Court : Karnataka
Reported in : I(2001)DMC41; ILR2000KAR3613; 2000(5)KarLJ83
..... . the learned trial judge by his order dated 16-10-1993 was pleased to pass an order holding that the major portion of the claim is time-barred under article 105 of the limitation act and the petitioner/decree-holder is entitled to recover only three years maintenance and further has observed that since first item of the property was sold by first respondent to the second respondent as early as 12-4-1966, the first item of the property did not ..... there is essential distinction between a suit for recovery of maintenance and enforcement of decree for maintenance ..... . the process of execution is nothing but enforcement of decrees and orders of courts by the process of the court, whereby the party entitled to the benefit of a judgment may obtain that benefit from any person against whom a decree has been ..... it is twelve years from the date when the decree or order becomes enforceable, which is usually the date of the decree or order ..... case, learned trial judge seems to have confused with the relief sought in the execution petition.the learned trial judge seems to be under the impression that by filing the execution petition, petitioner is claiming arrears of maintenance, which in fact is the wrong assumption and in fact what the petitioner/decree-holder was seeking by filing the execution petition is to enforce the decree made by the trial court in o.s. no ..... the maximum period of limitation for the execution of that decree shall be twelve years from the date when the decree becomes enforceable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All562
..... to prevent him from acting ..... order to prevent him from acting in any manner prejudicial to the public safety or the maintenance of public order or communal harmony, or to postpone his detention and, under section 3 (1) (b) to (f) of the act, to impose upon him certain restrictions and conditions for the same purpose; and that he is required to furnish security for the due performance and enforcement of the restrictions and conditions imposed upon him, and, on his failure to furnish security, he is detained in prison for the same purpose, that is, in order ..... used, as would be evident from the wordings of section 3, preventive detention act iv [4] of 1950, to mean detention with a view to prevent a person from acting in any manner prejudicial to the defence of india, the relations of india with foreign powers, the security of india, the security of the state, the maintenance of public order, the maintenance of supplies and services essential to the community or other similar matters. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1997)DMC521
..... 1 took out execution for enforcing the maintenance order passed by the judicial magistrate for the period 31.7.1991 to 28.2.1993 at the rate of ..... if any enforcement of that order is prayed for concurrently with execution of the civil court's decree, he will not be exercising his discretion judicially, if he orders enforcement except, under circumstances which i have already enumerated in this order, viz. ..... simple question for decision is whether the petitioner is entitled to claim any adjustment on account of the payment of maintenance allowance during the proceedings under the hindu marriage act in execution of the proceedings for the enforcement of an order under section 125 of the code. ..... 1,500/- and filed an application objecting to the payment of the remaining amount on the ground that he has already paid the maintenance allowance as per order of the additional district judge during the proceedings for restitution of conjugal rights, and thus there was an over-payment which ought to be adjusted towards the arrears now being claimed in the ..... 1 could enforce either of the two orders claiming maintenance for the said ..... 1 enforced and obtained the maintenance allowance for the said period in the proceedings under section 24 of the hindu marriage act as well as in execution proceedings filed earlier under section 125 of ..... other words, the order passed under section 125 of the code as well as the order passed under section 24 of the hindu marriage act granting maintenance to respondent no .....
Tag this Judgment!Court : Chennai
Reported in : 1995CriLJ3156; I(1996)DMC274
..... the kerala bench has further observed that the mere change of law cannot lead to alteration or cancellation of the orders passed under the code which have become final and section 127 of the code cannot be invoked to tamper or interfere with the maintenance orders on ground outside the framework of section 127, or to bring orders which became final prior to the act, 1986. ..... abdul rehman 1989 cri lj 1591 also the punjab and haryana high court has taken the view that there is no provision whatsoever with regard to the enforcement of an order of maintenance which has already become final under the code and the provisions with regard to the enforcement of such orders contained in the code, holds good even after coming in to force of the act, 1986. in m. a. ..... the commencement of the act, it was the duty of the trial court to exercise the powers under section 5 of the act, to find out the preference of the parties, either to be governed by the provisions of section 125 of the code or to confine the relief under section 3(1) of the act and as the orders have been passed without ascertaining the intention of the parties, the order is not binding upon the respondent and therefore the order cannot be enforced under section 128 of the ..... once the order of maintenance was granted under section 125 of the code of criminal procedure, then the enforcement alone comes under section 128, code of criminal procedure. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC18; 1985CriLJ487; 1984(2)Crimes766(SC); 1984(2)SCALE529; (1984)4SCC400; [1985]1SCR843
..... on the above grounds the district magistrate by his order dated 29.2.1984 stated that he was satisfied that the said ajay dixit was likely to act in a manner prejudicial to maintenance of public order and that it was necessary to detain him with the object of preventing him from acting prejudicially to the maintenance of public order. ..... when a challenge is made to a detention on the grounds that the stale and irrelevant grounds were the basis for detention then the detenu is entitled to be released and to that extent the order is subject to judicial review not on the ground of sufficiency of the grounds nor the truth of the grounds but only about the relevancy of the grounds which would come under judicial scrutiny.15. ..... sub-section (2) of section 3 of the act empowers the central government and the state governments, if satisfied with respect to any person, with a view to preventing him 'inter alia from acting in any manner prejudicial to the maintenance of public order', it is necessary to do so to make an order directing such person be detained.4. ..... indeed, a state of peace or orderly tranquility 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'. .....
Tag this Judgment!Court : Chennai
Reported in : (1977)2MLJ22
..... the majority set out at the end of their judgments, which we had extracted in an earlier portion of this judgment, clearly show that the president's order suspending the right to move any court during the operation of the emergency comprehends not merely the right to move the courts for enforcing the fundamental rights under part iii of the constitution, but also any rights of the same variety or kind as mentioned in part iii, whether ..... , appearing for the respondents, raised a preliminary objection as to the maintainability of the writ petitions, on the ground-that the reliefs asked for by the writ petitioners involved enforcement of their fundamental rights under article 19 of the constitution of india, which, however, has been suspended by order of the president of india dated 27th june, 1975 made under article 359(1) of the constitution for the period during which the proclamations of emergency issued by the president ..... . shukla : 1976crilj945 , was a case, which arose following a detention order under the maintenance of internal security act, 1971, and the question that arose in that case was whether the suspension of article 21 by the president's order dated 27th june, 1975, was fatal to the detenu seeking his remedy before a high court by way of a writ of habeas corpus under article 226 of the constitution asking for relief without, in terms, invoking the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999CriLJ3846
..... however, the divorced woman who is unable to maintain herself has no relatives as mentioned in sub-section (1) or if such relatives do not have enough means to pay maintenance ordered by the magistrate, then such a divorced woman can, under sub-section (2) of section 4, apply to the magistrate for a direction to the state wakf board established under section 9 of the wakf act, 1954 to pay such maintenance as may be determined by the magistrate having regard to all the relevant facts and circumstances. ..... section 5 of the 1986 act, provides that if an application is made under sub-section (2) of section 3 by a divorced woman for enforcement of her rights against her former husband (which rights are stipulated in sub-section (1) of section 31, both spouses are given the choice of filing affidavits or declarations either jointly or separately, that they would prefer to be governed ..... section 3 of the 1986 act deals with the rights of a divorced muslim woman which are enforceable against her husband in respect of (a) a reasonable and fair provision to be made for her and maintenance to be paid to her within iddat period; (b) where she herself maintains the children, a reasonable and fair provision to be made and maintenance to be paid by her former husband to the wife for the children for certain period; (c) an amount equal to the sum of mahr or dower agreed to be ..... -section (2) of section 3 deals with her right to make an application for enforcing the rights given under section 3(1). .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker181; II(1992)DMC545
..... in such circumstances, even in the absence of a provision in the hindu marriage act, the court has power to see that the orders passed by it are enforced and, in the event of non-compliance of the orders passed by the court, the pleadings or defence of a party can be struck off, in exercise of the inherent powers vested in the court. 5. ..... therefore, to hold that the levying of execution is the only remedy for enforcement of an order made under section 24 of the hindu marriage act may result in making such order wholly nugatory and ineffective'. ..... literally and in substance, the respondent has flouted the orders of the court and has failed to pay the maintenance and the litigation expenses due to the revision petitioner, without reasonable cause. ..... the court below took the view that the mere fact that the counter petitioner failed to pay the arrears of maintenance and did so even wil-fuly and without bona fides, cannot be a ground to strike off the defence. ..... 5,200/ -due towards the maintenance and litigation expenses to the revision petitioner, the defence of the respondent (husband) should be struck off. ..... 5,200/-, outstanding as balance due to the petitioner, should be the maintenance due for a period of years. ..... 880 of 1989, for directing the counter petitioner (husband) to pay maintenance at the rate of rs. ..... 200/- per mensem towards maintenance and rs. ..... 200/- per mensum towards maintenance and rs. .....
Tag this Judgment!Court : Chennai
Reported in : 1995(1)ALT(Cri)144; 1994CriLJ2670
..... potentiality of the act to disturb the even tempo of the life of the community by creating a fear psychosis and a sense of insecurity among the members of public as also the law enforcing agencies, which really and ultimately makes it prejudicial to the maintenance of public order. 21. ..... that such dangerous and illegal activities cannot be curtailed by taking re-course to the normal law and that, therefore, the detention of the detenus under the provisions of the national security act, 1980 is essential to prevent them from in any manner acting prejudicial to the maintenance of the public order and to the maintenance of supplies and services essential to the community in future. ..... precedents referred to above can be broadly stated to be that public order is what the french call ordre publique which is something more than ordinary maintenance of law and order and what is really decisive is the degree and extent of the reach of the objectionable activity upon the society and the potentiality of the act to disturb the even tempo of the life of the community. ..... , in that case, has held that the acts covered by the prohibited category are reasonably likely to be prejudicial to the maintenance of public order and that disturbance of public order in a state may in turn prejudicially affect ..... confer power to take pecautionary measures in reasonable anticipation of the commission of acts prejudicial to the maintenance of public order, in our view, have been rightly resorted to in these cases. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori125
..... 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 cesco in an officer of the state government designated ..... 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 ..... on 30-1-2002, the commission has held that 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 ..... of cesco along with its under-takings, assets, interests and rights in an appropriate officer of the state government, pending further inquiry in the matter, to ensure the maintenance of continued supply of electricity in the central zone (are of supply of cesco) to protect the interest of consumers and the public. .....
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