AI Overview...
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Maintenance under Section 125 of the Cr.P.C. (1973) - The law provides for maintenance to spouses and children, emphasizing that the obligation persists regardless of the spouse's income source. Courts have affirmed orders granting maintenance, and applicants can seek enhancement based on previous orders. The cases highlight that even if the spouse has sufficient income, the obligation to contribute remains. Seema Devi VS State of Uttarakhand - Uttarakhand, Nitin Vij VS Pooja - Delhi, Harun Rashid VS Ujma Siddhique - Uttarakhand, Subhasis Gupta VS Sritama Kar - Calcutta
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Legal proceedings and orders related to maintenance - Courts have upheld maintenance orders, with some cases involving revisions or appeals. Orders must follow due process, and violations can lead to quashing or modification of decisions. The courts also consider the facts of each case, including the applicant's need and the respondent's capacity to pay. Prabha Minz VS State of Jharkhand - Jharkhand, Ram Chandra Ram VS Commissioner, North Chotanagpur - Patna, Seema Devi VS State of Uttarakhand - Uttarakhand, Harun Rashid VS Ujma Siddhique - Uttarakhand
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Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973 - This Act governs land mutation and record maintenance, with specific provisions (Sections 14-16) outlining jurisdiction, procedural fairness, and rights of parties. Orders passed without proper adherence to these provisions can be quashed. The Act also regulates mutation proceedings, emphasizing the importance of following legal procedures to ensure validity. Several cases discuss jurisdictional issues, procedural violations, and the impact on mutation and record maintenance processes. Chandrawati Devi @ Chandrawashi Devi VS State Of Jharkhand - Jharkhand, Prabha Minz VS State of Jharkhand - Jharkhand, Dilip Kumar Sharma, S/o Late Gauri Shankar Sharma VS State of Jharkhand - Jharkhand, Ram Chandra Ram VS Commissioner, North Chotanagpur - Patna, Meghan Mahto VS State of Jharkhand, through the Deputy Commissioner - Jharkhand
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Key Insights - Maintenance under Section 125 is a statutory right that remains enforceable despite income sources; procedural adherence under the Bihar Tenant’s Act is critical for valid mutation orders; violations of due process can invalidate orders. The legal framework emphasizes fairness, proper jurisdiction, and the importance of following statutory procedures in maintenance and land record cases.
Analysis and Conclusion:
The 1973 legal landscape underscores the importance of procedural correctness in maintenance and record-related cases. Maintenance orders under Section 125 are robust protections for spouses and children, enforceable regardless of income, but must be granted following proper legal procedures. Simultaneously, the Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973, sets strict procedural standards for land record management, with violations leading to orders being quashed. Overall, these cases reflect a judicial emphasis on legality, fairness, and adherence to statutory provisions in maintenance and land record proceedings.
Search Results for "Maintenance 1973"
2023 0 Supreme(UK) 548 • India - Uttarakhand
RAVINDRA MAITHANI
Section 125 of the Code - Maintenance - 1973 - [125] Fact of the Case: p align ... of maintainability due to a previous maintenance order. ... was maintainable in light of a previous maintenance order. ... Learned counsel for the revisionists seeks permission to lead evidence for enhancement of the maintenance that was granted in the first maintenance case. ... It is true that the application is filed under Section 125 of the Code, but it is also true that in the first mainte....
2017 0 Supreme(Del) 3146 • India - Delhi
I.S.MEHTA
. - Maintenance - 1973 - [125 Cr.P.C.] - The court affirmed the order for maintenance under Section 125 Cr.P.C. based on the statutory ... , claiming maintenance for herself and the minor child. ... the respondent's entitlement to maintenance for herself and the minor child. ... The mere fact that the spouse with whom the child is living is having a source of income, even if sufficient, would in no way absolve the other spouse of his obligation to make his contribution towards the maintenance#....
2018 0 Supreme(Jhk) 2776 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Jurisdiction - Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 - Section 14, 15, 16 Fact of the Case: ... Issues: Jurisdiction of the authorities under the Bihar Tenant's Holdings (Maintenance of Records) Act, 1973. ... authorities were without jurisdiction as they did not follow the proper hierarchy of authorities under the Bihar Tenant's Holdings (Maintenance ... During the course of argument, when the counsel was asked to refer to the provisions of law under which these orders have been....
2012 0 Supreme(Jhk) 1382 • India - Jharkhand
P.P.BHATT
Section 16 of the Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 - Opportunity of being heard - The court quashed ... that the order was passed without following the due process of law as envisaged under Section 16 of the Bihar Tenant's Holdings (Maintenance ... . 67 (R) 15 of 2007-08 was in violation of the due process of law as envisaged under Section 16 of the Bihar Tenant's Holdings (Maintenance ... The learned counsel for the petitioner submitted that the learned Deputy Commissioner, Ranchi has passed th....
2023 0 Supreme(Jhk) 1032 • India - Jharkhand
SUJIT NARAYAN PRASAD
under the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973. ... REFERENCED: Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973] - The court discussed the dispute over the mutation of land ... Mutation - Land Dispute - Bihar Tenant’s Holdings (Maintenance of Records) Act - [SUMMARY OF ACT SECTIONS ... Meanwhile, the case for fixation of rent, was filed under the provision of Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973 which was register....
2022 0 Supreme(UK) 88 • India - Uttarakhand
RAVINDRA MAITHANI
Maintenance - Section 125 of the Code of Criminal Procedure, 1973 - [MAINTENANCE] - [FAMILY LAW] - [Section 125 of the Code of ... Criminal Procedure, 1973] - The court allowed the application for maintenance under Section 125 of the Code and directed the revisionist ... to pay maintenance to his wife and daughter. ... By the impugned judgment and order, an application filed by respondent no.1 under Section 125 of the Code of Criminal Procedure, 1973 (“the Code”) seek....
1985 0 Supreme(Pat) 340 • India - Patna
SANDHAWALIA, S.ROY, A.P.SINHA
Bihar Tenants Holdings (Maintenance of Records) Act, 1973, Sec. 16 – Revision – Mutation proceedings – After the repeal of sec. 17 ... However, in the year 1973 the matter was sought to be given statutory foundation by the enactment of the Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973 (hereinafter to be referred to as the ‘Act’). ... Tenant’s Holdings (Maintenance of Records) (Amendment) Act, 1982. ... Short title, extent and commencement:-- ... (1) This Act, may be called....
1993 0 Supreme(Pat) 285 • India - Patna
S.B.SINHA, R.N.PRASAD
MUTATION - BIHAR TENANTS HOLDING (MAINTENANCE OF RECORDS) ACT, 1973 - SEC. 14, 15, 16 - MUTATION MANUAL - CLAUSE 10 - RIGHT OF ... application on the ground that he had no jurisdiction to entertain it after the coming into force of the Bihar Tenants Holding (Maintenance ... of Records) Act, 1973 (the Act). ... This application is directed against an order dated 26-5-1992 passed by the Commissioner, Saran Division Chapra in Case No. 87/1991-92 whereby dismissed the revision application filed by the petitioner on the groun....
2017 0 Supreme(Jhk) 292 • India - Jharkhand
RAJESH SHANKAR
Bihar Tenants Holdings (Maintenance of Records) Act, 1973—Sections 14, 15 and 16—Cancellation of long running Jamabandi—Since Jamabandi ... Learned counsel for the petitioner submits that the mutation proceeding is regulated by the provisions of the Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 [hereinafter to be referred to as ‘the said Act’]. ... The Sub-divisional Officer has been defined under Section 2(t) of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973#HL_END....
• India - Calcutta
JOYMALYA BAGCHI
MAINTENANCE - FOREIGN MARRIAGE ACT, 1969 - SECTION 17, 18(4) - CODE OF CRIMINAL PROCEDURE, 1973 - SECTION 125 - Whether Section ... Fact of the Case: The wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 for maintenance ... As relief of maintenance has been claimed by the wife under Section 125 of the Code of Criminal Procedure, 1973 and not under the ... As relief of maintenance has been claimed by the wife under Section 125 of the....
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