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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Year: 1992 Page 3 of about 33 results (0.210 seconds)

Sep 02 1992 (HC)

Sapna Jacob, Minor Vs. the State of Kerala and ors.

Court : Kerala

Decided on : Sep-02-1992

Reported in : AIR1993Ker75

..... community.6. it is also important to note the definition of the expression 'hindu' in the various enactments such as hindu marriage act, hindu adoptions and maintenance act and hindu succession act. in all these enactments the expression 'hindu' has been defined in the same manner. under explanation to section 2 of the hindu succession act, it is stated that the following persons are hindus, buddhists jainas or sikhs ..... to which such parent belongs or belonged;(c) any person who is a convert or reconvert to the hindu, buddhists, jaina or sikh religion.the petitioner at the most can claim to come under explanation (b) of section 2 of hindu succession act. but in order to avail the benefit of that clause it must be further proved that she was ..... and that these different approaches are not only compatible with each other, but are complementary'. (41) the constitution-makers were fully conscious of this broad and comprehensive character of hindu religion, and so, while guaranteeing the fundamental right to freedom of religion, explanation ii to article 25 has made it clear that in sub-clause (b) of clause ( ..... to be worshipped is large, that in deed is the distinguishing feature of hindu religion. this definition brings out succinctly the broad distinctive features of hindu religion. it is somewhat remarkable that this broad sweep of hindu religion has been eloquently described by toynbee, says toynbee: 'when we pass from the place of social practice to the place of intellectual outlook .....

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Apr 22 1992 (HC)

Kapila Pradhan and ors. Vs. Parcha Pradhan and ors.

Court : Orissa

Decided on : Apr-22-1992

Reported in : II(1992)DMC393

..... the petitioners.4. mr. mahakud, learned counsel for the petitioners submitted that step son is not liable to maintain step-mother in view of section 20 of the hindu adoption and maintenance act, 1956 since the widow has a daughter who is married and is living whose liability it is to maintain her. there being no liability under the ..... . snehalata dei).6. grant of interim maintenance under section 125 cr.p.c. is now settled by the supreme court in the decision reported in a.i r 1986 s c 984 smt. savitrt v. ..... (k. venkatarathen v. kokinde kamala), where it has been heid that in case of controversy relating to the liability to maintain, no interim maintenance ought to be granted under section 151 c.p.c. the said decision has also been followed in a.i.r. 1977 orissa 96 (ramchandra behera and others v. smt ..... is stated by mr. mahakud that land measuring seven acres is in possession of the plaintiff and accordingly, she is not entitled to maintenance. it is submitted that besides the income from the land plaintiff has also a shop where from she earns income and is therefore not entitled to ..... are liable to maintain the widow, if the circumstances so call for. in such circumstances, when there is allegation that defendant no. 1 is in possession of the property given to the widow by her husband towards maintenance in lieu of being maintained by the step son, i am inclined to hold that grant .....

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Nov 11 1992 (HC)

Suba Transport Co. and anr. Vs. Phiroze Sethane Pvt. Ltd.

Court : Mumbai

Decided on : Nov-11-1992

Reported in : 1993ACJ77

..... by the division bench in the matter of hindu adoption and maintenance act and the hindu succession act and according to me the observations and the ratio of this case are of no use for interpreting the word 'property' as used in section 110(1) and section 110-a (1)(aa).27. in view of the aforesaid findings of mine ..... and circumstances of this case, because in that case the accident took place on 23rd february, 1981, when the provisions of section 110 and section 110-a were different as the amendments to the aforesaid sections were introduced in 1979 and, therefore, the ratio of that case cannot be made applicable to the ..... application made by the respondent, the respondent claimed the damages as under:(1) new cable purchased rs. 10,500/-(2) octroi rs. -(3) tempo hire charges (conveyance) rs. 200/-(4) installation bill from m/s. anil electricals rs. 3,180/-(5) loss of production for2 days due to suspen-sion of ..... to the property is exceeding rs. 2,000/-, then the claimant has option to refer the claim to the civil court for its adjudication and when such reference is made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim in the said case since the ..... was driven rashly and negligently. it was contended on behalf of appellant no. 1 that the vehicle was driven with a reasonable speed. however, when the vehicle came near the spot where the accident took place, the driver of the vehicle saw an electric cable overhanging on the road. thinking .....

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Mar 04 1992 (HC)

Rabindra Sahoo Vs. Pushpa Rani Sahoo

Court : Orissa

Decided on : Mar-04-1992

Reported in : II(1992)DMC397

..... 13 c.p.c.2. opposite party is wife of petitioner. she filed a suit for maintenance to enforce her right under the hindu adoption and maintenance act, 1956, suit was decreed ex-parte directing payment of rs. 400/- per month towards maintenance and rs. 100/- per month towards separate residence. when plaintiff did not pay the amount, defendant filed application for execution.3. thereafter, defendant filed an ..... upon petitioner to explain how the civil revision is maintainable in this court since learned counsel for opposite party raised a preliminary objection that in view of orissa act, 26 of 1991 substituting section 115 c.p.c. this civil revision having been filed on 10.1.1992 is not maintainable.5. mr. r.n. mohanty, learned counsel for petitioner submitted that ..... the nature of suit as envisaged under section 115 c.p.c. as amended by orissa act is a regular suit and matrimonial proceedings are not included therein.6. there is no specific provision in the legislation for matrimonial proceedings for revising an ..... therein would govern the proceedings. in this case, however, a suit for money was filed though it was on account of matrimonial relationship. therefore, section 115 as amended by orissa act, 26 of 1991 would be applicable. suit which is the main basis for the civil revision having been valued at rs. 30,000/-, revision does not lie to the court. .....

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Dec 11 1992 (HC)

Suba Transport Company and anr. Vs. Phiroze Sethane Pvt. Ltd.

Court : Mumbai

Decided on : Dec-11-1992

Reported in : II(1994)ACC206

..... by the division bench in the matter in hindu adoption and maintenance act and the hindu succession act and according to me the observations and the ratio of this case are of no use for interpreting the word 'property' as used in section 110(1) and section 110a(1)(aa).27. in view of the aforesaid findings of mine ..... and circumstances of this case, because in that case the accident took place on 23rd february, 1981, when the provisions of section 110 and section 110a were different as the amendments to the aforesaid sections were introduced in 1979 and, therefore, the ratio of that case cannot be made applicable to the ..... application made by the respondent, the respondent claimed the damages as under:(1) new cable purchased rs. 10,500/-(2) octroi rs.(3) tempo hire charges conveyance rs. 200/-(4) installation bill fromm/s. anil electricals rs. 3,180/-(5) loss of production for2 days due to suspensionof electricity at(rs. ..... the property is exceeding rs. 2,000/-, then the claimant has option to refer the claim to the civil court for its adjudication and when such reference is made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim. in the said case since ..... was driven rashly and negligently. it was contended on behalf of appellant no. 1 that the vehicle was driven with a reasonable speed. however, when the vehicle came near the spot where the accident took place, the driver of the vehicle saw an electric cable overhanging on the road. thinking .....

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Aug 24 1992 (HC)

B. Vasanthi Vs. Bakthavatchalu and Others

Court : Chennai

Decided on : Aug-24-1992

Reported in : AIR1993Mad322

..... parties were directed to agitate before proper court. the ratio laid down in the above decision squarely applies to the facts of the instant case. as per sec. 6 of the hindu minority and guardianship act, the father/first respondent is the natural guardian of the minor children who are admittedly above seven years. it is not in dispute that the father filed ..... . no. 111 of 1991 before the sub judge, poonamallee. the petitioner entered appearance in that petition as early as 31-1-1992. sometime later, she has also prayed for interim maintenance on the ground that she is unable to maintain herself and she is depending upon her father, while the first respondent is a person earning rs. 5,000/ - per mensem ..... out an application before the proper court for securing the custody of the children. we are not expressing any opinion in this petition about the charges levelled against the respondent by the petitioner and/or the counter charges levelled by the respondent against the petitioner.'ultimately, the writ petition was dismissed in that case. in mrs. premila devi v. r. jayachandran, (1981 ..... there is an imminent dangerto the health or safety of the minor or to hismorals, when an interim order of productionwould become necessary, parties should bedirected to proceed by way of an applicationunder the provisions of the guardians andwards act. the more appropriate, effectiveand legitimate course to be adopted by anaggrieved person, who seeks to get thecustody of his ward, is under ihe .....

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Apr 13 1992 (HC)

E. Krishna and ors. Vs. Director General, Indian Council of Medical Re ...

Court : Andhra Pradesh

Decided on : Apr-13-1992

Reported in : (1993)IILLJ239AP

..... : 844. group 'd' staff : 195(animal attendants/sweepers/malis/helpers) in addition to the regular staff, r. 2 takes extra hands through the labour contractors for development work for annual maintenance of buildings, white washing, painting and development of garden, grounds, weeding of lawns etc. some of them are also engaged to carry out field sowing and for collecting data. during ..... writ. the court felt that, in the circumstances, the appropriate order to make in the present case is to direct the central government to take appropriate action under section 10 of the act in the matter of prohibiting employment of contract labour in the work of cleaning catering establishments and pantry cars in the southern railways and directed that this should be ..... of the central government and that the second respondent is an institution controlled and functioning under the guidance of r. 1. it is clearly admitted that the institution has been adopting such rules as are warranted from the rules framed by the central government in respect of rules governing the relationship of employers and employees. it is also admitted in paragraph ..... not maintainable. he also contends that the writ petitions are liable to be dismissed on the ground of laches because these writ petitions were filed in july and august, 1991, when, in fact, the contractor system came into existence in 1989 june itself. 8. the petitioners' counsel, replying to this argument, contends that the ground regarding laches is not taken .....

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Apr 06 1992 (HC)

Tikka Shatrujit Singh and ors. Vs. Brig. Sukhjit Singh and anr.

Court : Delhi

Decided on : Apr-06-1992

Reported in : (1992)105CTR(Del)249

..... defendant no. 1. learned counsel for defendant no. 1 has also advanced arguments with regard to the present position of the said properties after the coming into force of hindu succession act, 1956. i will deal with the said contentions after deciding the question whether defendant no. 1 has acquired the properties or not by virtue of any rule of primogeniture.9. counsel ..... sons namely, kharrak singh and harnam singh. the entire estate was inherited by his elder son, raja kharrak singh whereas his younger brother, harnam singh got only maintenance allowance. harnam singh had embraced christianity when he married a christian lady in the year 1876. raja kharrak singh died in the year 1877 leaving behind only one son, namely, maharaja jagatjit singh. all ..... and if these rights cannot exist in the sons, it must follow as a necessary corollary that the sons do not acquire an interest in the estate by birth or adoption .................... now it was not disputed on behalf of meramvala that if prior to merger the estate did not partake the character of ancestral coparcenary property, the properties left with bhayawala ..... by me under the relevant issues, the reference is made to reports of administration of the punjab and its dependencies market x-22 to x-27 of the period 1867 to 1918. the factum of grant of maintenance to junior members is evident from the plaintiffs own evidence, contents of letter dt. 19th september, 1837, ex. d-63 by which maharaja ranjit .....

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Apr 06 1992 (HC)

Tikka Shatrujit Singh and ors. Vs. Brig. Sukhjit Singh and anr.

Court : Delhi

Decided on : Apr-06-1992

Reported in : ILR1992Delhi1158

..... of defendant no. 1. learned counsel for defendant no. 1 has also advanced arguments with regard to the present position of the said properties after the coming into force of hindu succession act, 1956. i will deal with the said contentions after deciding the question whether defendant no. 1 has acquired the properties or not by virtue of any rule of primogeniture. 9 ..... sons namely, kharrak singh and harnam singh. the entire estate was inherited by his elder son, raja kharrak singh whereas his younger brother, harnam singh got only maintenance allowance. harnam singh had embraced christianity when he married a christian lady in the year 1876. raja kharrak singh died in the year 1877 leaving behind only one son, namely, maharaja jagatjit singh. all ..... and if these rights cannot exist in the sons, it must follow as a necessary corollary that the sons do not acquire an interest in the estate by birth or adoption ........... ........... now it was not disputed on behalf of meramvala that if prior to merger the estate did not partake the character of ancestral coparcenary property, the properties left with bhayawala ..... by me under the relevant issues, the reference is made to reports of administration of the punjab and its dependencies market x-22 to x-27 of the period 1867 to 1918. the factum of grant of maintenance to junior members is evident from the plaintiff's own evidence, contents of letter dt. 19th september, 1837, ex. d-63 by which maharaja .....

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Jul 24 1992 (HC)

Vinodchandra Gajanan Deokar Vs. Smt. Anupama Vinodchandra and Others

Court : Mumbai

Decided on : Jul-24-1992

Reported in : AIR1993Bom232; 1992(3)BomCR129; I(1993)DMC537

..... by flagrantly flouting the order for maintenance, the custody petition might remain ..... bolster the contumacious conduct and stand adopted by the petitioner-husband.10. a ..... edition, volume 12, part 8, section 2, page 393, article 873, ..... expressed by the minors, especially when the court gathers an impression ..... record, or one disposed to act with cruelty against children, or ..... court all arrears of maintenance up-to-date, and ..... up the arrears of interim maintenance and shows readiness to pay ..... to meet the order of maintenance of rs. 4,000/- ..... orders against him for interim maintenance, which might have been ..... the payments of the maintenance amounts as per the ..... for making payment of the maintenance amount'. the learned judge ..... amount has been deposited towards interim maintenance, which fact is also not disputed ..... 34,000/- towards the interim maintenance has not been paid till today ..... rs. 54,000/- towards maintenance of the petitioner smt. anupama ..... child that the arrears of maintenance first be cleared.'the learned ..... not pay the interim maintenance to the respondent and the ..... by the orders for interim maintenance made by the competent court ..... for obtaining divorce and for maintenance for herself and the minor child ..... maintenance. the family court, vide its order dated 11th september, 1990, directed the petitioner to make payment of maintenance ..... maintenance of the wife and child. it is not in dispute that the arrears of the interim maintenance have accumulated to about rs. 1,40,000/- till today. interim maintenance .....

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