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R. Ashok and anr. Vs. R. Bhagavathi Ammal (Deceased) and ors.

Court : Chennai

Subject : Family

Reported in : (1993)1MLJ492

to be adopted; (v) the same child may not be adopted simultaneously by two or more persons; (vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or … 11 for a valid adoption are besides the conditions, which are enumerated in the provisions preceding that section. Section 12 which precede the general conditions of adoption, however, states what are the effects of adoption in these words:An

Hirabai and anr. Vs. Babu Manika Ingale

Court : Mumbai

Subject : FamilyProperty

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 8, 11, 12, 13 and 16; Hindu Succession Act, 1956 - Sections 4, 4(1), 6, 14 and 14(1); Transfer of Property Act

Reported in : AIR1980Bom315; 1980MhLJ494

in the family of such female Hindu. The effects of such adoption have been statutorily enacted by enacting Section 12, in that, with effect from the date of adoption, the adopted child is deemed to be the child … got interest by birth, the date of his birth only being fixed fictionally to the date of the adoption. Section 13 of the Adoption Act is clearly enabling and does not deal with the property wherein by reason

Dr. Ashok Kumar Vs. State of U.P. and Others

Court : Allahabad

Subject : Constitution

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 12, 16 and 23; Constitution of India - Articles 14, 15(4), 16(4) and 226

Reported in : 1998(3)AWC2193

to lay down the effects and consequences of adoption. An adopted child is to be deemed to be the child of his or her adopted father or mother for all purposes with effect from the date of adoption. … or mother for all purposes with effect from the date of adoption. In view of the provision of Section 12 of the Act of 1956, the position seems to be quite clear and explicit. Under the old Hindu

Krishan Lal and ors. Vs. Raja Ram and anr.

Court : Rajasthan

Subject : Family

Reported in : 1996(3)WLC8; 1996(1)WLN333

presdeceased him at that point of time and it was a registered document conferring status of an adopted child on the plaintiff Raja Ram.12. As regards the effect of the sale and the effect of the Will … Ram claiming the shave in the property of his adoptive father defendant No. 4 Pola Ram, holding the adoption not valid in law, the learned Single Judge not only held the adoption valid but also held that … and to go on pilgrimage. It was further averred that according to Sections 12(c) and 13 of the Hindu Adoption and Maintenance Act, 1956, the

Child Welfare Committee Vs. Govt. of N.C.T. of Delhi and ors.

Court : Delhi

Subject : Civil

Acts : Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 29, 40 and 41; Juvenile Justice Act, 1986; Hindu Adoption and Maintenance Act, 1956 - Sections 9(5) and 17; Child Labour (Prohibition and Regulation) Act, 1986; Legal Services Authorities Act, 1987 - Sections 12; Indian Penal Code (IPC) - Sections 34, 342, 363, 367, 376 and 506; Code of Criminal Procedure (CrPC) - Sections 164; Juvenile Justice (Care and Protection of Children) Rules 2007 - Rules 14, 33(4) and 77(3); Constitution of India - Articles 15(3), 24 and 39

Reported in : 152(2008)DLT586

children under the JJ Act and CLPRA. Despite each child being mandatorily entitled to free legal aid under Section 12 of the Legal Services Authorities Act, 1987 and there being a specific provision in the form of Rule … as a public interest litigation. In the said letter Dr. Sharma referred to the case concerning the illegal adoption of a male infant born on 13th August 2007 to a girl who was a rape victim as

A.S. Sailaja Vs. Principal, Kurnool Medical College, Kurnool and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 15(4), 16(4) and 346; Hindu Adoptions and Maintenance Act, 1956 - Sections 12

Reported in : AIR1986AP209

Tribes. Under the Act, a male as well as a female child is eligible to be taken in adoption. Section 11 adumbrates the essential formalities for valid adoption. Since it is not material for the purpose of this … Constitution - backward classes - Articles 14, 15 (4), 16 (4) and 346 of Constitution of India and Section 12 of Hindu Adoption and Maintenance Act, 1956 - whether migration of forward class citizen into a backward class

Gaurav JaIn Vs. Union of India and Others Overruled

Court : Supreme Court of India

Subject : Constitution Criminal

Acts : Constitution of India - Articles 1, 2, 3, 4, 5, 6, 7, 8, 9(3), 12, 13, 14, 15, 16(1), 17(2), 18, 19(1), 20. 21, 23, 24, 28, 29, 32, 34, 36, 37, 39, 45, 51A, 141, 142 and 145(6); Immoral Traffic (Prevention) Act, 1956 - Sections 2; Supreme Court Rules; Women and Girls Act, 1956; Code of Criminal Procedure (CrPC)

Reported in : AIR1997SC3021; 1997(2)ALD(Cri)199; 1998(3)ALLMR(SC)433; 1997(2)Crimes40(SC); JT1997(6)SC305; 1997(4)SCALE657; (1997)8SCC114; [1997]Supp2SCR105

social stigma and to make available to them equal opportunities for the social order.3. Equally, the right of the child is the concern of the society so that fallen women surpass trafficking of her person from exploitation; contribute … Welfare of the Children with Special Reference to Foster or Placement and Adoption Nationally and Internationally: the General Assembly Resolution 41/85 of December 3, 1986; … embodies concomitant right to development as an integral scheme of the Indian Constitution and the Human Rights Act. Section 12 of the Protection of Human Rights Act charges the National Commission with duty to ensure proper implementation as

Bat Chanchal Guardian of Minor Rameshchandra Pranshanker Vs. Manishank ...

Court : Gujarat

Subject : Family

Reported in : (1971)12GLR576

the widow but also of her deceased husband. The fifth principle which has been laid down is that the child, adopted by a widow, becomes a co-parcener with the sole surviving coparcener. As a result of the application … On 14th October 1958 the said Bai Chanchal took the plaintiff in adoption. After his adoption, the plaintiff who was then minor filed through his … the joint family properties had vested in Manishanker and that therefore, by virtue of the proviso (c) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956 it was not open to the plaintiff to divest Manishanker

Y.K. Nalavade and ors. Vs. Ananda G. Chavan and ors.

Court : Mumbai

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 2 and 12; Hindu Law

Reported in : AIR1981Bom109

at preventing such effect. Section 12 reads as follows :'12. An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the … avoidance.15. Section 12 is aimed at eradicating such inequities. Adoption is expressly made effective from the date of adoption Section 12 consists of two parts. The second part specifically deals with the ties forged and snapped on adoption and

Raghbir Singh Vs. Satpal and ors.

Court : Punjab and Haryana

Subject : Family

Acts : Hindu Adoption and Maintenance Act, 1956 - Sections 4, 10 and 12; Limitation Act, 1963 - Schedule - Article 59; Code of Civil Procedure (CPC) , 1908 - Sections 100; Hindu Law

Reported in : (2005)141PLR723

Act'). According to the learned counsel the afore provision contemplates that if any property which has vested in the child before adoption has to continue to vest in such a child. Learned counsel has maintained that had those … this Court in the case of Dharmvir Singh (supra) has failed to take into account the provisions of Section 12(b) of the Hindu Adoption and Maintenance Act, 1956 (for brevity 'the Act'). According to the learned counsel the