Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife in her affidavit has stated that she has not been employed and is totally dependent on her mother and brother for maintenance - Husband filed his affidavit of assets, income and expenditure wherein he disclosed that his gross income is Rs.38,500/- p.m. - Rs.8000/- deducted towards expenses shown by..........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Newly registered Trust is entitled for registration u/s 12-AA of the Act on basis of its objects - There is no stipulation in S.12-AA of the Act that Trust should have already been in existence and should have undertaken any activities before making application for registration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting net pay of Rs.55,000/- in the year 2017 as net pay and also getting agriculture income - Wife entitled to maintenance of Rs.12,000/- per month...........
Special Marriage Act, 1954, Section 37 -- Permanent alimony - Husband getting salary of Rs.16,500 pm from his occupation as Vice Principal of college - No material placed in regard to other source of income or income from any property - Husband also remarried after dissolution of marriage with wife - Permanent alimony thus, directed to be payable by husband to wife..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Maintenance pendente lite - Production of documents of income of husband - For deciding application u/s 24 of Hindu Marriage Act, documents pertaining to income of husband are relevant - Furthermore children of parties are also entitled to enjoy the same status which they would have..........
Employee's Compensation Act, 1923, Section 4(1)(a), 4(1B), 4A, 19 -- Employees Compensation (Amendment) Act, 2009 - Compensation - Amendment - Compensation payable was increased by Amendment - Objective - To remove deeming cap on monthly income of an employee and extend to them compensation on basis of actual monthly wages drawn by employee - Held, there is nothing to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband who is holding diploma in electronics, cannot be assessed less than Rs.15,000 pm, as even a daily wager is earning more than Rs.15,000 pm - Maintenance @ Rs.4000 pm to wife and child rightly awarded...........
