A father filed proceedings from Siwan against his son for maintenance. The son took a preliminary objection on the point of jurisdiction as he resided in Patna. The Patna High Court rejected his objection. The Supreme Court held that in respect of maintenance claimed by his wife, the legislature has widened the jurisdiction to include the district where the wife resides to provide speedy relief to her and her children. However, in this case relating to parents’ maintenance, proceedings should be initiated in Patna where the son resides according to Section 125 (a) of the Criminal Procedure Code that states inter alia that action against a person in this regard be taken against “in any district where he is”. This necessitates the presence of the person where proceedings are initiated (Vijay Kumar Prasad vs State of Bihar & Ors).

The Tamil Nadu Kalyana Mandapam Association — formed to protect the interest of marriage mandap owners — challenged the levy of service tax on the proprietors. Upholding the levy, the Supreme Court held inter alia that making available premises for a few hours whether with or without allied facilities itself would amount to service and does not involve transfer of property as contended. Further, the mandap keepers provide other allied services like lighting arrangements, floor covering, etc. Providing outdoor catering also amounts to service and not hire-purchase agreement as the service assumes predominance (Tamil Nadu Kalyana Mandapam Association vs Union of India).

In a recent decision, the Supreme Court has held that auction purchasers of premises cannot be held liable to clear the unpaid dues in respect of electricity and charges of the previous owners. When the auction buyers of certain urban properties applied for fresh connection, the Ahmedabad Electricity Co. insisted on their clearing the unpaid amount. The Supreme Court held that the instant case was that of fresh connection though the premises were the same. In the absence of specific statutory provision in this regard, the buyers cannot be held liable to clear the arrears of the previous owners (Ahmedabad Electricity Co. Ltd vs Gujarat Inns (P) Ltd).

SOLON