Skip to content


Judgment Search Results Home > Cases Phrase: maintenance orders enforcement act 1921 Page 1 of about 34,477 results (0.263 seconds)

Mar 09 1938 (PC)

(Mrs.) M. Bulteel Vs. (Mr.) R.C. Bulteel

Court : Chennai

Reported in : AIR1938Mad721; (1938)1MLJ821

..... the petitioner also asked that steps be taken under the maintenance orders enforcements act, 1921, with a view to the magistrate's order being confirmed by the proper authority in england.2. ..... the case will be remitted to the district magistrate in order that he may pass all necessary orders under the maintenance orders enforcements act, 1921. ..... or his legitimate or illegitimate child unable to maintain itself, the district magistrate, a presidency magistrate, a sub-divisional magistrate or a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding one hundred rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the magistrate from ..... power is given to make an order for tae maintenance of the wife 'or such child ..... has neglected to provide for the maintenance of his wife and child and on the 6th july, 1937, the petitioner was compelled to file an application in the court of the district magistrate of the nilgiris at ootacamund for an order directing the respondent to pay a monthly sum for their maintenance. ..... 100 has already been awarded for the support of the illegitimate child, and no further order can be made on behalf of the wife and legitimate children as no magistrate can award more than ..... 100 per mensem for the maintenance of the wife and daughter was passed against the respondent on the 13th november, .....

Tag this Judgment!

Dec 19 1927 (PC)

Pandurang S. Katti Vs. Minnie Henrietta Katti

Court : Mumbai

Reported in : AIR1928Bom117; (1928)30BOMLR350

..... an application for revision of an order made by the chief presidency magistrate under the maintenance order enforcement act xviii of 1921 confirming a provisional order of maintenance made by the marylebone magistrate under the maintenance orders (facilities for enforcement) act, 10 & 11 geo. v, ..... we have to interpret india act xviii of 1921 (the maintenance orders enforcement act) under which the order in question, confirming the provisional order of the court of summary jurisdiction ..... police court, on may 28, 1926, issued a provisional order under section 3 of the maintenance orders (facilities for enforcement) act, 1920, wherein the petitioner, mr. p.s. ..... application for revision of the order passed by the chief presidency magistrate confirming the order passed by the marylebone police court on may 28, 1626, under section 3 of the act of 1920 to facilitate enforcement of maintenance orders (10 & 11 geo. ..... the enforcement in england or ireland of the maintenance orders made in other parts of his majesty's dominions and protectorates and vice versa is regulated by the act of 1920 (10 & ..... under section 4 of act xviii of 1921 the certified copy of the maintenance order made by any court in a reciprocating territory and transmitted by the proper authority of that territory to the governor general has to be sent for being registered in the high court, if the court which made the order was of a superior jurisdiction, and to a court of summary jurisdiction if the said court was not .....

Tag this Judgment!

Feb 21 1940 (PC)

Sri Sri Sridhar Jew Vs. Manindra K. Mitter and ors.

Court : Kolkata

Reported in : AIR1941Cal272

..... all, the family other than the next friend, all now remorseful and regretting the acts of the late shebaits, and the transferees, by this i mean the purchasers of the two income bearing properties which were sold under an order dated 30th august 1912, and with regard to the dwelling house which was mortgaged in 1921 and sold by the court in 1928, the purchaser at the sale, as the ..... it embodied an arrangement whereby the trustees have to pay the income wholly to radharani, who was to utilise the money allocated to the maintenance of the thakur during her pala; was to make over that money to the other paladars and whereby she was also to receive and ..... claim to a declaration of charge and enforcement of charge for maintenance in respect of the pink portion of ..... by the court was, as i have said, not a recognition of rights of the deity in property other than the right to maintenance under the trust, but the necessity of providing for the proper worship of the deity both as to location and ceremonies. ..... , but it should be noted that the disposition is in the form of an english trust, that is to say, it purports to vest the properties in two trustees, who are to apply the income, firstly, in the maintenance of the thakur, and, secondly, for the benefit of his sons and their families. ..... 120 a year, was the separation of the fund for the maintenance of the deity, and the partition and appropriation of the balance by the heirs who were then entitled and to convert, their share in the income .....

Tag this Judgment!

Oct 07 1983 (HC)

Jai Rani Vs. Om Parkash Saini

Court : Delhi

Reported in : AIR1984Delhi301; 1984(6)DRJ281; 1984RLR309

..... the section expressly says that the order of maintenance which the judge makes under section 24 of the act is to last only for the period of the proceedings. ..... adalakha, learned counsel for the wife, says that the order dated 12-5-1980 in this case will entitle the wife to get from the husband monthly maintenance allowance so long as the case of the husband is not decided. ..... on an application under section 24 of the act by the wife the additional district judge made an order on 12-5-1980 for maintenance pendente lite and litigation expenses. ..... by this own act he has made it clear to the court that he is not going to comply with the order awarding maintenance pendente lite against him. ..... adalakha told me that recently the wife has instituted a suit: for maintenance against the husband in which is there an order against him for payment of rs. ..... (12) these are monthly allowance which husband by court order pays wife for maintenance pending a suit for divorce or other proceedings under the act. ..... in england non-compliance with order to pay alimony (if able) still a contempt, though no longer enforceable by attachment, except by means of judgment summons; and the court may, in its discretion, refuse to permit the party so in contempt to take a further step in the litigation of marczuk v. ..... but if he does not obey in terms of the order passed by the judge the court can enforce obedience to its order by staying the proceedings if the party in default is the petitioner. ..... lenvis (1921) p 299. .....

Tag this Judgment!

Mar 08 1951 (HC)

Notified Area Committee Vs. Majid

Court : Allahabad

Reported in : AIR1952All594

..... tax which might be imposed therein under the provisions of this or any ether act, if the said area were a municipality;(c) fix the number of persons who shall form a committee for the purpose of the assessment & recovery of a tax imposed under clause (b), & in order to arrange for the due expenditure of the proceeds of such tax, & for the preparation & maintenance of proper accounts, & generally for enforcing the provisions of any section or rules, regulations or byelaws applied or adopted under ..... clause (a), (2) a committee appointed under clause (c) of sub-section (1) shall consist of three or more members to be appointed by the commissioner or elected in the manner prescribed by this act, or by rules, or partly so appointed & partly so elected as the provincial ..... in the year 1921, the number of persons who were to form a committee for the anupshahr notified area was fixed at three; that number was subsequently increased to five, in the year 1931, & later on to fourteen, in the year 1947.6. .....

Tag this Judgment!

Sep 30 2013 (FN)

Sandra Lee De Haas Vs. Garry John FromentIn and Others

Court : South Africa Supreme Court of Appeal

..... [12] the respondents case was in essence that in terms of an oral agreement the parties varied the maintenance order, that it would be contrary to public policy to enforce the non-variation clause and that as a result of the variation, the amount of the writ was incorrect and fell to be set aside ..... the maintenance order can thus be enforced in terms of the maintenance act. ..... [16] in any event the view of kollapen aj that in the light of the oral agreement of variation of the maintenance order it would offend against public policy to enforce the non-variation clause, cannot be endorsed. ..... [13] the case of the appellant was that on the facts the maintenance order was not varied and that there was in any event no ground for not enforcing the non-variation clause. ..... it provides (in s 26 to s 28) for enforcement of maintenance orders by way of warrant of execution, attachment of emoluments or attachment of ..... section 31(2) provides that if the defence is raised in a prosecution for an offence under this section that the failure to pay maintenance in accordance with a maintenance order was due to lack of means on the part of the person charged, he or she shall not merely on the grounds of such defence be entitled to an acquittal if it is proved that the failure was due to his or her unwillingness to work or ..... the maintenance act defines a maintenance order as any order for the payment of sums of money towards the maintenance of any person issued by any court in the republic, including a high .....

Tag this Judgment!

Jan 06 1999 (HC)

Munni Begam Vs. Abdul Satar

Court : Madhya Pradesh

Reported in : II(2001)DMC596

..... of them have no enough means to pay the maintenance ordered by the magistrate, or the other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the magistrate to be paid by such other relatives, under the second proviso of sub-section (1), the magistrate may, by order, direct the state wakf board established under section 9 of the wakf act, 1954 (29 of 1954), or under any other ..... further submitted that the intention for bringing the act would be frustrated if the order of maintenance is enforced under the provisions of section 128 of the ..... court took a view that any rights acquired by the wife for recovery of maintenance prior to act are not affected by the enforcement of the act and the rights can be executed under the provisions of section 128 of the code ..... held that it is always open to a divorced muslim wife who has obtained maintenance under section 125 or enhanced maintenance under section 127 to enforce it under section 128 so long as section 7 of the act does not interdict proceedings under section 128 of code. ..... law for the time being in force in a state functioning in the area in which the woman resides, to pay such maintenance as determined by him under sub-section (1) or, as the case may be, to pay the shares .....

Tag this Judgment!

Jul 13 2001 (HC)

Kamal UddIn Vs. Raisa Begum Alias Munni and anr.

Court : Allahabad

Reported in : 2001CriLJ4410

..... in the absence of such a clause it is not possible to hold that the order of maintenance made in favour of the appellant has become inexecutable from the date of enforcement of act of 1986. ..... ibrat ara 1989 lucknow criminal report, 7 and it was held that the act of 1986 does not provide any procedure for setting aside an order of maintenance or order on the application under section 127, cr.p.c. ..... if the applicability of these provisions to muslims has been specifically perversed there is no occasion to treat the order passed under section 125(1) prior to enforcement of act of 1986 as inexecutable on the mere application of the husband against whom the order is operating, when no provision to that effect has been made in the act itself. ..... prior to the enforcement of act of 1986 had not been affected or cutrailed in any way and those orders will operate. ..... the contention of her learned counsel for the applicant was that with effect from 19-5-1986 the act of 1986 came into force and, therefore, after enforcement of the act of 1986 a divorced muslim woman was not entitled to recover the maintenance allowance from her husband. ..... consequently upon the enforcement of the act of 1986, the opposite party 1 was not entitled to any maintenance allowance thereafter. ..... 1 on 20-1-1984 and, therefore, her right to recover the maintenance allowance were effective only up to 19-5-1986, before the date of enforcement of the act of 1986. .....

Tag this Judgment!

Mar 10 2010 (FN)

Agbaje Vs. Akinnoye-agbaje

Court : UK Supreme Court

..... nigerian maintenance orders are enforceable in england under the maintenance orders (facilities for enforcement) act 1920: si 1959/377. ..... country outside england and wales and if the applicant has omitted to exercise that right the reason for that omission; (g) the availability in england and wales of any property in respect of which an order under this part of this act in favour of the applicant could be made; (h) the extent to which any order made under this part of this act is likely to be enforceable; (i) the length of time which has elapsed since the date of the divorce, annulment or legal separation." 12. ..... favour for financial relief: turczak v turczak [1970] p 198, in which it was held that, following a polish divorce, there was no power to order maintenance under the matrimonial causes act 1965 because the parties were no longer husband and wife; torok v torok [1973] 1 wlr 1066, in which ormrod j drew attention to the fact that, if a divorce were obtained in hungary on the basis of the husband's hungarian ..... the consequence was that the scottish provisions in part iv of the 1984 act provided that the court could entertain an application for an order for financial provision in scotland after a divorce in a foreign country, if certain jurisdictional requirements and conditions were satisfied: section 28(1). ..... she also ordered the husband to make a payment of a lump sum of 5 million naira (about 21,000) as maintenance for life. .....

Tag this Judgment!

May 13 1994 (HC)

Zebunnisa Wd/O Sheikh Hakeem Vs. District Magistrate and anr.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ417

..... - whereas, there are reports with the state government that certain elements are active or are likely to be active to threaten the communal harmony and to commit any act prejudicial to the maintenance of public order, and to commit acts prejudicial to the security of the state;and whereas having regard to the circumstances prevailing in the areas within the local limit of jurisdiction of the district magistrate, jabalpur the state government is satisfied that it is necessary so to do;now, ..... lastly we may remind the officers of the state to mention the following details in the return to justify compliance with provisions of the statute :-i) the date of passing of the order of detention;ii) date of service of the order of the detention;iii) the date of service of the grounds of detention;iv) the date of reference to advisory board and report submitted to the state government;v) the date of approval by the state government;vi) the date of report submitted to ..... indeed, a state of peace of orderly tranquillity which prevails as a result of observance of enforcement of internal laws and regulations by the government in a feature common to the concept of 'law and order' and 'public order'. ..... ' indeed, a state of peace or orderly tranquillity which prevails as a result of the observance or enforcement of internal laws and regulations by the government, is a feature common to the concepts of 'law and order' and 'public order. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //