Judgment Search Results Home > Cases Phrase: maintenance orders enforcement act 1921 section 9 payment of charges for transmission of sums awarded as maintenance and other costs and charges Page 1 of about 21 results (0.139 seconds)

Sandra Lee De Haas Vs. Garry John FromentIn and Others

Court : South Africa Supreme Court of Appeal

..... 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 ..... 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 ..... 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. ..... africa; 5.4 extra-mural sporting, cultural and academic activities, together with the costs relating to tuition fees, sporting equipment and attire relating thereto, including the cost of general tournaments, subject to a maximum payment of r500,00 (five hundred rand) per month, per child in respect of all of the aforesaid; 5.5 the fees, books and equipment relating to the childrens tertiary education at any university, college, art, computer or secretarial school or other place of like learning in the ..... in terms of the agreement of settlement custody of the minor children was awarded to the appellant, subject to the right of reasonable access to the children of the respondent, who .....

Pandurang S. Katti Vs. Minnie Henrietta Katti

Court : Mumbai

Reported in : AIR1928Bom117; (1928)30BOMLR350

..... 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 ..... have been perfectly open to the petitioner to adduce evidence not only that he had bent her this sum in july 1926, but also that he had been regularly sending other remittances sufficient to provide reasonable maintenance for her, so that he could contend there was no real 'desertion', and the provisional order should not be confirmed by the magistrate.24. ..... 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 & 11 geo. v, c. ..... complained that owing to the opponent's frequent visits to england he had incurred debts and would not be in a position to remit any sum to her for maintenance for a long time to come. ..... was on the ground of desertion asked to pay the opponent, his wife, a sum of two pounds a week and a sum of two shillings for her costs. ..... whereby the petitioner was ordered to pay to his wife a sum of two pounds a week for maintenance, and a sum of two shillings for costs. ..... meanwhile, it appears that the petitioner had sent up a sum of 7-10s. .....

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

Court : Orissa

Reported in : AIR2005Ori125

..... charges for the electricity supplied are reasonably levied and duly collected;(f) to promote competitiveness and progressively involve the participation of the private sector, while ensuring a fair deal for the customers;(g) to collect data and forecast on the demand for and use electricity and to require the licensees to collect such data and make such forecasts;(h) to require licensees to formulate perspective plans and schemes in coordination with others for the promotion of generation, transmission, distribution and supply of electricity and ..... 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 ..... and the managing director, cesco pleaded that diversion of funds was necessary in order to make payment towards salaries, wages and statutory dues and for maintenance of distribution network but the commission ordered that diversion of funds or utilization of the past receivables for other ..... and 7001 of 2002 on 23-7-2002 directing that the chief executive officer will initially deposit a sum of rs.30 crores in the escrow account every month from 1st of july, 2002 and .....

V.G. Row Vs. the State of Madras

Court : Chennai

Reported in : AIR1951Mad147; (1951)IMLJ628

..... section 4 (6) of the punjab act provided that where an externment order has been made the grounds may be communicated to the externee by the authority making the order & in any case when the order is to be enforced for more than three months he shall have a right of making a representation which shall be referred to the advisory tribunal constituted under section 3 (4) of the act ..... event cannot be deemed to be valid under the amended act as the maintenance of law & maintenance of order are two distinct matters & the maintenance of law is not one of the grounds recognised by the new section & it is, therefore, uncertain on which of the ..... the other extreme & said:'the question of the reasonableness of a rate or charge for transportation by a railroad company, involving as it does, the element of reasonableness both as regards the company & as regards the public, is eminently a question for judicial investigation, requiring due process of law for its ..... laws' by saying that 'not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persona should be equally entitled to pursue their happiness & acquire & enjoy property; that they should have like access to the ..... the magna carta & assertions of such prerogatives cost an english king his head & another his throne ..... purchased for a sum of .....

Ramkrishna Vishnu Murti Vs. Laxminarayan Chunilal Lahoti

Court : Mumbai

Reported in : (1961)63BOMLR106

..... under section 28 of the act become executable not by reason of the provisions of the code of civil procedure, but by reason of the well known principle that when a power to give certain orders or directions is given to a court without any consequential power for enforcement of that direction or order, then, the courts would have an implied power to direct execution of those orders, and he argues that since there is nothing in the act which provides for the ..... guardian failed to comply with the court's order to pay a certain sum of money due from him to the minor's account, and it was held by the patna high court that the court can proceed under section 45 of the guardians and wards act, 1890, or direct the acting guardian to file a regular suit against the ex-guardian, but as there was no petition under the guardians and wards act, the order making the ex-guardian liable to pay the ..... he recovered possession and any landlord or other person in occupation of the premises who fails to comply with the order of the court under sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.it will be seen from this section that where the landlord has recovered possession for personal occupation, under clauses (g) and (i) of section 13(1), and the landlord does ..... the act provides that the landlord can sue for recovery of possession on the ground of non-payment of ..... and the rule will have to be discharged with costs .....

Munni Begam Vs. Abdul Satar

Court : Madhya Pradesh

Reported in : II(2001)DMC596

..... herself and she has no relatives as mentioned in sub-section (1) or such relatives or any one 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 law for ..... to sum up, we hold as under :'the provisions of section 7 of the act do not prohibit the proceedings under section 128 of the code to enforce any order under section 125 or 127 of the code passed prior to enforcement of the act. ..... 'order of payment of maintenance-(1) notwithstanding anything contained in the foregoing provisions of this act or in any other law for the time being in force, where a magistrate is satisfied that a divorced woman has not remarried and is not able to maintain herself after the iddat period, he may make an order directing such of her relatives as would be entitled to inherit her property on her death according to muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the need of the divorced ..... in the stated facts of the case, the maintenance under section 125 of the code was awarded before the commencement of the act. .....

Kamal UddIn Vs. Raisa Begum Alias Munni and anr.

Court : Allahabad

Reported in : 2001CriLJ4410

..... 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. ..... 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. ..... 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 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. ..... view of this non obstante clause the provisions of section 4 prevail over earlier provisions of the same act and also over the provisions of any other enactment in force. ..... section 3 opens with the words 'notwithstanding any thing contained in any other law for the time being in ..... the revision is accordingly dismissed and it is made clear that the learned magistrate shall ensure the payment of maintenance allowance to the opposite party ..... non obstant clause in section 4 reads 'notwithstanding any thing contained in the foregoing provisions of this act or any other law for the time being in .....

(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. ..... he 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 is awarded to that child and if that person afterwards refuses to maintain his wife and the legitimate children, the wife and the legitimate children would have no remedy against him, for the sum of 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. ..... 350 per mensem, or such other sum as the court might deem fit. ..... , having been transmitted to the district magistrate, an order for the payment of rs. .....

Saraswathi Ammal Vs. Ponninatha Nainar

Court : Chennai

Reported in : (2006)3MLJ272

..... long before the passing of the act ..... , it is a jus ad rem not jus in rem and it can be enforced by the widow who can get a charge created for her maintenance on the property either by an agreement or by obtaining a decree from the civil court;(3) that the right of maintenance is a matter of moment and is of such importance that even if the joint property is sold and the purchaser has notice of the widow's right to maintenance, the purchaser is legally bound to provide for her maintenance;(4) that the right to maintenance is undoubtedly a pre-existing right which existed in the hindu law ..... (2) nothing contained in sub section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.16. ..... however, there is no order as to costs. .....

Yemanappa Dudappa Marve (Since Deceased by His L.Rs.) and ors. Vs. Smt ...

Court : Karnataka

Reported in : ILR2003KAR3188

..... , the question of application of section 14(2) of the hindu succession act would not arise and therefore he submitted that the order passed by the courts below does not suffer from any error or illegality and does not call for interference in this ..... it is jus ad rem and not jus in rem it can be enforced by the widow who can get a charge created for her maintenance on the property either by an agreement or by obtaining a decree from the civil court. ..... on the other hand, the learned counsel appearing for the respondents submitted that admittedly, yellubai was in possession of the property when the hindu succession act, 1956, came into force and the property was settled upon her in lieu of maintenance and therefore her pre-existing right ripened into an absolute right under section 14(1) of the hindu succession act, 1956, and when once it is rightly held by the courts below that yellubai had absolute right over the schedule property ..... sub-section (2) of section 14 applies to instruments, decrees, awards, gifts, etc. ..... this regular second appeal is dismissed with costs. .....