the words 'any property possessed by a female hindu' should be interpreted. in the present case if the adoption was invalid, the full owner of veerappa's estate was his ..... , c.j.(1) the following question has been referred by andley, j. for answer by this bench:--'whether a gift made before the commencement of the hindu succession act, 1956, by a widow at a time when she was a limited owner having only a life estate in favor of her daughter remains a gift only for the life time of the widow or ..... a relative or nto, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any toher manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. (2) ntohing contained in sub-section ..... acquired before or after the commencement of this act, shall be held by her as full owner thereof and nto as a limited owner. explanationn - in this sub-section 'property' includes btoh movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether .....

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May 02 1968 (HC)

Nanak Chand Benarsi Das and ors. Vs. Chander Kishore and ors.

Court : Delhi

Reported in : AIR1969Delhi235; 1969CriLJ965

..... now remains to consider the last contention of the learned counsel for the respondent. the contention is based on section 20 of the hindu adoptions and maintenance act, 1956 which came into force on 21st december, 1956. the section reads:--'(1) subject to the provisions of this section a hindu is bound during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her ..... right to refuse to maintain the petitioners, we cannto help expressing our strong disapproval of the conduct and behavior of the petitioners in maligning their own father and bringing a charge of adultery against him visa-vis smt. bimla devi who has been held by the learned magistrate to be his lawfully wedded wife and who admittedly brought them up for ..... . 50/- each as ordered by the learned addl. sessions judge, so long as they are pursuing their educational career with liberty to apply for enhancement of the allowance if and when necessary, consistently with the provisions of the code of criminal procedure.74. the result of our decision is that the reference made by the learned addl. sessions judge recommending enhancement ..... his account'26. it may be mentioned here that the girl anita to whom maintenance had been awarded in the last mentioned case was above 18 years of age. the argument that she was major and, thereforee, nto a child was repelled by the learned judges.27. in bombay, the view taken by beaumont c. j. and wassoodew j. in ahmed shaikh .....

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