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 : Supreme Court of India
Decided on : Feb-15-1991
Reported in : (1991)93CTR(SC)256; 188ITR803(SC); JT1991(1)SC494; 1991(1)SCALE236; (1991)2SCC299; 1SCR448
..... reason of the husband's failure to act upto his statutory obligation to maintain his wife (see section 18(1) of the hindu adoptions and maintenance act, 1956). the wife is of course a sharer of the assets left behind by her husband (see section 8 of the hindu succession act, 1956). this claim was also, in our ..... reason of the charge created by section 74 of the act and that duty has to be deducted from the total value of the estate which is subjected to the levy of duty in terms of section 5. counsel further submits that the amount attributable to the maintenance of the wife ..... : 111itr365(guj) (gujarat), : 127itr642(all) (allahabad) : 132itr871(mad) , (gauhati), : 186itr29(bom) (bombay). this conclusion was adopted by the andhra pradesh high court in controller of estate duty estate of late omprakash bajaj : 110itr263(ap) and it was that decision which was followed by that high ..... property which passes to any person (other than the legal representative of the deceased) on the death of the deceased shall be a first charge on such interest:provided that the property shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.(3 ..... a death ...' per lord loreburn, l.c., winans and anr. v. attorney general  ac 27. the levy is upon the principal value of such property ascertained as provided under the act. property changes hands at the time of the death, by reason of the death, and, therefore, subsequent .....Tag this Judgment!
Court : Chennai
Decided on : Jan-03-1991
Reported in : AIR1991Mad323; 1991CriLJ2722
..... a largenumber of cases including nemai chand jain v. lila jain : air1968cal405 , and century flour mills ltd. v. s. subbiah : air1975mad270 , and in a case under section 18 of the hindu adoption and maintenance act on the question of interim maintenance, a learned single judge of this court in the case of d. udayar v. raja rani ammal : air1973mad369 has said (at p. 371 of air ..... kinger (1967) 3 all er 141. i cannot find anything in these cases which justifies the conclusion that, in a case like this, there can be any conceivable question of charging either the mother or the son with contempt of court.' therein learned judge made a further relevant observation. 'counsel for the council has fought doughtily, wielding general propositions based on ..... restriction upon the jurisdiction of the court in this regard will render the constitutional protections under articles 215 and 225 of the constitution aforequoted and afore discussed ineffective and unenforceable. when then however be the consideration that will induce the court to resort to such jurisdiction will depend upon the nature of the injury, its seriousness and the threat it created ..... finally decided to preserve the property in dispute in status quo.58- our attention has been drawn to several provisions of the memorandum of association including clause (c) of article xxvii thereof which states,'the association may sue or be sued in the name of the secretary general, 10a -- a law suit can only he filed at new delhi, the headquarters .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-1991
Reported in : (1993)ILLJ365Mad; (1991)IIMLJ329
..... writ petition. it is further alleged in the affidavit that while so, the workers of the engineering unit a tiruvottiyur, without any provocation, started adopting go-slow tactics from september 25, 1990, that the third respondent had some negotiations with the management about the bonus and charter of demands. it ..... c. kannan v. superintendent of police, cannanore 1974 i llj 83 and also refers to various provisions under sections 22(2), 25(2), 26(2) and sch. v of the industrial disputes act. sri k. chandru, the learned counsel for the third respondent-union, vehemently contends that what the petitioner- ..... continued throughout the first three weeks of october 1990, that under some pretext it declared an illegal 'lockout' with effect from october 30, 1990 when the negotiations were continuing and the workers were reporting for work every day. it is further claimed in the counter-affidavit that the third respondent ..... authorities, the petitioner-compoany has ample means to pay them the monetary benefits. 5. notice of motion has been ordered by me on december 27, 1990. 6. a counter-affidavit has been filed by the third respondent stating that the writ petition seeking for a direction for direction for ..... plant to increase its capacity from 1250 tcd to 2500 tcd in or about february 1989, that the total cost of the order was rs. 27.40 crores, that the project is financed by various financial institutions, that the engineering unit had already supplied machineries, that the erection of the .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-10-1991
Reported in : ILR1991KAR352; 1991(1)KarLJ240
..... to or may undertake to perform. another limit and guide-line is provided by the necessity of adopting budget estimates each year as laid down in section 109 of the act. the budget will show the revenue and expenditure and these must balance so that the limit of taxation ..... and disposal of sewage, offensive matter and rubbish and, the preparation of compost manure from such sewage, offensive matter and rubbish; (4) the construction, maintenance and cleaning of drains and drainage works and of public privies, water closets, urinals and similar conveniences; (5) the lighting of public streets, municipal ..... of the karnataka health and family planning services not below the rank of a joint director, an officer of the secretariat department in-charge of urban development not below the rank of a deputy secretary to government, two persons who are members of the karnataka state legislature, ..... precisely because the municipal body is discharging its non-regal functions, that it levie? and collects imposts in lieu of the service rendered. when such functions are not assigned at all to the b.d.a., the collection of such taxes would be without the authority of law. ..... of public parks, gardens, play-grounds and recreation grounds; (26) the regulation of lodging houses, camping grounds and rest houses in the city; (27) establishing and maintaining compost plants for disposal of sewage; (28) supplying, constructing and maintaining in accordance with the general system approved by the corporation, .....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 : Punjab and Haryana
Decided on : Jan-16-1991
Reported in : II(1991)DMC467
..... singh. husband in this first appeal challenges judgment and decree of the district judge dated november 10, 1987 dismissing his petition filed under section 13 of the hindu marriage act. the petition was filed on the grounds namely, cruelty on the part of the respondent and desertion. marriage between the parties took place ..... the respondent wife that the present divorce petition was filed in order to frustrate the purpose of the application filed by smt. suresh for maintenance. the appellant is not entitled to the relief even on the ground of delay which remains unexplained.21. for the reasons-recorded above, ..... him about it. such evidence, being hearsay is not helpful in deciding the case. further- more, this witness had earlier appeared in the maintenance case for the husband. even in that statement, he had not stated that surinder singh had informed him that his wife was insisting that she ..... her istridhan. since, her parents were poor, unable to maintain her, she was residing with her maternal uncle. she filed an application for maintenance under section 125 of the code of criminal procedure. the present petition filed by the husband surinder singh was counter-blast to frustrate her application aforesaid. ..... to july 21, 1982. she left the house without knowledge of the petitioner in his absence on that date. when family members of the petitioner objected to the same, she adopted a defiant attitude and abused them. on september 30, 1982, the husband brought his wife back to his house .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-16-1991
Reported in : II(1991)DMC609
..... singh. husband in this first appeal challenges judgment and decree of the district judge dated november 10, 1987 dismissing his petition filed under section 13 of the hindu marriage act. the petition was filed on the grounds namely, cruelty on the part of the respondent and desertion. marriage between the parties took place ..... to july 21, 1982. she left the house without knowledge of the petitioner in his absence on that date. when family members of the petitioner objected to the same, she adopted a defiant attitude and abused them. on september 30, 1982, the husband brought this wife back to his house ..... istridhan. since, her parents were poor, unable to maintain her, she was residing with her maternal uncle. she filed an application for maintenance under section 125 of the code of criminal procedure. the present petition filed by the husband surinder singh was counter-blast to frustrate her application aforesaid. ..... informed him about it. such evidence, being hearsay is not helpful in deciding the case. furthermore, this witness had earlier appeared in the maintenance case for the husband. even in that statement, he had not stated that surinder singh had informed him that his wife was insisting that ..... the respondent wife that the present divorce petition was filed in order to frustrate the purpose of the application filed by smt, suresh for maintenance. the appellant is not entitled to the relief even on the ground of delay which remains un-explained.22. for the reasons recorded above .....Tag this Judgment!
Court : Delhi
Decided on : Jan-18-1991
Reported in : 43(1991)DLT490
..... , kumari deepa is neither a necessary nor a proper party for proper adjudication of the matter inasmuch as since kumari deepa has not been adopted legally as contained in section 11 of the hindu succession and maintenance act. being aggrieved from this order the plaintiff-petitioner, smt. saroj bhutani, has filed this revision petition. (5) the revision petition has been opposed by mr. jaitley, ..... counsel for the respondent. he has submitted that kumari deepa has not been adopted by the petitioner-plaintiff and the learned judge has rightly held that the adoption of ..... suit, the plaintiff, smt. saroj bhutani filed an application dated 7th november, 1989 under order i rule 10 read with order 6 rule 17 and section 151 of the code of civil procedure, 1908 that she has adopted kumari deepa, then aged about 8 years, daughter of her brother shri r.k. khanijow, as her daughter on 11.7.1989 to her ..... mahia, sub judge 1st class, delhi whereby he has disallowed the application made by the plaintiff, namely smt saroj bhutani for impleading kumari deep, who is alleged to have been adopted-during the pendency of the suit by her. (2) the facts giving rise to the revision petition are that the husband of the present plaintiff, shri 0m prakash bhutani, originally .....Tag this Judgment!
Court : Delhi
Decided on : Jan-25-1991
Reported in : 43(1991)DLT394; 1991(20)DRJ236
..... effect should be given to it or not.'(27) in amireddi raja gopala rao v. amireddi sitharamamma, : 3scr122 , the question was as to whether illegitimate son of a sudra from brahim concubine and the concubine are entitled to maintenance from the estate of the deceased and whether their rights were affected by hindu adoptions and maintenance act, 1956. the provisions of s. 4, s. ..... legislature expressly provided an exception of its application to those cases pending but no such, exception was carved out in section 26(b). it was .observed that when legislature, acts a particular point of time in legislating two provisions in the same act, and in one retrospective effect is a voided by making an exception and in the other drastic consequences are contemplated ..... the period of 10 years from the dale on which its construction is completed except as provided in various provisions mentioned in sub-section (2) and sub-section further made provisions as to when construction would be considered to be completed. section 39 of the act provided for pending suits for eviction relating to buildings, brought under regulation for the first time. this ..... 26, 1950 and its commencement or where he acquires such nationality after its commencement. the case turned on the language of section 9(2) and rule 30. section 9(2) provided that if any question arises as to whether, when and how any person has acquired the citizenships of another country, it shall be determined by such authority ?'n such manner .....Tag this Judgment!