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: gujarat

Vasantlal Dhansurhlal Jariwala Vs. G.N. Dike, Secretary to Govt. of Gu ...

Court : Gujarat

Reported in : (1976)17GLR122

..... act was brought into force on december 19, 1974 by virtue of the power conferred upon the central government by sub-section (3) of section 1 of the cofeposa act and thereafter a presidential order was passed on december 23, 1974 under article 359(1) of the constitution suspending the right to move a court for the enforcement of the rights conferred by articles 14, 21 and clauses (4), (5), (6) and (7) of article 22 of the constitution as regards an order passed under the cofeposa act ..... the maintenance of public order, the maintenance of supplies and services essential to the community and conservation of foreign exchange, smuggling of goods or abetting other persons to smuggle goods, or dealing in smuggled goods as part of the general law pertaining to preventive detention, a separate enactment altogether dealing specifically with activities prejudicial to the conservation or augmentation of foreign exchange and smuggling ..... involves the courts in a speculative attribution of intent to an administrative body, and it would be more satisfactory if the courts had statutory power (a) to remit the decision to the competent authority and (b) to award the applicant damages or compensation for such pecuniary loss as he had sustained because of that authority failure to ..... while summing up the position in terms referred to the decision in dwarka dass case nor has he in terms pointed out that if one of the grounds for an order of detention is found to be bad, the whole order is vitiated and must .....

Petlad Nagarpalika Vs. Rajratna Naranbhai Mills Co. Ltd. (In Liquidati ...

Court : Gujarat

Reported in : [1974]44CompCas517(Guj); (1975)0GLR193

..... when the state was conceived as police state its normal functions were maintenance of law and order, enforcing orderly and regulatory behavior in the society. ..... the state gas entered into industrial and commercial activity on a very large scale and if income form such activities derived by the state was to be treated as revenue and was, therefore, to be granted priority in payment, it would be highly discriminatory and inconsistent with the doctrine of pair pass distribution of assets of an insolvent company statutorily reecognised in section 511of the companies act. 10. ..... it was entitled to charge for the energy consumed by the customer. ..... -in a winding up, thee shall be paid in priority to all other debts- (a) all revenues, taxes, ceases and rates due from the company to the central or a state government or to a local authority at the relevant date as defined in clause (c) of sub-section (8), and having become due and payable within the twelve months next before that date.' 5. ..... in the facts and circumstances of the case, there would be no order as to costs. ..... word 'revenue' as also referred to include every sum annually paid to the government by the proprietor of any estate or tenure in respect thereof. ..... , priority in payment was claimed in respect of the claim by the telegraph department which included the cost of moving telephone lines, rent of telephone lines, telephone bills, etc. .....

Hansaben Rameshkumar Patani Vs. Rameshkumar Ratilal Patani and anr.

Court : Gujarat

Reported in : 1992CriLJ3688; I(1993)DMC544; (1992)2GLR1404

..... it was observed by the learned trial magistrate that unless and until order under section 125 of the code is altered or modified the trial magistrate court can proceed for enforcement of the maintenance order. ..... until that is done it is enforceable and no plea that there has been change in circumstances of passing of any order under section 24 of the hindu marriage act or any other plea can be permitted to be raised. ..... obviously, it will also be open for the wife to pursue appropriate legal remedies for the enforcement of an order of interim alimony under section 24 of the act, passed in her favour in rajasthan court against the husband by taking appropriate proceedings before the competent court. ..... mere passing of an order under section 24 of the hindu marriage act for interim alimony would not operate as set off against the order of maintenance under section 125 of the code. ..... 125/-per month shall be set off and subject to any payment or deposit by the husband in the rajasthan court pursuant to the order passed in interim alimony under section 24 of the act. ..... an order for payment of maintenance may be cancelled for any other reasons contained in sub-section (5) of section 125. ..... 60/- by way of cost of the maintenance application as awarded by the trial magistrate. ..... an order under section 125 of the code for maintenance and an order under section 24 of the hindu marriage act, are distinct orders in separate proceedings. .....

Neeta Shreyas Joshi Vs. Shreyas Siddharth Joshi

Court : Gujarat

Reported in : AIR1999Guj251; I(2000)DMC323; (1999)2GLR1170

..... order with regard to the maintenance pendente lite had been passed by the family court, at bombay in favour of the wife, she did not move any separate application for maintenance under section 24 of the act in the proceedings for divorce as initiated by her husband at the ahmedabad court, but she only moved for expenses of the litigation of the divorce petition and the court at ahmedabad passed an order for payment ..... 42) (supra) and while agreeing with the view taken by the punjab high court, it has been observed that inconvenience may ensue if execution be held to be the only method of enforcement of an order made under section 24 of the act and that there was nothing in the scheme of hindu marriage act which is opposed to the staying of a matrimonial action, for non-compliance with an order made under section 24 of the act, in exercise ..... of the act and make a reference to section 23-a of the act which provides a relief tor the respondent in divorce and other proceedings it provides in clear terms that in any proceedings for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any other relief under this act on that ground and if the petitioner ..... order as to costs ..... was paid by him up to july, 1998, whereas according to the wife, it is paid only up to june, 1998 and it is also stated that on 25th december, 1998, a sum of rs. .....

Lataben Yogendrakumar Goswami Vs. Yogendrakumar Shankargir Goswami

Court : Gujarat

Reported in : AIR1996Guj103; (1996)1GLR111

..... for want of provisions of section 28-a the order passed under section 24 of the act of 1955 would not be executable but now this order is enforceable as in the like manner as decrees and orders bf the court made in exercise of its original jurisdiction.7. ..... 'the parliament by enacting section 28-a to the act of 1955 made all the decrees and orders made by the court in any proceedings under the act of 1955 enforceable in the like manner as the decrees and orders of the court made in exercise of its original civil jurisdiction. ..... it is not in dispute that the proceedings which have been initiated by the respondent-husband under section 9 of the act, 1955, remained pending till 5-5-1993 and as such the petitioner-wife is entitled to recover the amount of the maintenance as well as the cost of the litigation for the period from 1-4-1988 to 5-8-1993.6. ..... the learned trial court has given sufficient time to the respondent-husband for making the payment of the amount of interim alimony and the litigation expenses but he had not paid single paise to the petitioner-wife. ..... on the other hand, both the counsel for the respondent as well as the respondent started remaining absent on the subsequent dates of the proceedings in the main petition and ultimately the said main petition has been dismissed for non-prosecution on 5th august, 1993.3. ..... 200 per month as an interim alimony to the petitioner-wife from 1-4-1988 and a sum of rs. .....

Yogeshbhai Jashvantbhai Modi Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR170

..... a special act like the black marketing act for the purpose of preventing the black marketing activities to save the society from the scourge and curse of black marketing, and thereafter even whenever the detention orders were passed, this court and supreme court noticing some avoidable pitfalls and patent infirmities in enforcing, implementing and executing the black marketing act, vitiating the detention order, have pointed out what is required to be done to save and sustain the orders of detention and that too ..... , the question that arises before us is-did the detenu all of a sudden improve and became honest and law-abiding enough who could be temporarily released on any casual terms and conditions as has been done in the instant case or is he still the very same problematic person whose activities were still prejudicial to the maintenance of the supply of essential commodities for which reason the order of detention was required to be immediately clamped down upon him? ..... ) firstly, at the serious cost of personal accountability of whosoever concerned in taking necessary steps to evolve suitable deterrent terms and conditions which can take care of the preventive object of the act, even when temporarily released on parole, resulting into letting off the detenu preventively detained on extremely serious allegation of black marketing and secondly, further none-the-less equally important duty and obligation of the concerned officers to respect and implement the guidelines given to .....

Ramanlal Chimanlal and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1967Guj148; 1967CriLJ879; (1967)ILLJ447Guj

..... other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved; the occupier or manager of the factory, as the case may be, proves to the satisfaction of the court : (a) that he has used due diligence to enforce the execution of this act, and (b) that the said other ..... others obligations to protect workers, unwary as well as negligent, and to secure for them employment in conditions conducive to their health and safety and also require the occupiers or managers to maintain inspection staff and to make provision for maintenance of health, cleanliness, prevention of overcrowding and ..... act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine and sub-section (2) of that section says that where a worker is convicted of an offence punishable under sub-section (1), the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that be failed to take all reasonable measures for ..... of three months, the occupier or manager who is charged can always point out to the judicial authority trying him that the actual contravention was not committed by him but was committed by someone else without his knowledge, consent or connivance and that circumstance would certainly be taken into account in the award of the penalty under s. 92. 14. ..... costs .....

Ramanlal Chimanlal and anr. Vs. the State of Gujarat and anr.

Court : Gujarat

Reported in : (1966)7GLR552

..... in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the court-(a) that he has used due diligence to enforce the execution of this act, and(b) that the said other person committed the offence in question without his ..... save as is otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which; may extend to three months or with fine which may extend to five hundred rupees or with both, and if the contravention is continued after conviction, with ..... impose upon the occupiers or managers certain obligations which include amongst others obligations to protect workers, unwary as well as negligent, and to secure for them employment in conditions conducive to their health and safety and also require the occupiers or managers to maintain inspection staff and to make provision for maintenance of health, cleanliness, prevention of overcrowding and amenities like lighting, ventilation, drinking water etc. .....

Gujarat State Road Transport Corporation Vs. Firoze M. Mogal and Anoth ...

Court : Gujarat

..... jurisdiction of the high court under this act or under law for the time being in force, shall lie to and be heard by a bench consisting of two other judges of the high court" (emphasis supplied) 17.2 the full bench of the karnataka high court, after careful reading of section 4, made the following observations:- "a careful reading of the aforesaid provision makes it clear that a right of appeal has been provided under section 4 of the act against a judgment or order of a learned single judge only if it is passed ..... rights, evidently thought it necessary to provide also a quick and inexpensive remedy for the enforcement of such rights and, finding that the prerogative writs, which the courts in england had developed and used whenever urgent necessity demanded immediate and decisive interposition, were peculiarly suited for the purpose, they conferred, in the state's sphere, new and wide powers on the high courts of issuing directions, orders or writs primarily for the enforcement of fundamental rights, the power to issue such directions, etc ..... secondly, we hold that the award suffers from a fundamental flaw that it equates an illegal and unjustified strike with brazen misconduct by every workman without so much as identification of the charge against each, the part of each, the punishment for each, after adverting to the gravamen of his misconduct meriting dismissal. .....

Girishchandra R. Bhatt and anr. Vs. Dineshbhai N. Sanghvi, Principal, ...

Court : Gujarat

Reported in : (1996)1GLR812

..... declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate government or the central government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the legislature of the state, if the order has been made by a state government, or before parliament, if the order has been made by the central government. ..... in view of the fact that there being no specific provision to execute the awards of the tribunal not only under the gujarat primary education act, but also qua other tribunals constituted for educational institutions, the teachers have been facing enormous difficulty and hardship to enforce the awards. ..... it cannot be disputed that when the aforesaid direction was given, this court was not conscious that the direction had created a liability for payment of about 28 crores of rupees, as arrears to the instrcutors in the adult and non-formal education scheme under the education department in the state of haryana. ..... the tribunal shall follow such procedure as the state government may by general order direct.at the cost of repetition, we would like to say that the primary education act does not specifically provide for execution of the orders that may be passed by the tribunal. .....