Shiv Kumar vs.the State Govt of Nct of Delhi & Anr

Shiv Kumar vs The State Govt of Nct of Delhi & Anr

Type Court Judgment Court Delhi Decided Apr 02, 2018

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https://sooperkanoon.com/case/1213848

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Citation: sooperkanoon.com/1213848
Court: Delhi High Court
Decided On: Apr 02, 2018
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Shiv Kumar

Respondent

The State Govt of Nct of Delhi & Anr

Excerpt

.....of filing of the petition till further orders. crl.rev.p.271/2018 page 1 of 2 2. learned counsel for the petitioner urged that the amount granted is on the higher side and the petitioner has other responsibilities to maintain his parents and the adopted child.3. during the course of arguments, it was agreed that the amount paid shall be adjustable as and when final order on maintenance is passed. excess amount, if any, shall be liable to be adjusted.4. learned counsel for the petitioner further urges that the trial be expedited.5. perusal of the file reveals that the salary of the petitioner is around `1,17,160/- (annexxure ‘a3’) for the month of august, 2017. after deductions, net salary comes to `59,384/-. however, all the deductions are not compulsory. the gpf contribution is ` 45,000/-. the petitioner has also not disclosed the interest income from gpf contribution.6. considering the facts and circumstances of the case, the impugned order granting interim maintenance @ `35,000/- cannot be termed ‘unreasonable’.7. the revision petition stands disposed of with the directions that the amount paid pursuant to the order shall be without prejudice and subject to future adjustment. the trial court shall expedite the disposal of the main petition. april02 2018 / tr (s.p.garg) judge crl.rev.p.271/2018 page 2 of 2

Full Judgment

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :

2. d APRIL, 2018 CRL.REV.P. 271/2018 SHIV KUMAR ........ Petitioner

Through : Mr.Saquib N.Qureshi, Advocate with Mr.Sandeep Chaudhary, Advocate. versus THE STATE GOVT OF NCT OF DELHI & ANR ........ RESPONDENTS

Through : Ms.Radhika Kolluru, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.

(Oral) CRL.M.A.No.5704/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. CRL.REV.P. 271/2018 1. Present revision petition has been preferred by the petitioner against the order dated 12.01.2018 of learned Judge, Family Court, whereby `35,000/- has been awarded as interim maintenance to the respondent wife from the date of filing of the petition till further orders. Crl.Rev.P.271/2018 Page 1 of 2 2. Learned counsel for the petitioner urged that the amount granted is on the higher side and the petitioner has other responsibilities to maintain his parents and the adopted child.

3. During the course of arguments, it was agreed that the amount paid shall be adjustable as and when final order on maintenance is passed. Excess amount, if any, shall be liable to be adjusted.

4. Learned counsel for the petitioner further urges that the trial be expedited.

5. Perusal of the file reveals that the salary of the petitioner is around `1,17,160/- (Annexxure ‘A3’) for the month of August, 2017. After deductions, net salary comes to `59,384/-. However, all the deductions are not compulsory. The GPF contribution is ` 45,000/-. The petitioner has also not disclosed the interest income from GPF contribution.

6. Considering the facts and circumstances of the case, the impugned order granting interim maintenance @ `35,000/- cannot be termed ‘unreasonable’.

7. The revision petition stands disposed of with the directions that the amount paid pursuant to the order shall be without prejudice and subject to future adjustment. The Trial Court shall expedite the disposal of the main petition. APRIL02 2018 / tr (S.P.GARG) JUDGE Crl.Rev.P.271/2018 Page 2 of 2

Same Court & Year Delhi · 2018 Same Parties Shiv Kumar vs The State Govt of Nct of Delhi & Anr Same Subject Land Acquisition