Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income tax returns of husband taken into consideration while granting interim maintenance - Wife having degree and preparing for Phd. - Without evidence being led by parties, conclusion about their income cannot be drawn - But looking to necessity to meet day to day expenses by wife,..........
Agreement to sell -- Specific performance - Readiness and willingness - Bank account statement - On two dates there was deposit of Fifty and Fifty four lakhs - Otherwise there was barely deposit balance of Rs.25,000/- - No explanation as to how plaintiff mysteriously had such huge amounts on two dates and what was the source of those amounts and why such amounts appeared..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Calculation of income - Tribunal by taking into account the income tax return of previous three years arrived at average income of claimant @ Rs.1,45,231 - However, Tribunal proceeded on annual income of Rs.2,22,000 on the basis of testimony of claimant, which is contradictory - It would be necessary for Tribunal to take..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Agreement to sell -- Specific performance - Plaintiff contended that no objection certificate (NOC) not obtained by defendant from authorities concerned - However, there is nothing to indicate the nature of NOC that defendants were required to obtain and who were authorities from whom such NOC was required - Similarly, there is no indication about nature of income tax..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Plaintiff filed application when case was at the stage of arguments that defendant be directed to produce Income Tax Returns and documents relating to previous litigation - Application not maintainable as O.11.R.14 CPC does not envisage filing of any application at the stage of arguments...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife forcibly ousted from the matrimonial home - Wife educated but she is no more working - Husband claimed his gross income to the tune of Rs.3.63 lakhs as per income tax return - Wife must have spent a considerable amount to pursue divorce petition filed by husband - Taking into consideration the status..........
Income Tax Act, 1961, Section 14A(2), (3), Income Tax Rules, 1962, Rule 8D -- Expenditure incurred in relation to income not includible in total income - Methodology to determine amount of said expenditure first time prescribed in R.8D of the Rules with effect from 24.03.2008 further substituted by amendment of 02.06.2016 - Hence, R.8D of the Rules is prospective in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement - Wife awarded Rs.10,000/- p.m. as maintenance pendente lite about 5 years back - Taking into consideration escalating prices, even if it is presumed that she is capable of earning and a meagre amount is indicated in her Income Tax Returns, she is entitled to enhanced maintenance to the sum of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reopening of issue of maintenance pendente lite - Earlier application of wife u/s 24 of the Act dismissed - Another application u/s 25 of the Act filed by wife disposed of with a finding that wife was responsible for delay in disposal of said application and such findings attained finality - More so,..........
