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Lakshmi Kant Pandey Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 2, 15, 15(3), 24 and 39; Guardians and Wards Act, 1890 - Sections 4, 7, 8, 9, 11, 17 and 26

Reported in : AIR1984SC469; 1984(1)Crimes542(SC); 1984(1)SCALE159; (1984)2SCC244; [1984]2SCR795

mal-practices indulged in by social organisations and voluntary agencies engaged in the work of offering Indian children in adoption to foreign parents. The letter referred to a press report based on 'empirical investigation carried out by the … as follows :23 (1) Except under the authority of an order under Section 24, it shall not be lawful for any person to take or … if so, the procedure to be followed for that purpose, with the object of ensuring the welfare of the child.2. The Indian Council of Social Welfare was the first to file its written submissions in response to the

Arumugha Udayar and ors. Vs. Valliammal and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5, 7, 8, 11, 12 and 14; Hindu Law; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1969Mad72

which it was held that as a result of an adoption by either spouses, the adopted son becomes the child of both the spouses and that this result necessarily followed from the combined operation of the customary Hindu … only in relation to living persons and not to persona who were dead at the time of the adoption. Section 14(1) refers only to the living wife who should be deemed to be the adoptive mother and it

In Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...

Court : Mumbai

Subject : FamilyCivil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5, 9, 10, 11, 40, 41(1), 41(2), 41(3), 41(5) and 41(6); Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 1(4) and 2; Rajasthan Children Act, 1970; Industrial Disputes Act; Guardian and Wards Act, 1890; Constitution of India - Articles 15, 21, 39, 45, 47 and 51A

Reported in : 2010(1)BomCR434; 2009(111)BomLR3816

them is that if the adoption is of a daughter, the father or mother who wish to adopt the child must not have a Hindu daughter (or a son's daughter) living at the time of adoption. Parliament enacted … 1956 was enacted by Parliament 'to amend and codify the law relating to adoptions and maintenance among Hindus'. Section 4 gives overriding force and effect to the Act over any text, rule or interpretation of Hindu law … an issue of the interpretation of the Hindu Adoptions and Maintenance Act, 1956 and the Juvenile Justice (Care and Protection of Children) Act, 2000. The

Suleman Abbas S/O Chiragali Hydary Vs. Pramod S/O Nandlal Yadav,

Court : Mumbai

Subject : Election

Acts : Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Sections 16(1); Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995; Hindu Adoption and Maintenance Act - Sections 11 and 12; Haryana Panchayati Raj Act, 1994 - Sections 175(1); Constitution of India - Article 14

Reported in : AIR2008Bom7; 2007(5)ALLMR255; 2008(1)BomCR887

to give in adoption was taken in May 2006 itself and said adoption is in accordance with law. The child therefore ceased to be child of Respondent No. 1 and member of his family and hence at the … the Collector Nagpur on 28/2/2007 in Case No. 2 of 2007 disqualifying him in view of provisions of Section 16(1)(k) of Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965, (hereinafter referred to as Municipal Act)

K.M. Adam Vs. Gopalakrishnan

Court : Chennai

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 2(1) and 2(3)

Reported in : AIR1974Mad232

respondent is a Hindu. A sum of Rs.100 has been decreed as his maintenance. That the respondent was the child of the appellant and that the mother of the child was a Hindu and there was no marriage … the appellant that neither under the personal law of the relative parties, nor the provisions of the Hindu Adoptions and Maintenance Act of 1956, is the respondent entitled to maintenance against the appellant. The claim has to … a Hindu concubine. By virtue of clause (b) in the Explanation in Section 2(1) of the Hindu Adoptions and Maintenance Act, 1956, the respondent is

Sakshi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilConstitution

Acts : Constitution of India - Articles 13, 14, 15(3), 17, 18, 19, 20(1), 21 and 32; ;Indian Penal Code (IPC), 1860 - Sections 354, 375, 376, 376(2), 376A to 376D, 377, 506 and 511; ;Criminal Law (Amendment) Act, 1983; Dowry Prohibition Act - Sections 2; ;Foreign Exchange Regulation Act - Sections 35 and 35(2); Customs Act - Sections 104; ;Sexual Offences (Amendment) Act, 1976 - Sections 1(1); Offences against Person Act, 1861 - Sections 18, 20, 42 and 47; ;Aliens Control Act, 1991 - Sections 25(5); ;Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 273, 327(1), 327(2) and 715.1

Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518; 2004 INSC383

On The Elimination Of All Forms Of Discrimination Against Women, 1979 and also Convention On The Rights Of The Child adopted by the General Assembly of the United Nations on 20th February, 1989 and especially to Articles 17(e) … Against Women, 1979 and also Convention On The Rights Of The Child adopted by the General Assembly of the United Nations on 20th February, 1989 … of revenue. The Court did not accept the literal interpretation suggested by the respondent therein and held that Sub-section (1) and (2) of Section 167 Cr.P.C. are squarely applicable with regard to the production and detention of a

Sivakami Achi Vs. S.P.R.M.A.L.S. Somasundaram Chettiar Alias Alagappa ...

Court : Chennai

Subject : Family

Reported in : (1956)1MLJ441

that as a result of adoption, whenever it may take place, the legal relationship of the parent and the child is brought about between the person who is dead and one who is living. There can be no … that neither Dattaka Mimamsa nor Dattaka Chandrika contemplates laying down any rules of inheritance: for Nanda Panditha opens Section 1 of Dattaka Mimamsa by stating that the question of affiliation is discussed by him in the following respects

Mr. Abraham G. Karimpanal and ors. Vs. Nil

Court : Karnataka

Subject : Family

Acts : Guardian and Wards Acts, 1890 - Sections 4(5), 7, 9, 9(1) and 25; Family of Court Act, 1984 - Sections 7, 7(1) and 47

Reported in : AIR2004Kant321; ILR2004KAR1840; 2004(4)KarLJ15

agency or individual from one State to another, it should not be possible to apply for guardianship of the child in the Court of the latter State, because the child not having any permanent place of residence, would … the third appellant in this appeal, is a Trust registered under the Indian Trust Act and processes in-country adoption of Indian minor children. Since the Government Health Team to which the custody of the minor was handed … at Bangalore, for short, 'the Family Court' have preferred this appeal under Section 47 of the Guardian & Wards Act, 1890, for short, 'the Act'.2. … preferred this appeal under Section 47 of the Guardian & Wards Act, 1890, for short, 'the Act'.2. The Family Court by the impugned order has

Jefferson Vs. Hackney

Court : US Supreme Court

Subject : Land Acquisition

STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Syllabus Appellants, recipients of Aid to Families With Dependent Children (AFDC), challenge the system whereby Texas, in order to allocate its fixed pool of welfare money among persons … federally assisted welfare program. Believing that neither the Constitution nor the federal welfare statute prohibits the State from adopting these policies, we affirm the judgment of the three-judge court below upholding the state procedures. I Appellants are … In Rosado v. Wyman, supra, the Court reviewed the history of this section and rejected the argument that it had worked any radical shift in … 406 U.S. 535 (1972) Jefferson v. Hackney No. 70-5064 Argued February 22, 1972 Decided May 30, 1972 406 U.S. 535 APPEAL FROM THE UNITED STATES

Aniruddha M. Railkar and anr. Vs. Indian Council for Social Welfare an ...

Court : Mumbai

Subject : Family

Acts : Guardians and Wards Act, 1890 - Sections 7

Reported in : 2007(3)ALLMR272; 2007(5)BomCR776; (2007)109BOMLR839; 2007(4)MhLj612

possible to have Indian adoption for the said child Shubham. The Appellants executed the Acceptance Deed and accepted the child on 28.4.2006. Since the period of more than one year had elapsed from the time they made the … on 13.7.2006. 4. The Appellants filed their Petition for being appointed guardian of the said child Shubham under Section 7 of the Guardians and Wards Act, 1890 on 18.8.2006. The said provision confers power upon the Court … India and met Shubham. CARA granted its No Objection Certificate (NOC) on 13.7.20063. In the meantime, the recognition granted to the NGO Preet Mandir came