.....minot daughter of the petitioner. pinki gupta for herself and being the natural guardian of minot drishti, filed a petition under section 125 of the code of criminal procedure claiming maintenance allowance from the petitioner. the family court, on appreciation of the pleadings of the parties and evidence adduced in support thereto, held the petitioner liable to pay maintenance allowance as detailed hereinabove. counsel for the petitioner submits that as the petitioner is not doing any work and is pursing his m.b.a.course, he is not liable to pay maintenance allowance to the respondents. i have gone through the order passed by the family court and perused the records. crr no.(f) 56 of 2013 (o&m) 2 indisputably, pinki gupta respondent is the legally wedded wife of the petitioner and minot drishti was born out of the wedlock of the parties. there is nothing on record to suggest that the respondents have any source of income to provide for their maintenance. the petitioner being the husband and father has a legal obligation to maintain his family. he cannot escape his liability on the pretext that he is not working and pursuing his m.b.a.course. as the petitioner.....
Tag this Judgment! Ask ChatGPT.....moved after commencement of trial i.e.after framing of issues and recording of part evidence of the plaintiff. consequently, in view of proviso to order 6 rule 17 of the code of civil procedure (in short – cpc).application for amendment of written statement has been rightly dismissed by the trial court because according to the said provision, amendment of pleading cannot be allowed after commencement of trial unless the party seeking amendment could not have raised the plea before c.r.no.3684 o”3. commencement of trial in spite of exercise of due diligence. in the instant case, there is not even a plea by the defendants in their amendment application (annexure p-3) that in spite of exercise of due diligence, they could not have raised this plea before commencement of trial. on the contrary, plea taken by the defendants is that due to inadvertence, they could not raise this plea earlier. thus, in view of proviso to order 6 rule 17 cpc, the amendment application has been rightly dismissed by the trial court. counsel for the petitioners relied on judgment of hon'ble supreme court in the case of sushil kumar jain versus manot kumar and another reported as 2009 (3) r.c.r......
Tag this Judgment! Ask ChatGPT.....it cannot be said that irrespective of the acts of applicant, the deceased had no other alternative but to commit suicide. it is apparent from the facts of the case that the mother of the deceased had arrived in india two months before jiah committed suicide. after her arrival also, jiah had shown message to her mother which clearly indicated that the applicant and jiah were deeply in love with each other. the letters which were seized from the house of the applicant would show that the deceased was deeply in love with the applicant. the deceased was about three years elder in age to the applicant. she had clearly stated in those letters which were addressed to the applicant that she was deeply romantic. she had given credit to the applicant for making her stable in life. she had further assured him that she would help him whatever way he wants and make him and his father proud. she felt obliged as he had helped her. it is not known as to why the deceased had expressed her apology to the applicant. she has further stated "i am deeply romantic and a genuine yet complex person". "take care of me, love me, i am just a lost girl, but i feel safe with you." in the letters which were.....
Tag this Judgment! Ask ChatGPT.....with respect to the other offence. 2 the learned judge, however, held that the provisions of section 397 of the ipc were not attracted to the facts of the case, and that the offence punishable under the arms act was also not proved to have been committed. he therefore, passed an order of acquittal with respect to the said offence. 3 so far as the other accused were concerned, the learned judge held that the case against them had not been proved, and acquitted them of all the offences. 4 the appellants being aggrieved by their conviction and the sentences imposed upon them, have approached this court by filing the present appeal. 5 though the appeal was listed for final hearing, the learned counsel for the appellants did not remain present before the court. 6 under the circumstances, the appeal is being decided after perusing the appeal memo, the evidence adduced during trial, the impugned judgment and other relevant record of the case; and after hearing smt.s.d. shinde, the learned app for the state. 7 the prosecution case, as put forth before the trial court may be stated as follows:- the first informant pramod chiklikar (pw 1), on 24 february 2008, was staying in his.....
Tag this Judgment! Ask ChatGPT.....of undue influence or fraud either in the affidavits filed in support of the caveats or in the course of the evidence; (iv) as a matter of fact, the evidence of the third appellant is to the effect that the deceased had suffered no major illness in his life. in the circumstances, the fact that the deceased was in a sound and disposing state of mind has not been controverted or challenged; (v) the provisions of section 382 of the rules framed by this court on the original side have been interpreted in a judgment of a learned single judge of this court in vasudeodaulatram sadarangani vs. sajni prem lalwani (1982 (vol.85)-the bombay law reporter-113)as not providing for a period of limitation. the supreme court has held in kunvarjeetsingh khandpur vs. kirandeep kaur and others (2008)8-scc-463)that the observation in the judgment of this court to the effect that article 137 of the limitation act would not apply, is incorrect. however, the supreme court has held that in proceedings for the grant of probate or letters of administration, what is sought is a recognition from the court for the performance of a duty which is a continuing cause of action and which can be exercised.....
Tag this Judgment! Ask ChatGPT.....the petitioner to deny him the legitimate claim. 4. we are inclined to observe that in view of this undisputed position on record and also the fact that the petitioners parents death was abrupt and sudden, this technical aspect ought not have been invoked against the case of the petitioner. it is relevant to note that the earlier application filed by the grandfather of the petitioner on 15.12.1999 for appointment of the petitioner on compassionate ground after he becomes major cannot just be overlooked. the department should have taken note of this fact that the earlier application was filed by the petitioner through his grandfather in the year 1999 itself. the postponement of his appointment on the ground that it would be considered after he attains majority, goes in favour of the petitioner. 5. therefore, without observing anything on the merits of the matter, so far as the government circular is concerned, in the present case, in view of the admitted position on record, we are inclined to grant relief, as prayed for by the petitioner. 6. for the above reasons, the order passed by the maharashtra administrative tribunal, nagpur needs to be interfered with. the petition is.....
Tag this Judgment! Ask ChatGPT.....doubt. he submitted that the accused and his wife used to come to the manipal hospital since their infant child was admitted there and this fact was known to the employees of the hospital and since the victim was working there as sweeper she was also knowing the said fact. he therefore contended that in the above circumstances, it is extremely difficult to believe that the accused, who is already married and having child, would offer himself to the victim for marriage. according to him, merely because the accused had denied that his daughter was admitted to the said hospital, that would not prove the case of the prosecution. he submitted that recovery of the bones has not been proved to be at the instance of the accused since panch witness namely pw11 does not at all speak about the recovery of the bones. he further submitted that even otherwise the dna report of cfsl, hyderabad reveals that a male genetic profile could be generated for three molar teeth which were referred for examination. he submitted that in view of the report of cfsl, the report given by dr. madhu ghodkirekar stating that the bones were of female cannot be accepted. learned counsel further contended.....
Tag this Judgment! Ask ChatGPT.....submits that the delay in filing the appeal is neither wanton nor wilful and therefore prayed that the delay be condoned. 2) in the light of the fact that delay was whopping 161 days without any material whatsoever to substantiate the delay, we do not wish to order any notice to the respondent as no improvement could be made by the petitioner/appellant in regard to its plea. the provisions of civil procedure code or provisions of limitation act do not apply to the proceedings under the consumer protection act to order notice before resolving the issue. the matters have to be resolved by applying principles of natural justice, equity, etc. 3) the honble supreme court in anshu agarawal vs. new okhla industrial development authority reported in iv (2011) cpj 63 (sc) opined âit is also apposite to observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to.....
Tag this Judgment! Ask ChatGPT.....respect of death or permanent disablement of any person resulting from an accident involving the use of a motor vehicle which is referred to in sub-section (1) of section 140 of the said act of 1988. going by the case pleaded by the claimants, obviously sub-section (1) of section 140 of the said act of 1988 will have no application in the present case as this is not a case where the accident was a result of use of a motor vehicle owned by the employer of the deceased." "8. perusal of the said act of 1923 shows that there is no power conferred on the commissioner to pass such an interim direction. moreover, section 23 of the said act of 1923 makes it abundantly clear that the code of civil procedure, 1908 will apply only for the purpose of taking evidence on oath, for enforcing attendance of the witnesses and compelling production of documents and material objections. in any event, there is no power vesting in the commissioner to pass an interim order directing the opponents in a claim petition to pay interim or ad hoc compensation." 12. therefore, it follows from the authoritative pronouncement of this court in the case of new india assurance co. ltd. (supra) that, there is no.....
Tag this Judgment! Ask ChatGPT.....in the first instance before the competent consumer forum, then he cannot be denied relief by invoking section 8 of the arbitration and conciliation act, 1996 act. moreover, the plain language of section 3 of the consumer protection act makes it clear that the remedy available in that act is in addition to and not in derogation of the provisions of any other law for the time being in force.â 12. in the case on hand, the respondents have already invoked proceedings under arbitration act by filing o.p.no. 828 of 2010 on the file of the court of special judge for sc/st-cum-additional district judge, ranga reddy. thereafter, the respondents had chosen to file complaint before the district forum. as the appellant did not participate in the proceedings, the district forum has no opportunity to know about the pendency of the op filed under section 9 of the arbitration act. had the respondents filed complaint before initiating arbitration proceedings, in view of law laid in national seed corporation (supra) they could file the complaint which, however, they had not done. as such the complaint is not maintainable and is liable to be returned. . 13. in the result, the appeal is.....
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