Court : Delhi
Decided on : Mar-06-1989
Reported in : 38(1989)DLT198
..... , j. (1) this is a revision petition filed against the order dated 12th july, 1988 whereby the addl. district judge, delhi has disposed of the application under section 24 of the hindu marriage act filed by the petitioner for enhancement of maintenance pendente lite. (2) the petition for maintenance was initially filed in september, 1985 and it was directed that the petitioner .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-1989
Reported in : AIR1990Delhi1
..... pointing out inconsistencies and omissions on material particulars in the notice given on 26th december, 1978, or vagueness of certain allegations in the petition under section 13(l)(ib) of the hindu marriage act. and argued that the view taken by the trial court on the impact of the notice dated 26th december, 1978 was a perfectly correct view ..... appeal by granting a decree of divorce under section 13(l)(ib) of the hindu marriage act, in favor of the petitioner and against the wife, leaving them, however, to bear their own costs. (10) aggrieved by the reversal of ..... further obligation to ask her back, and that wife's conduct amounted to legal desertion, which entitled the husband to a decree of divorce under section 13(l)(ib) of the hindu marriage act, set aside the judgment of the additional district judge dated 11th july, 1984, and by his judgment dated february 21, 1986, allowed the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-1989
Reported in : 1989(16)DRJ386
..... 1989 delhi 121 (supra), that irretrievable break down of marriage is not contemplated to be one of the grounds for dissolution of marriage, in the scheme of the hindu marriage act, and thus by itself it cannot be taken to be a ground for decree of dissolution of marriage.40. we accordingly set aside the judgment of the learned single judge ..... and omissions on material particulars in the notice given on 26th dec., 1978, or vagueness of -certain allegations in the petition under s. 13(j)(ib) of the hindu marriage act, and argued that the view taken by the trial court on the impact of the notice dt. 26th dec., 1978 was a perfectly correct view, and he has rightly held ..... ask her back, and that wife's conduct amounted to legal exertion, which entitled he husband to a decree of divorce under s. 13(l)(ib) of the hindu marriage act; set aside the judgment of the additional district judge 11th july, 1984, and by his judgment dt. feb., 21, 1986, allowed the appeal by granting a decree of divorce .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-1989
Reported in : ILR1989Delhi637
..... under this code, or under any law for the time being in force, as the state government may direct. (3) for the purposes of sections 192, sub-section (1), 407, sub-section (2) and 528, sub-sections (2) and (3) such additional district magistrate shall be deemed to be subordinate to the district magistrate.' 13. a bare perusal of rule ..... by the state government can exercise all or any of the powers of the district magistrate under sub-section (2) of s. 10 of the cri.p.c. and he would automatically have the powers of a district magistrate under the arms act. 15. a similar question as is before us arose in 'kanta prasad sharma v. union of ..... the notifications of the delhi administration whereby the concerned addl. district magistrates have been appointed under sub-section (2) of s. 10 of the code of criminal procedure, 1898 (as amended by the union territories (separation of judicial and executive functions) act, 1969). it was directed that 'as such he shall have all the powers of a district .....
Tag this Judgment!Court : Delhi
Decided on : Mar-09-1989
Reported in : 1989(16)DRJ381
..... shabbily dressed and had misbehaved disrespectfully with the assistant sub-inspector was not sufficient to justify an order of dismissal. he construed the provisions of section 7 of the punjab police act. 1861 and ppr 16.2. the learned single judge felt that the finding of unfitness being purely a subjective matter could not be reversed or ..... the first contention of the counsel is repelled.(7) the second submission of the counsel is based on a construction of the provisions contained under section 7 of the delhi police act and rule 16.2. section 7 reads as under :- '7.appointment, dismissal, etc. of inferior officers. subject to provisions of art. 311 of the constitution and ..... to be unfit for duty and this is purely subjective decision not open to judicial review. (8) as we read section 7 and rule 162, a dismissal can be awarded only for the gravest acts of misconduct. we will assume that the charge as laid in summary of allegations is clearly established. the appellant was shabbily .....
Tag this Judgment!Court : Delhi
Decided on : Mar-09-1989
Reported in : [1990]69CompCas416(Delhi); 38(1989)DLT151
..... the present case, the summons have been moved by messrs. national steel & general mills (1) limited (hereinafter referred to as 'the company'), under section 391 of the act proposing a scheme of arrangement between the company and ifs unsecured creditors, and in support of such summons the affidavit of shri d.b. sharda, erstwhile ..... the liquidator and contributories of the company. 'in case, liquidator is interpreted to mean not as an additional person to move the application under section 391 of the act, on the application of the same rule of interpretation, the compromise arrangement arrived at by the creditor/members and sanctioned by the court cannot bind ..... rational interpretation, which can be put is that in case the company is wound up, liquidator is the additional person who can move the application under section 391 of the act apart from members, creditors and the company. (13) on the question, whether member ceases to be a member and become contributory only after liquidation .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-09-1989
Reported in : (1989)(22)ECC159
..... then tariff item 19-111 of cet.32. "lastly", he says that, "cotton fabric is defined in item 19 of schedule i of central excises and salt act, 1944 being all varieties manufactured from cotton". "the word fabric according to concise oxford dictionary", argues the lower authority, "means woven material, texture often textile fabric". ..... same point of time. learned counsel for the appellants who initially attempted to challenge this fact was ultimately obliged to accept the situation as a finding of act. in fact before the tribunal the departmental representative had relied upon this position as would appear from the judgment of the tribunal." 11. after recording the ..... ground urged before us, that the collector (appeals) did not decide the alternate classification in the impugned order, does not survive. the department is free to act, under the law, in this behalf.27. during the course of arguments, the learned sdr pleaded that the alternate classification of the product is under tariff item .....
Tag this Judgment!Court : Delhi
Decided on : Mar-12-1989
Reported in : [1989]30ITD512(Delhi)
..... rule 3 of the income-tax rules does not give an exhaustive definition of the word 'salary'. the definition is inclusive. same is the case with sec. 17 of the income-tax act, wherein the definition of salary is also inclusive. normally, the word 'included' is employed by parliament and legislatures in defining words for the purpose of ..... free accommodation. shri sanjiv batra, the learned counsel of the assessed, submitted that if the legislature wanted, the same definition of salary as appears in sec. 17 of the income-tax act, to be applied to rule 3 of the income-tax rules, 1962, then there was no need to define salary again for the purpose of the ..... the learned departmental representative submitted that the definition of salary for the purpose of rule 3 was also inclusive like the definition of salary given in sec. 17 of the income-tax act. the rule made four specific exclusions and the payment of reward to the assessed by the employers was not covered by such exclusions. relying on the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-13-1989
Reported in : (1989)(22)LC581Tri(Delhi)
..... "10...in the present case, the municipal corporation did not plead section 135 of the indore municipal act, 1909 as a defence, such a plea was not taken in the pleadings or in the trial court and the district judge should have not entertained ..... limitation as a ground of appeal for the first time contending that the proceedings in the trial court were barred by a period of limitation prescribed under section 135(2) of the indore municipal act, 1909. this plea of limitation was not allowed to be raised as a ground of appeal by the hon'ble supreme court observing as follows - ..... expressly stated that the duty was not paid by the applicants because of the wilful mis-statement and suppression of facts hence the proviso to section 11-a of the central excises and salt act, 1944 became applicable in the case. the applicants in their reply never disputed the said allegations of wilful mis-statement or suppression of facts .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-13-1989
Reported in : (1989)29ITD620(Delhi)
..... levy of tax in the previous years. but this year the said exemption was declined on the ground that the requirements of section 12a were not satisfied. while section 11 of the income-tax act granted exemption on income derived from property held for charitable or religious purposes subject to certain conditions laid down therein, yet that ..... exemption was not absolute and it was made subject to the further conditions imposed under section 12a of the income-tax act. the conditions prescribed under section 12a are, to quote from its own language: (a) the person in receipt of the income has made an application for ..... institution after the expiry of the period aforesaid; (b) where the total income of the trust or institution as computed under this act without giving effect to the provisions of section 11 and section 12 exceeds twenty-five thousand rupees in any previous year, the accounts of the trust or institution for that year have been .....
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