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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

on Ss. 12 and 13 and those read as under:-'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 … 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 of

Tanaji Rau Kurlekar Vs. Sonubai

Court : Mumbai

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 14; Hindu Adoptions and Maintenance Act, 1956 - Sections 12 and 13

Reported in : 1995(1)BomCR639; I(1995)DMC661

was not only some averment in the adoption-deed but there was an independent agreement between the mother of the child who was to be taken in adoption and the adoptive mother. And, therefore, in view of the existence … this Court. The learned Advocate for the appellant urged before me that in view of the provisions of Section 13 of the Hindu Adoptions and Maintenance Act, 1936, the contents of the adoption-deed at Exh. 87 should be

Mr. Ankur Gupta Vs. The Central Adoption and Resources Agency

Court : Karnataka

Subject : Land Acquisition

their residence to enable them to conduct a detailed Home-Study and said report is to be posted in the Child Adoption Resource Information and Guidance System by SAA vide 32 Regulation 9(11) as per prescribed format viz., Schedule VII … adoption in the State of origin and after exploring such possibility, the child should be placed for Inter-country adoption. Section 59(1) of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘Juvenile Justice Act’) states that … petitioners to take in adoption the child Baby Shomya (female) born on 13.09.2017: “1. Your request for relaxation to be considered as Indian parent has

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

Duni Chand Etc. Vs. Paras Ram Etc.

Court : Delhi

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 12 and 14

Reported in : AIR1970Delhi202

has a bearing and reads as under:-'12. Effects of adoption. 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 … not divest any person of any estate which vested in him or her before the adoption.' According to Section 13 an adoption, subject to any agreement to the contrary, does not deprive the adoptive father or mother of … of a valid adoption, while Section 7 relates to the capacity of a male Hindu to take in adoption. Section 8 makes provisions for an adoption by a female Hindu and reads as under:-'6. Capacity of a female

Sawan Ram and ors. Vs. Kala Wanti and ors.

Court : Supreme Court of India

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 6, 9(2), 12 and 13

Reported in : AIR1967SC1761; [1967]3SCR687

the adopted child divesting of any property vested in any person or even in herself. The provisions of section 13 make this position clear, by providing that an adoption does not deprive the adoptive father or mother of

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

1959 on the basis of baptism register of the Cathedral. He also stated that after the adoption of the child, adopting parents get the child baptised and the baptism is the only ceremony which completes the adoption. R.W. … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of

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; … delinquent juveniles, details of which needs no elaboration. Section 12 touches upon the need for after-care organisations. Under Section 13 in Chapter III. if any police officer or any other person or organisation authorised by the State Government

Smt. Anokha Vs. the State of Rajasthan and ors.

Court : Supreme Court of India

Subject : FamilyCivil

Acts : Guardians and Wards Act, 1890 - Sections 7, 10 and 17; Constitution of India - Article 136; Code of Civil Procedure (CPC) - Sections 13

Reported in : 2004(1)ALD45(SC); (SCSuppl)2004(2)CHN5; 97(2004)CLT353(SC); 2004(1)CTC702; 2003(10)SCALE539; (2004)1SCC382; 2004(1)LC574(SC); MANU/SC/1005/2003

report was also filed on behalf of the Dy. Collector, Social Welfare Department, Alwar on 26.7.2001 recommending that the child could be given in adoption. The report was submitted after investigating into the financial status of the late … a judgment passed by the Court at Venice, Italy. That judgment can be accepted by this Court under Section 13 of Code of Civil Procedure, particularly when the respondents have filed the investigation report and other material on

Raj Rani JaIn Etc. Vs. Harish Chand Singia and ors.

Court : Delhi

Subject : Family

Acts : Hindu Minority and Guardianship Act, 1956 - Sections 13

Reported in : 1994IIIAD(Delhi)6; II(1994)DMC354; 1994(29)DRJ369; (1994)108PLR22

in Guardianship Case No. 123 of 1988. The parties to the petition being Smt. Sandhya Singia, mother of the child Baby Swati, Shri Harish Chand Singia and Smt. Prem Lata Gupta wife of Shri Harish Singla entered into … Chopra (now Jain), (petitioner in C.R.No. 467/93 and C.M.(M)9/94) vide Deed to Adoption dated September 30, 1991. The said Deed was entered into between Smt. … August 28, 1987. A petition under Section 7 of the Guardian and Wards Act and an application under Section 13 of the Hindu Minority and Guardianship Act was moved by Smt. Sandhya Singia (now known as Sandhya Bansal)