Judgment Search Results Home > Cases Phrase: maintenance orders enforcement act 1921 section 3 declaration of reciprocal arrangements Court: madhya pradesh Page 1 of about 1 results (0.045 seconds)

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 .....

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 .....

Bhuneshwar Prasad Vs. Dropta Bai

Court : Madhya Pradesh

Reported in : AIR1963MP259; 1963MPLJ346

..... dabir, learned counsel appearing for the petitioner, argued that the lower court had no power to stay the proceedings on the petitioner's default to pay the amount he was directed to by the order made under section 24; that section 24 of the act did not give any such authority; and that if the petitioner failed to pay the amount he was ordered to, the non-applicant should have taken proceedings for the enforcement of the order in accordance with section 28 of the act.3. ..... is easy to see that if payment of maintenance pendente lite and expenses of the proceeding is to be deferred until after the termination of the proceeding, the very basis of an order under section 24 directing the payment would disappear. ..... maintenance pendente lite and expenses of the proceeding are ordered to be paid under section 24 on the ground that the spouse in whose favour the order has been made is without the necessary means to maintain herself or himself during the proceedings and bear the expenses of defending ..... the proceedings are stayed for the purpose of enabling the party in whose favour the order has been made to execute it in the manner provided in section 28 and recover the amount of maintenance pendente lite and expenses of the proceeding so that he or she may be in a position to defend the ..... the learned additional district judge made an order staying the suit till 24th september 1962 and directing the petitioner to pay interim maintenance amount and costs of the proceeding before a certain .....

Neeti Bhan Vs. Miss Hill Education Society and ors.

Court : Madhya Pradesh

Reported in : 1999(1)MPLJ23

..... the employee has no right to continue in service but when it is claimed that the order putting an end to the service of the employee is vitiated on account of any statutory invalidity of an act done by the employer, it ceases to be a case of specific enforcement of contract of service but falls in the category of a case where an order putting an end to the service being null and void is no order in the eye of law and the question of enforcing specific performance of the contract of employment does not arise. ..... it may be noticed, at this stage, that the restraint envisaged under section 6 of the act of 1978 in regard to the creation of a post of a teacher has to be read with reference to the definition of 'teacher' as envisaged under section 2(i) of the act and section 6(a)(i) of the act of 1978 and the purpose behind it is to prevent a situation where the government is unnecessarily without any justification burdened or saddled with a liability in regard to the payment ..... teacher' has been defined under section 2(i) of the act which means a teacher of an institution in respect of whose employment maintenance grant is paid by the state government or the ayog, as the case may be, to the institution and includes any other teacher employed, with the prior approval of the authority specified by the state government in this behalf, in fulfilment of the conditions of recognition/affiliation of an institution or of a new subject or a higher class or a new section in the existing class by .....

Naresh Kumar Rai Vs. Smt. Mamta Rai and anr.

Court : Madhya Pradesh

Reported in : 2003(2)MPHT413; 2003(2)MPLJ137

..... since a maintenance order passed under section 125 of the code, may be modified, altered or set aside under the provisions of sub-section (4) or (5) of section 125 or section 127 of the code only, and not merely on the basis of grant of alimony under the hindu marriage act, this petition does not merit which is accordingly disallowed and rejected at the stage of motion ..... 96/99, on 31-3-2001, the exparte maintenance order dated 11-1-2002, passed in r.t. ..... also found explained that the amount of maintenance under section 125 of the cr.pc, cannot be set of against the alimony awarded under a different proceedings and order of maintenance under section 125 of the code, can only be modified, altered or set aside under section 125 (4) and (5) and/or under section 127 of the code. ..... but until the original order for maintenance is modified or cancelled by a higher 'court or is varied or vacated in terms of section 125 (4) or (5) or section 127, its validity ..... 829/2000, that maintenance application under section 125 of the code, was filed on 24-11-99, when the order of permanent alimony dated 31-3-2001, passed in ..... mensem was neither rescinded nor modified, and no ground has been shown why that order should not be enforced. ..... court cannot however take cognizance of the compromise and refuse to enforce the order made by it. ..... it is enforceable and no plea that there has been cohabitation in the interregnum or that there has been a compromise between the parties can hold good as a valid defence .....

Smt. Zebunnisa Vs. District Magistrate and anr.

Court : Madhya Pradesh

Reported in : 1995CriLJ2624

..... - 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. ..... the district magistrate, jabalpur being satisfied that 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 d/-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 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'. .....

Subhashchandra JaIn Vs. the District Magistrate and anr.

Court : Madhya Pradesh

Reported in : 1975CriLJ1174

..... article 359(1) of the constitution:in exercise of the powers conferred by clause (1) of article 359 of the constitution, the president hereby declares that:(a) the right to move any court with respect to orders of detention which have already been made or which may hereafter be made under section 3 (1) (c) of the maintenance of internal security act, 1971, as amended by ordinance 11 of 1974, for the enforcement of the rights conferred by article 14, article 21 and clauses (4), (5), (6) and (7) of article 22 of the constitution, and(b) all proceedings pending in any ..... court for the enforcement of any of the aforesaid rights with respect to orders of detention made under the said section 3 (1) (c), shall remain suspended for a period of six months from the date of issue .....

Rewati Bai Vs. Jageshwar

Court : Madhya Pradesh

Reported in : 1991CriLJ40

..... now if a lady living for 40 long years in such circumstances is thrown out without providing for her maintenance, she would die if she does not do anything to survive, if under such compelling circumstances, she works as a labourer, can it be said that she is prossessed of means to maintain herself ..... in this view of the matter, it would be proper to pass the final order of maintenance, so that the dispute is settled once for all. ..... the learned magistrate in his order dated 25-8-1988 acted on the aforesaid statement and held that the condition of section 125(1)(a) cr. p.c. ..... the object of the proceedings for maintenance under section 125 cr. p.c. ..... dixit, sessions judge raigarh in criminal revision 117 of 1988 dismissing her claim for maintenance under section 125 cr. p.c.2. ..... the phrase 'unable to maintain herself' if read in the context of the opening sentence to this section, would mean the means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to some how ..... though this provision is not penal in nature, it aims at securing enforcement of duty imposed upon a person by law. ..... the application of the applicant for maintenance is allowed by directing the non-applicant to pay to the applicant a sum of ..... 500/-per month for her maintenance since this was her stated requirement in spite of her earning as labourer it would indicate that her earning by working as labourer was not enough to maintain herself .....

Rajjusingh Ajuddhisingh Vs. Munnidevi Wd/O Mulayamsingh

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ666

..... claim interim maintenance was examined vis-a-vis section 18 of the act and it was observed that the power to make an interim order for maintenance pending an application under section 18 is ..... it is argued that no interim maintenance could be fixed under section 19 of the act, and that a widowed daughter-in-law would be entitled to maintenance relief only when the dispute is finally settled one ..... as a defendant in a suit said to have been filed under section 19(1) of the hindu adoptions and maintenance act, 1958 (hereinafter referred to as the act). ..... - (1) a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained after the death of her husband by her father-in-law :provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-(a) from the estate of her husband or her father or mother, or,(b) from her son or daughter, if any, or ..... a hindu widow to claim maintenance was there even before the hindu adoptions and maintenance act, 1958 was in force ..... was a co-parcener, then the widow was entitled to maintenance as against those who took her husband's share by survivorship ..... (2) any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any co-parcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation .....

Leela Bai Vs. Ganpati and Another

Court : Madhya Pradesh

..... after getting a maintenance order under section 125 of the cr.p.c is entitled to get modification in that order under section 127 of the ..... entitled to get modification in the maintenance order under section 127 of the cr.p.c. ..... , an agreement took place between the parties was valid for the amount of maintenance and payment of maintenance but, the condition that the applicant could not ask for further maintenance was violative to the provisions of section 127 of the cr.p.c and therefore, that portion of contract was void under section 28 of the indian contract act. ..... the aforesaid discussion where the trial court had granted the maintenance at the rate of rs.1000/- per month to the applicant after considering that the full and final settlement took place between the parties then such order should not be set aside by the revisionary court only on the basis that an agreement took place contrary to the statutory provisions of section 127 of cr.p.c. ..... has preferred the present revision being aggrieved with the order dated 31.3.2008 passed by the additional sessions judge, multai in criminal revision no.78 of 2007 whereby the order dated 5.5.2007 passed by the jmfc, multai in mjc no.49/2003 was set aside in which a maintenance of rs.1000/- per month was granted to the ..... of section 28 of the indian contract act, 1872 if any contract takes place which extinguishes the right of any party then such portion of the contract which violates the statutory provision is void, which is not enforceable. .....