Judgment Search Results Home > Cases Phrase: maintenance orders enforcement act 1921 Page 7 of about 34,477 results (0.197 seconds)

Dr. K.N. Srivatsava Vs. University of Hyderabad, Rep. by Its Registrar ...

Court : Andhra Pradesh

Reported in : 1996(1)ALT857

..... 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 in of the constitution or for any other purpose the supreme court in dwarakanath v. ..... that where parliament had conferred a discretion on the minister of agriculture to appoint a committee of investigation, so that it could be used to promote the policy and objects of the agricultural marketing act, 1958, which were to be determined by the construction of the act which was a matter of law for the court and though there might be reasons which would justify the minister in refusing to refer a complaint to a committee of investigation, the minister's ..... in halsbury's laws of england ii edition volume-i para 89, it is stated: 'the purpose of an order of mandamus is to remedied 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, that mode of redress is ..... of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school. .....

Hindustan Coca-Cola Beverages Private Limited Vs. The Chief Controllin ...

Court : Chennai Madurai

..... under protest -(i) keep the same by way of an interest bearing fixed deposit and appropriate or refund the same subject to the final outcome of the adjudication proceedings under section 47(a)(1) of the indian stamp act and also the final outcome of c.m.a.no.501 of 2009; (ii) clear the encumbrance and release the charge pertaining to said property situated at no.12/5a, 12/5b, 12/5c, 12/5d, 12/5a1 and 12/5a2 of vilavankode village, ..... under protest -(i) keep the same by way of an interest bearing fixed deposit and appropriate or refund the same subject to the final outcome of the adjudication proceedings under section 47(a)(1) of the indian stamp act and also the final outcome of c.m.a.no.501 of 2009; (ii) clear the encumbrance and release the charge pertaining to said property situated at no.12/5a, 12/5b, 12/5c, 12/5d, 12/5a1 and 12/5a2 of vilavankode village, ..... means of interest bearing fixed deposit, this court holds that the petitioner has no judicially enforceable right and hence the same is not acceded to by this court. 10. ..... constitution of india is the enforcement and not the establishment ..... the absence of an enforceable legal right no mandamus ..... court hereby orders that on production of original deed along with original challan, necessary endorsements are directed to be entered into /made by the second respondent by mentioning to the effect that the entire amount due under section 47(a) of the indian stamp act, 1899 was paid and there is no amount due under the indian stamp act. .....

Hari Krishna Mandir Trust Vs. State of Maharashtra .

Court : Supreme Court of India

..... road; and whereas, considering all these facts, the government of mahrashtra is satisfied that it is necessary to vary the said scheme under section 91 of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the said act ) to delete the said road and merge the area in adjacent plots and said variation required to be made is not of a substantial nature; now, therefore, the government of maharashtra ..... relevant facts, particularly the records of the pune municipal corporation with regard to property holders, the arbitrator s award dated 16.5.1972 under section 72 of the regional and town planning act and the admission of pune municipal corporation that the road did not belong to it, it was never acquired and that the name of pune 13 municipal corporation had wrongly been recorded. ..... of a citizen and performance of any corresponding legal duty by the state or any public authority, could be enforced by issuance of a writ of mandamus, mandamus means a command. ..... city survey records and the award of the arbitrator, the correction in the town planning record can be made even de hors section 91 of the regional and town planning act, and accordingly invited this court to make orders under article 142 of the constitution of india.77. mr. ..... read in the provision, mandamus cannot be issued to enforce the same.104. ..... be enforced through mandamus ..... requisite for issue of mandamus is that mandamus lies to enforce a legal duty. ..... writ of mandamus for enforcement of a public duty. .....

Hubballi Uraban Development Authority Vs. Hubballi Dharwad Municipal C ...

Court : Karnataka Dharwad

..... connected matters opinion of the authority is likely to be made for carrying out any general scheme of street improvement or other schemes or development or expansion by the authority ; (ii) if the proposed street does not conform to the provisions of the act, rules and bye-laws referred to in sub- section (3) ; or (iii) if the proposed street is not designed so as to connect one end with a street which is already open ; or (iv) if the layout in the opinion of the authority cannot be fitted ..... khc-d:12094-db wa no.100266 of 2022 and connected matters this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying this hon ble court to, wherefore, for the reasons and grounds stated above this hon ble court may kindly be pleased to allow this appeal and set aside the judgment and order dated2212.2021, passed by the learned single judge in writ petition no.108208-108209/2016 by dismissing the writ petition. ..... khc-d:12094-db wa no.100266 of 2022 and connected matters legal duty by the state or any public authority, could be enforced by issuance of a writ of mandamus, mandamus means a command. ..... unless a statutory duty or right can be read in the provision, mandamus cannot be issued to enforce the same.104. ..... a statutory duty must exist before it can be enforced through mandamus. ..... there can be no doubt that an important requisite for issue of mandamus is that mandamus lies to enforce a legal duty. ..... the court is duty-bound to issue a writ of mandamus for enforcement of a public duty. .....

Kaveri Amma Vs. Parameswari Amma and ors.

Court : Kerala

Reported in : AIR1971Ker216

..... prior to such amendment the section provided that in order to enforce the right against the transferee in the property transferred it is necessary1 to show that the ..... have precedence over the widow's claim for maintenance would, in the absence of any charge created as in-dicated above, bind the widow and her right to have her maintenance charged upon on appropriate portion of the family estate can be enforced only subject to such alienation'.i need only point out that the language of section 39 of the transfer of property act does not seem to justify the view ..... 39 may not operate as against a transferee purchasing the joint family property at a sale executed for meeting family debts, in the enforcement of a claim by a hindu widow for maintenance, as the hindu widow has no right to a charge against properties unless it be by an agreement or decree of the court. ..... there can be no dispute that the discharge of the debts of defendant 1's father and the expenses of the litigation which defendant 1 had to conduct in order to establish his rights as the adopted son of gopalan, principally, it will be recalled, against the plaintiff herself who was stoutly denying his status as such adopted ..... for the appellant that having regard to the purpose for which it was given it is binding on the family and will take precedence over the plaintiff's claim for maintenance, which would ripen into a charge only when such a charge is declared or created by act of parties 'or by a decree or order of court. .....

Corporation of the City of Mangalore Vs. N.S. Giri

Court : Karnataka

Reported in : [1990(60)FLR590]; ILR1990KAR654; 1990(1)KarLJ236; (1991)ILLJ150Kant

..... competence, the question would be whether, at the time when the award is sought to be enforced by means of a mandamus, is it open to the municipality to say that it is not enforceable in other words, the liability flowing out of an incompetent award cannot be enforced against the municipality even though it was passed as early as on 11th january 1969. ..... no court will ever issue mandamus for enforcement of an illegal act as laid down by a full bench ruling of the kerala high ..... even though it is a wrong order while it is sought to be enforced, its correctness cannot be questioned as laid down ..... case (supra) relied on in support of the submission is out of the context because the service condition was governed by the industrial employment (standing orders) act and not statutory rules as in the instant case. ..... 1202 of 1981 praying for a writ of certiorari to quash the order of the commissioner dated 31st december, 1980 wherein he was directed to retire at the age of 55 and also for a writ of mandamus directing the appellant municipality to retain respondent-1 in the service till he attained the age ..... besides, when similar orders had withstood the test of time, there is no justification for this court at this stage to hold in this case alone that a different interpretation has ..... the order passed by the learned single ..... , as urged by the learned counsel for respondent-1, that it is a wrong order. ..... case where it should be held that there was any lack of jurisdiction may be it is a wrong order. .....

Surender Singh Bajaj Vs. Harmeet Singh Sethi and anr.

Court : Andhra Pradesh

Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)

..... , we are of the opinion that the same cannot be accepted because the appellant is neither exercising the power of search and seizure conferred on a competent authority under the standards of weights and measures (enforcement) act, 1985 nor does the dealership agreement contemplate the arbitrator to exercise the power of a criminal court while arbitrating on a dispute which has arisen between the contracting parties. ..... the officers of the appellant in exercise of the power conferred by section 3 of the essential commodities act, 1955 and order of 1998, inspected the outlet of the respondent and found him committing malpractices and indulged in short delivery of fuel and also tampered with the ..... various sub-clauses in the dealership agreement observed that the respondent (dealer) is under an obligation to faithfully, promptly and diligently observe and perform and carry out at all time all directions, orders, rules, terms and conditions of safe practices and marketing discipline while carrying on the dealership of the appellant. ..... said agreement obligates the respondent not only to comply with the terms and conditions of the agreement, but also the directions, orders and guidelines issued for the prevention of malpractice and maintaining marketing discipline. ..... or his nominee while exercising jurisdiction under section 11 of the arbitration and conciliation act, 1996, discharges only administrative function and the order passed by him appointing an arbitrator, is not a judicial order. .....

Ganga Ram Vs. Jakali and ors.

Court : Rajasthan

Reported in : I(1992)DMC202; 1991(1)WLN340

..... there was nothing to prevent the wife from making an application for the enforcement of the order passed in her favour within one year of the decision. ..... the court observed that merely filing application for setting aside that ex-parte order on july, 70 which came to be dismissed on 6th december, 1971, could not be treated as any legal impediment for enforcing the order passed in favor of the wife. ..... merely filing of an application by husband for setting aside that order could not prevent her from filing such application for enforcement of the order. ..... brief facts giving rise to this petition are that by the order dated 15-12-83, the learned magistrate ordered to grant maintenance of rs. ..... the court further obsreved that so far as maintenance amount was orderd for the period between the date of application and the date of order and other amounts of maintenance became due every month. ..... there is clear bar and this bar is mandatory and therefore, courts below have erred in awarding maintenance for the period from 1-6-81 to 1-6-84 and this court under the inherent power can quash the impugned order. ..... jakali had moved an application for grant of maintenance as early as on 1-6-81 which was decided only on 15-12-83. ..... there is no right conferred to the court to enforce arrears of more than one year arrears.9. ..... it has been held that as it was impossible to bring the case within the provision of the indian limitation act the application was time barred. .....

Tara Sundari Debi Vs. Sarada Charan Bandopadhya

Court : Kolkata

Reported in : 7Ind.Cas.80

..... maintenance, ordered under the divorce and matrimonial causes act, 1866, is similarly inalienable [watkins v. ..... in the other class of cases, where the person entitled to maintenance is placed in a position to enforce his right by recourse to a particular fund or interest in land in the event of default of payment by the grantor, there is a tendency to treat the right not merely as one to receive future maintenance and consequently inalienable, but really as property or a substantial interest in land, and consequently alienable. ..... in one class of cases, where the right to receive maintenance has been recognized, but the enforcement of the right is not secured by a possible recourse to immovable property in the event of default by the grantor, there is no room for controversy that, according to the strict letter of section 266 of the civil procedure code of 1882, the right is really one to receive future maintenance and is not assignable. ..... but here again the case presented the distinctive feature that the person entitled to the maintenance had mortgaged his right to receive the allowance, and, when the mortgagee sought to enforce his security, objected that the mortgagee had acquired no title; in view of the mortgage, it was not competent to him, of course, to deny that the right was assignable and could be seized and sold in execution. .....

B. Rukmini Bai Vs. B.B. Suraj Bhan Singh

Court : Andhra Pradesh

Reported in : AIR1963AP407; 1963CriLJ492

..... it is based on the ground that the court which passed the maintenance order was that of the sub-divisional magistrate, guntur whereas the petition for the enforcement of the order was filed, in the court of additional district munsiff magistrate at nellore.it appears that the original petition was filed in the court of the 1st class magistrate, nellore but an objection was taken in regard ..... undoubtedly both the sub-sections contemplate a stage subsequent to the passing of the maintenance order, in the instant case, when the wife-petitioner applied for execution of the order in her favour the husband pleaded that he was not liable to pay as the petitioner ..... that as the petitioner-wife was living an adultery and had committed several acts of adultery even subsequent to the passing of the order he was not bound to pay her maintenance -- past, present or future. ..... husband came forward with the allegation that subsequent to the passing of the order the wife had committed adulterous acts and was living an unchaste life the same could be enquired into. ..... for withholding the evidence in regard to the unchastity of his wife and in para 6 has stated as under:'the respondent submits that there are several acts of adultery and incest committed by the 1st petitioner even after the date of the order of maintenance, that the respondent strongly feels that continuing to pay the 1st petitioner the maintenance allowance is only abetting and encouraging her to lead the life of incest and adultery. .....