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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

change of that person for bringing him before a Board for rehabilitation, care and protection of the child. Section 14 deals with special procedure to be followed when neglected juvenile has parents. Section 15 regulates inquiry regarding the … Legal Principles relating to Protection and 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; the United Nations adopted Standard Minimum

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

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 … and three daughters. After the provisions of Hindu Succession Act, in 1956 came into force, by virtue of Section 14. Babai had become the absolute owner of the property in question. It must be remembered that by virtue

Nambi Narayan Rao (Died) Per L.R. Vs. Nambi Rajeshwar Rao

Court : Andhra Pradesh

Subject : Family

Acts : Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; Hindu Adoptions and Maintenance Act, 1956 - Sections 8; Hindu Women's Right to Property Act, 1937 - Sections 3(2) and 3(3); Hindu Succession Act, 1956 - Sections 6, 8, 12, 14 and 14(1); Hyderabad Hindu Women's Rights to Property (Extension to Agricultural Lands) Act, 1954; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 9, 10 and 10(2) - Order 41, Rule 33; Shastric Law

Reported in : 2008(3)ALD469; 2008(3)ALT159

as there is no evidence relating to the husband authorizing his widow to adopt a child for him, the child adopted by his widow would not become the adopted child of her husband. Though in V.T.S. Chandrasekhar Mudaliar … on 12-12-1954 leaving behind his wife Sushila Bai, who took him in adoption as per sastric rites on 02-03-1975 in the presence of the villagers. … Sushila Bai inherited the half share of the deceased in his ancestral property, and thereafter, by virtue of Section 14 of the 1956 Act that share of hers got enlarged into an absolute right, and as she has

Jacob Mathew Vs. Mrs. Maya Philip Alias Annama and anr.

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 15, 18 and 43; Guardian and Wards Act, 1890 - Sections 25

Reported in : AIR1999Ker192

Court, Kottayam for return of money and gold ornaments and that suit was settled in March, 1995. Since the child was in the custody of the 1st respondent, O.P. No. 99/ 96 filed by the petitioner before the … in E. J. White v. Mr. K. Order White, AIR 1958 SC 441 the apex Court while interpreting Section 14 of the Indian Divorce Act regarding satisfaction of the Court on evidence, held that when the Court is … principle that the Courts in India would act and the reason for adopting this standard of proof is the grave consequence which follows a finding

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 … called 'the Adoption Act'), the adopted son gets no interest in the property, for the widow Hirabai under Section 14(1) of the Hindu Succession Act, 1956 (hereinafter called 'the Succession Act') became the full owner of the property

Shrishailappa and anr. Vs. Muttawwa and ors.

Court : Karnataka

Subject : FamilyProperty

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

Reported in : AIR1982Kant334; ILR1982KAR255; 1982(1)KarLJ9

For instance, the husband's brother would necessarily be the uncle of the adopted child .It is true that Section 14 of the Act does not expressly state that the child adopted by the widow becomes the adopted son … on well together. Laxmawwa started residing in one portion of the suit house separately. She thereafter took in adoption the first plaintiff as son to her deceased husband on 23-2-1970. She also executed an adoption deed in

Abhishek Sharma Vs. State of U.P. and anr.

Court : Allahabad

Subject : Family

Reported in : AIR2009All77

from the family of its birth to the family of its adoption. The result is, as mentioned in Section 14(1) namely where a wife is living, adoption by the husband results in the adoption of the child by … the Act provides adoptions to be regulated by Chapter II. Section 6 provides for requisites of a valid adoption. Section 7 provides for capacity of a male Hindu to take in adoption, Section 8 provides the capacity of

Smt. Sitabai and anr. Vs. Ramchandra

Court : Supreme Court of India

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 11, 12 and 14; Madhya Bharat Land Revenue Administration and Ryotwari Land Revenue and Tenancy Act, 1950 - Sections 86, 87 and 89

Reported in : AIR1970SC343; 1969MhLJ926(SC); (1969)2SCC544; [1970]2SCR1

or a divorcee or a widow has the legal capacity to take a son or a daughter in adoption. Section 11 relates to 'other conditions for a valid adoption'.Clause (vi) of Section 11 states :(vi) the child to … adopted child shall not divest any person of any estate which vested in him or her before the adoption.Section 14 provides:(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be

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

mother of the power to dispose of his or her property by transfer inter vivos or by will. Section 14 lays down the rule as to who should be determined to be adoptive mother of the adopted child. … 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