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Home Bare Acts Phrase: legitimationIndian 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 sectionIndian Succession Act, 1925 Section 7
Title: Domicile of Origin of Person of Legitimate Birth
State: Central
Year: 1925
The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death. Illustration At the time of the birth of A, his father was domiciled in England. A's domicile of origin is in England, whatever may be the country in which he was born.
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 Marriage Act, 1955 Complete Act
State: Central
Year: 1955
.....Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force12 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent;] or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section ( 1 ) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner had, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall been entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such.....
List Judgments citing this sectionSpecial Marriage Act, 1954 Complete Act
State: Central
Year: 1954
.....to be the Marriage Officers of the State or any part thereof.] CHAPTER 02: SOLEMNIZATION OF SPECIAL MARRIAGES OBJECTS AND REASONS "Apart from the fact that the provisions of this Act, if passed, will apply to all persons marrying there under irrespective of the religion they may profess, the other changes of importance which have been made in this clause, as compared with section 3 of Act 3 of 1872, are the following, namely :- (a) the addition of a new condition relating to idiocy and lunacy; (b) the raising of the age limit for marriage....; (c) the provision for marriages abroad between citizens of India."- S.O.R.OBJECTS AND REASONS Sub-section (3).- "In cases where a marriage is sought to be solemnized before a Marriage Officer other than the Marriage Officer within whose jurisdiction the parties are permanently residing, it is essential that the notice should be given in the place of permanent residence also, and sub-el. (2) (now sub- sec. (3)) makes provision in this behalf.-J.C.R.OBJECTS AND REASONS Sections 8-,9-and10-.- "The Joint Committee feel that it would not be in the interests of the parties to an intended marriage or in the public interest .that Courts should.....
List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Chapter I
Title: PRELIMINARY
State: Central
Year: 1948
.....for different provisions of this Act and 2[for different States or for different parts thereof]. (4) It shall apply, in the first instance, to all factories (including factories belonging to the Government) other than seasonal factories: 3[Provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.] (5) The appropriate Government may, in consultation with the corporation and 4[where the appropriate Government is a State Government, with the approval of the Central Government], after giving 6[one month's'] notice of its intention of so doing by notification in the Official Gazette, extend the provisions of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise: 5[Provided that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions.....
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Section 2
Title: Definitions
State: Central
Year: 1948
.....within or outside the territorial limits of India;] (9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and-- (i) who is directly employed by the principal employer, on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment', whether such work is done by the employee in the factory or establishment or elsewhere; or (ii) who is employed by or through an immediate employer, on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or (iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; 8[and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof.....
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 sectionGovernment of India Act, 1915-19 [Repealed] Repealing Act 1
Title: Government of India Act, 1935
State: Central
Year: 1915
.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the functions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as aforesaid, references in this Act to the .Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by.....
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