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 Court: delhi Page 1 of about 1 results (0.174 seconds)

Nanak Chand Benarsi Das and ors. Vs. Chander Kishore and ors.

Court : Delhi

Reported in : AIR1969Delhi235; 1969CriLJ965

..... 'child' has been deliberately used to leave the courts free to order maintenance for such sons and daughters as are unable to earn livelihood for themselves, having due regard to the class of society to which they belong and other surrounding circumstances. ..... section 4 provides for the overriding effect of the act, the section reads:--'save as otherwise expressly provided in this act - (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act ..... enter into any contract or enforce her claims; as this daughter ..... entitled to any maintenance for board and lodging although they were entitled to payment of their college ..... 1921 pat 379 where the question before the court was whether the maintenance awarded ..... who had chosen to disregard their father's wishes in the matter of choice of husbands for them the respondent had no right to refuse to maintain the petitioners, we cannto help expressing our strong disapproval of the conduct and behavior of the petitioners in maligning their own father and bringing a charge of adultery against him visa-vis smt. ..... sum paid for the maintenance of the child was held to cover the cost of education till the child was old enough to earn his living and thus relieve the father of the burden of his maintenance .....

Sunny Paul vs.state of Nct of Delhi & Ors

Court : Delhi

..... section 4 and section 23 are lpa no.205/2017 page 17 of 35 separate and distinct remedies and the claim for maintenance is not a condition precedent for passing an eviction order under section 23 of the act ..... (c) no.10463/2015 whereby the learned single judge has upheld the order dated october 01, 2015 passed by the maintenance tribunal constituted under the maintenance and welfare of parents & senior citizens act, 2007 (for short act of 2007 ) whereby the appellant and his brother were directed to lpa no.205/2017 page 1 of 35 vacate h.no. ..... commissioner/dm is satisfied that the eviction order needs to be made, the deputy commissioner/dm may make an order of eviction, for lpa7832017 page 8 reasons to be recorded the property/residential building shall be vacated; (3) enforcement of orders, directing therein, that by duly authorized (i) if any person refuses or fails to comply with the order of eviction within thirty days from the date of its issue, the deputy commissioner/dm or any other officer the deputy commissioner/dm in this ..... at the cost of repetition, we may state here that having regard to the object of the act (i) the term transfer shall include actual transfer of title or ownership; lpa no.205/2017 page 28 of 35 the act of allowing possession of property / allowing stay in the property or in part of property from which the senior citizen / parents can earn income to maintain themselves and (ii) similarly the term transferee shall mean the children / legal heir in whose ..... costs .....

Radhika Narang and ors. Vs. Kuldeep Narang and anr.

Court : Delhi

Reported in : 156(2009)DLT637

..... in this context, he referred to the cause title of the suit itself which stated 'suit for maintenance and separate residence under section 9 civil procedure code read with section 18 and 20 of the hindu adoption and maintenance act, 1956 and for permanent and mandatory injunction.'4. mr. ..... 1.75 lacs (one lac seventy-five thousand only) per month and appropriate orders be passed, securing the payment of the maintenance amount against/ from the assets of the defendants. ..... hence the entire joint property is liable to be subjected to a charge for the maintenance of the plaintiff as the wife of one of the coparceners. ..... the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to'(a) the jurisdiction of the court, or(b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.]18. ..... 'where a dependant has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.24. ..... (e) costs of the suit be also awarded to the plaintiffs. .....

Lajwanti Vs. Baleshwar Singh and anr.

Court : Delhi

Reported in : ILR1972Delhi874B

..... this court against the decision of the district judge under section 9(4) of the said act asking for a share in the deposit or alternatively increased maintenance while baleshwar singh and surrinder singh (respondents) filed cross-objections denying both these ..... (3) the court to which a deposit and any record relating thereto are forwarded under sub-section (2) shall proceed to deal with the matter as if the deposit had been made in compliance with an order made by it in a proceeding before it and, after making such further inquiry into the matter as it thinks fit, award the deposit to or distribute it among the person or ..... other hand, a right to maintenance has to be enforced by a suit for money which is outside the scope of the specific relief acts ..... maintenance is made a charge on property, the charge holder would not have an interest in or claim to the property in as much as a charge does not amount to an interest in the property (vide section 100 of the transfer of property act ..... the learned single judge has it been appreciated that the sum of money held by the court of wards and transferred in pursuance of a intergovernmental agreement from pakistan to india to be held by the government for delivery to the displaced person to' whom it belongs is treated purely as a movable property capable' of delivery to the person entitl by a public authority and not as a monetary obligation of one person to another. ..... it does not accord with the payment of a money claim to a ..... order as to costs .....

Jaideep Singh Sandhu Vs. Union of India and ors.

Court : Delhi

Reported in : 1995IIIAD(Delhi)1137; 1995(34)DRJ307

..... , and on behalf of the person subject to the army act, to have the attachment order set aside, by applying to the solicitor to the local government or other officer he is entitled to consult on legal matters for such legal assistance as he may require, in the event of (i)an order for attachment of his pay and allowances being issued by direction of any civil or revenue court or of any revenue officer in execution of any decree or order enforceable against him, or (ii)an order for attachment of his pay and allowances being issued by a criminal court under section 421 cr pc for enforcement of a maintenance order made under section ..... (i)any sum required by order of the central government to he paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child. ..... in other words, if in a suit for maintenance or payment of alimony a civil court grants a decree in favor of the wife or children, the amount decreed can be deducted from the pay and allowances of a person and paj,d to the wife or children under this clause. ..... the compensation was awarded in exercise of the powers conferred under section 90(i) of the army act 1950 (46 of 1950). .....

Prashant Ojha Vs. Shalu Ojha

Court : Delhi

..... an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to ..... for enquiry in a proceeding under section 23 of the act and the other provisions of the act, proceedings referred to under sub-section (2) of section 23 of the act for granting ex-parte interim relief is excepted which is pertaining to only to grant ex-parte orders where the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is likelihood that the respondent may commit an act of domestic violence, he may grant an ex-parte order ..... and the said confusion has been clarified in further mandatory words by mentioning, that the application under section 12 shall be dealt with and order enforced in the same manner as laid down under section ..... maintenance granted, after adjusting the sum of rs.10 lac already paid to the respondent, to pay a sum of rs.4 lac to the respondent in execution proceedings coming up on 24th february, 2015 before the trial court and further to pay a sum of rs.8 lac to her on 24th march, 2015 and equivalent sum on 24th april, 2015 and clear the arrears by making balance payment .....

Mrs. Kiran Uppal Prop. M/S Clas Vs. Ashok Kumar and Others

Court : Delhi

..... the tribunal has passed award and directs the reinstatement of any workman and the employer prefers any proceedings against such award in a high court or the supreme court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him, inclusive of any maintenance allowance admissible to ..... and 13 held as under:- 5.the short question that arises for consideration is : whether the order of the high court directing payment of regular salary payable on reinstatement as on the date of the order to the respondent, which is over and above full wages last drawn occurring in section 17-b of the ..... -workman has submitted that the learned industrial tribunal ii, passed the impugned award dated 10.01.2005, enforceable with effect from 11.03.2005, while holding the termination of the services of the respondent/ workmen was illegal and unjustified, directed the petitioner to reinstate the workmen back in service with ..... of section 17b of the industrial disputes act if all the other conditions precedent for passing an order in terms of the section 17b of the act are satisfied [re : (1999) 9 scc 229 entitled choudhary sharai vs executive engineer panchayati raj department and ..... the employer under section 17-b to the workman cannot be directed to be refunded in the event he loses the case in the writ petition, [see : dena banks case (supra)] any amount over and above the sum payable under .....

Paramjit Singh Sarna, Delhi Sikh Gurdwara Committee and anr. Vs. Avtar ...

Court : Delhi

Reported in : 128(2006)DLT575

..... under article 226 of the constitution was not maintainable since an alternate and an efficacious remedy was available under sections 31, 32 and 33 of the part v of the dsg act which provides for settlement of the elections and other disputes and the delhi sikh gurdwaras (election of pro tempore chairman, president other office bearers and delhi sikh gurudwara) act, 1971 and the rules framed there under to challenge the election of the ..... england, fourth edition volume i, paragraph 89, it is stated that the purpose of an order of mandamus is to remedy defects of justice; and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right, and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient beneficial and effectual.20 ..... : (1976)illj274sc it was submitted before the constitution bench that an award under section 10-a of the industrial disputes act, 1947 savours of a private arbitration and was not amenable to correction under article 226 of the constitution ..... fully in agreement with the scope of writ jurisdiction felicitously summed up by the learned single judge and indeed affirm his conclusions on the scope of article ..... that the statements of the witnesses were vague, general and conjectural in nature and did not establish the charge made by the appellant. ..... and is hereby dismissed but without any order as to costs. .....

Avtar Singh Hit Vs. Delhi Sikh Gurudwara Management Committee and ors.

Court : Delhi

Reported in : 127(2006)DLT535

..... under article 226 of the constitution, every high court has the power to issue to any person or authority including in appropriate cases, any government, throughout the territories in relation to which it exercises jurisdiction, directions, orders, or writs including writs in the nature of habeas corpus, mandamus, quo warranto and certiorari, or any of them, for the enforcement of the fundamental rights conferred by part iii of the constitution or for any other purpose. ..... there is thus no doubt that the high courts in india exercising their jurisdiction under article 226 have the power to issue a writ of mandamus or a writ in the nature of mandamus or to pass orders and give necessary directions where the government or a public authority has failed to exercise or has wrongly exercised the discretion conferred upon it by a statue or a rule or a policy decision of the government or has exercised such discretion mala fide or on ..... rohtas industries staff union : (1976)illj274sc it was submitted before the constitution bench that an award under section 10a of the industrial disputes act, 1947 savours of a private arbitration and was not amenable to correction under article 226 of the constitution. ..... the court observer shall be shall be paid a sum of rs.30,000/- as his fee. ..... parties to bear their respective costs. .....

Court on Its Motion Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580

..... and any of its departments, any corporation or other organisation/ companies, which are owned by the state or the dtc, shall not pay fine for any traffic offences committed by their drivers and payments of such fines, composition fee or any other charges ..... and socially fair that the public money should be spent for providing gadgets for catching these offenders because of obvious lack of man- power and other limitations of the state' the expenditure indicated above is only for installation purposes of such equipments and the expenditure to be incurred for their effective maintenance ..... of the bureau of indian standards or any other international standards and the glass which is on the front windscreen and the rear window of a vehicle, is expected to have visual transmission of light not less than 70%, while the glass ..... section 359 of the criminal procedure code wherein if a complaint of a non-cognizable offence is made to court, the court if convicts the accused, may in addition to the penalty, order him to pay the complainant the cost incurred by him and in default pass such appropriate orders ..... enforcement agencies to take stock of the things, act with wisdom and ensure effective obedience of law 'the authorities cannot take shelter of different excuses to enforce the law, which is their primary duty and ..... for the reason that it was argued before the court that the licenses are being sold and the buses are being operated by the persons other than the persons, who were awarded ..... sum .....