Judgment Search Results Home > Cases Phrase: maintenance orders enforcement act 1921 section 3 declaration of reciprocal arrangements Page 1 of about 32 results (0.102 seconds)

Pandurang S. Katti Vs. Minnie Henrietta Katti

Court : Mumbai

Reported in : AIR1928Bom117; (1928)30BOMLR350

..... 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 in england, is made.8. ..... 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 a court of superior jurisdiction. ..... in this case, the marylebone 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. ..... this is 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, c. 33.6. ..... the re-visional powers of this court are further declared by a 107 of the government of india act and clauses 27 and 28 of the letters patent.14. ..... there are several classes of cases in which it is expressly declared that no appeal lies, e. g. .....

Sandra Lee De Haas Vs. Garry John FromentIn and Others

Court : South Africa Supreme Court of Appeal

..... the maintenance order can thus be enforced in terms of the maintenance act. ..... 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 misconduct. ..... the appellant in turn filed a counter-application in which she inter alia claimed an order declaring the respondent to be in contempt of court, in that he wilfully and mala fide breached the provisions of the maintenance order and an order committing the respondent to imprisonment or imposing an appropriate suspended sentence. ..... if the respondent complied with the arrangement during the trial period, he would of course not be in mala fide disregard of the maintenance order. ..... [25] section 40(1) provides that the court convicting any person of an offence under s 31(1) may on the application of the public prosecutor and in addition to or in lieu of any penalty which the court may impose in respect of that offence, grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order, together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of the court. .....

Orissa Power Generation Corpn. Ltd. Vs. Orissa Electricity Regulatory ...

Court : Orissa

Reported in : AIR2005Ori125

..... in order to ensure maintenance of continued supply of electricity and to protect the interest of the consumers as well as general public, the commission in their order dated 27-8-2001, as an interim measure, invoked the provisions of section 30(3) of the act, 1995 and vested the management and control of the undertaking of cesco with all its assets, interests and rights with an officer of the state government pending further inquiry in the matter and this interim arrangement was ..... order -(a) shall require the licensee to whom it relates to do, or to abstain from doing, such things as are specified in the order;(b) shall take effect from such time as is specified in the order; and(c) may be revoked, modified or rescinded at any time by the commission, but in any event shall cease to have effect at the end of such period as is stated in the order, unless the commission is at that time following the procedure set out in section 29 to declare the interim order to be a final order ..... electricity to the consumers in its licensed area and this act of cesco would have plunged a huge densely populated area into total darkness and in these circumstances the commission initiated proceedings under section 28 of the act, 1995 for enforcement of the licence conditions by order dated 24-8-2001 and pending inquiry and final disposal of such proceedings, as an interim measure, passed an order on 27-8-2001 under section 30(3) of the act, 1995 vesting the management and control of the undertaking of .....

Munni Begam Vs. Abdul Satar

Court : Madhya Pradesh

Reported in : II(2001)DMC596

..... learned counsel for the petitioner 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 code. 5. ..... legislature was fully alive to the situation and after considering the facts section 5 was introduced in the act which provides that :'if on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of section 125 of the code of criminal procedure, 1973 (2 of 1974), and file such ..... affidavit or declaration in the court hearing the application, the magistrate shall dispose such application .....

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. ..... considering the effect of transitory provision contained in section 7 of the act of 1986 it was held that this section also does not say any thing regarding the order of maintenance already passed before the commencement of the act of 1986.10. ..... it was further held that there are other provisions in the act of 1986, which show that the parliament never intended to nullify an order of maintenance made under section 125(1), cr.p.c. ..... the non obstante clause do not supersede the order of maintenance passed under section 125(1), cr.p.c.9. ..... 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. ..... in the said case the division bench of lucknow bench of this court held that none of the sections of the act of 1986 contain non obstante clause 'notwithstanding any judgment, decree or order of a court of law'. .....

(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. ..... section 488(1) of the criminal procedure code reads as follows:if any person having sufficient means neglects or refuses to maintain his wife 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 ..... , misinterpreted the section and should have held that the district magistrate had power to pass an order directing the respondent to pay rs. ..... 100 for the maintenance of herself and of her children whatever be the number, is opposed to the clear wording of the section, and added:if the petitioner's construction of the section is correct it would amount to this : if a person has an illegitimate child and an application is made under this section and rs. ..... 1299 a bench of the bombay high court did interpret the section in the way it was interpreted by newsam, j. ..... there is nothing in the section which says that if an application is made on behalf of the wife an application shall not lie on behalf of the child. .....

Rajiv Mishra Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009CriLJ2619

..... - for the purposes of this sub-section, 'acting in any manner prejudicial to the maintenance of supplies and services essential to the community' does not include 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' as defined in the explanation to sub-section (1) of section 3 of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980 (7 of 1980), and accordingly, no order of detention shall be made under this act on any ground on which an order of detention may be made under that act. ..... - (1) the central government or the state government may,- (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of india, the relations of india with foreign powers, or the security of india, or (b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in india or with a view to making arrangements for his expulsion from india, it is necessary so to do, make an order directing that such person be detained. ..... 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'. .....

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. ..... on the substantive hearing the court is given power by section 17 to make (inter alia) the orders in sections 23 (financial provision orders) and 24 (property adjustment orders) of the matrimonial causes act 1973, and pension sharing orders within the meaning of part i of the 1973 act. ..... the task for the judge under part iii is to determine whether it would be appropriate for an order to be made in england, taking account in particular of the factors in section 16(2), notwithstanding that the divorce proceedings were in a foreign country which may well have been the more appropriate forum for the divorce. 51. ..... it was not enough to find that a serious injustice was done to the wife in nigeria simply because there was no power to make a transfer of property order there, and it was not in accord with the purpose of section 16 for the english court to sit on appeal from the judgment of a foreign court, which was effectively what coleridge j had done. ..... to take up some of the points made in the preceding paragraphs, the proper approach to part iii simply depends on a careful application of sections 16, 17 and 18 in the light of the legislative purpose, which was the alleviation of the adverse consequences of no, or no adequate, financial provision being made by a foreign court in a situation where there were substantial connections with england. .....

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 ..... with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order, in exercise of powers under section 3(3) of the national security act passed an order dated 12-10-1993.3. ..... 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 ..... 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 ..... 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 .....

Mrs. Faridabano ShahabuddIn Kadri and anr. Vs. ShahabuddIn MuzzaroddIn ...

Court : Mumbai

Reported in : 1993(2)BomCR242

..... vide his judgment dated 30th october 1990 referred the matter to the division bench as it involves a rather important issue touching the enforceability of a maintenance order that has been passed prior to the promulgation of the muslim women (protection of rights on divorce) act, 1986, which came into force on 19th may 1986. ..... , order for payment of maintenance had been passed in favour of the divorced wife under section 125 of the code of criminal procedure and the applications relating to enforcement of those orders were pending before the court in may 1986 when the new act came ..... wherein it was held that even though the words 'it is declared' are used, that they are not conclusive to show that the act is declaratory for these words may, at times, be used to introduce new rules and the act in the latter case will only be amending the law and ..... no doubt the word 'declared' is not mentioned in the act but the presence or the absence of the said word is ..... of the realm is almost fallen into disuse or has become disputable, in which case parliament has thought proper, in perpetuum rei testimonium, and for avoiding all doubts and difficulties, to declare what the law is, and over has been. ..... act to protect the rights of muslim women who have been divorced by or have obtained divorce from their husbands and to provide for matters connected therewith or incidental thereto which is the preamble, or in any of its provisions do we find any reference even directly to the intention to declare .....