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Home Bare Acts Phrase: illegitimateIndian Succession Act, 1925 Section 8
Title: Domicile of Origin of Illegitimate Child
State: Central
Year: 1925
The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 6
Title: Of the Construction of Wills
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Complete Act
State: Central
Year: 1956
.....is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. SECTION 23: AMOUNT OF MAINTENANCE (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable. (2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to - (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to - (a) the net value of the.....
List Judgments citing this sectionIndian Succession Act, 1925 Section 100
Title: Words Expressing Relationship Denote Only Legitimate Relatives or Failing Such Relatives Reputed Legitimate
State: Central
Year: 1925
.....to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
View Complete Act List Judgments citing this sectionHindu Minority and Guardianship Act, 1956 Complete Act
State: Central
Year: 1956
.....of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact' that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor's person Or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both. (4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both. (5) The guardian so appointed by will has the right to act as the minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will. (6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage. SECTION 10: INCAPACITY OF MINOR TO ACT AS GUARDIAN OF PROPERTY A minor shall be incompetent to act as guardian of.....
List Judgments citing this sectionEMPLOYEE'S COMPENSATION ACT, 1923 Chapter 1
Title: PRELIMINARY
State: Central
Year: 1923
.....by rules made under this Act; (i) "qualified medical practitioner" means any person registered 8[***] under any 9[Central Act, Provincial Act, or an Act of the Legislature of a 10[State]] providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the Official Gazette, to be a qualified medical practitioner for the purposes of this Act; 11[***] (k) "seaman" means any person forming part of the crew of any 12[***] ship, but does not include the master of 13[the] ship; (l) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a 26[employee] for all work which he was capable of performing at the time of the accident resulting in such disablement: 14[Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per.....
View Complete Act List Judgments citing this sectionEMPLOYEE'S COMPENSATION ACT, 1923 Section 2
Title: Definitions
State: Central
Year: 1923
.....by rules made under this Act; (i) "qualified medical practitioner" means any person registered 8[***] under any 9[Central Act, Provincial Act, or an Act of the Legislature of a 10[State]] providing for the maintenance of a register of medical practitioners, or, in any area where no such last-mentioned Act is in force, any person declared by the State Government, by notification in the Official Gazette, to be a qualified medical practitioner for the purposes of this Act; 11[***] (k) "seaman" means any person forming part of the crew of any 12[***] ship, but does not include the master of 13[the] ship; (l) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a 26[employee] for all work which he was capable of performing at the time of the accident resulting in such disablement: 14[Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Chapter VII
Title: Provisions as to Pay, Pension, Etc., and Maintenance of Famlies
State: Central
Year: 1957
.....trial by a naval tribunal, namely:-- (1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the Chief of the Naval Staff : Provided that the officer is not dealt with by a naval tribunal for the said absence; (2) all pay and allowances for everyday while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court and sentenced to imprisonment; (3) all pay and allowances for everyday while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act: Provided that such certificate is accepted by the Chief of the Naval Staff; (4) any sum required to make good the pay and allowances of any person subject to naval law which he has unlawfully retained or refused to pay; (5) any sum required to make good any loss, damage or destruction of Government property or property belonging to a naval mess, band or institution which after due.....
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Chapter III
Title: Maintenance
State: Central
Year: 1956
.....is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. Section 23 - Amount of maintenance (1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable. (2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to- (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to- (a).....
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