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Jan 30 2008

Gangavva and ors. Vs. Ningavva and ors.

Court : Karnataka

Decided on : Jan-30-2008

Subject : FamilyLimitation

Acts : Hindu Adoption and Maintenance Act, 1956 - Sections 7, 10 and 16; Limitation Act, 1963 - Schedule - Article 57; Evidence Act, 1860 - Sections 81 and 90; Specific Relief Act, 1963 - Sections 34 and 42

Reported in : ILR2008KAR1667; 2008(3)KCCR1390; 2008(4)AIRKarR176; AIR2008NOC2214; 2008(4)CivilLJ525; 2008(3)ICC723; 2008AIHC2906(Kar)

in stance case, the original registered adoption deed is produced. It bears the signature of the person taking the child adoption. But admittedly, it does not bear the signature of the person giving the child in adoption. Once the … Ex.D-11, as it is not executed by the person giving the 3rd defendant in adoption, the presumption under Section 16 cannot be drawn. The 3rd defendant is shown to be aged 18 to 21 years on the date

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Nov 09 1976

Yogindraprasad N. Mafatlal Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Decided on : Nov-09-1976

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64 and 64(1)

Reported in : [1977]109ITR602(Bom)

it must arise to the minor child, that is to say, it must arise during the minority of the child and not after the minority had ceased and the child had become major. For pressing the character of … minor child admitted to the benefits of partnership in a firm, or adopting any of the other modes covered by the section and it was … Plasket Thomas v. Commissioner of Income-tax : [1963]49ITR97(SC) . The Tribunal, on a comparison of the language of section 16(3)(b) of the Indian Income-tax Act, 1922, under which the decision of the Supreme Court in Manilal Dhanji's case

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Oct 07 2002

Prerana Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Oct-07-2002

Subject : Criminal

Acts : Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2; Immoral Traffic (Prevention) Act, 1956 - Sections 14, 15(4) and 17(2); Immoral Traffic (Prevention)(Amendment) Act, 1986

Reported in : 2003BomCR(Cri)481; (2003)2BOMLR562; 2003(2)MhLj105

females be produced before the Juvenile Court on 28-5-2002. 10. On 28-5-2002, the juvenile females were produced before the Child Welfare Committee as the Juvenile Justice Board sits only on Mondays and Fridays. According to the petitioner, 3rd … care, protection and treatment by catering to their developmental needs and by adopting a child friendly approach in the adjudication and disposal of matters in … any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. Under Section 16 a Magistrate may direct that such a person be rescued from such a place and produced before him.

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Feb 01 1980

Om Prakash Vs. Child Welfare Board

Court : Delhi

Decided on : Feb-01-1980

Subject : Family

Acts : Children Act, 1960 - Sections 2; Guardian and Wards Act, 1890 - Sections 10

Reported in : AIR1980Delhi137; 17(1980)DLT368

Act to the District Judge for the custody of this child Rajesh. He claimed that Manak Lal had adopted Rajesh and after his death he married his wife Chandra Kanta and it was he who was really … Board is also given the power to commit a neglected child to the custody of a suitable person. Section 16(1) says : 'IF the Board so thinks fit, it may, instead of making an order under sub-section (2)

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Apr 04 1983

Arakhita SwaIn Vs. Kandhuni Swain

Court : Orissa

Decided on : Apr-04-1983

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 7

Reported in : AIR1983Ori199; 56(1983)CLT223

court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoptionhas been made in compliance with the provisions of this … and genuine should have upheld the defendant's plea of adoption in view of the statutory presumption available under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (hereafter referred to as 'the Act'). This argument is repelled

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Mar 14 2002

Jai Singh Vs. Shakuntala

Court : Supreme Court of India

Decided on : Mar-14-2002

Subject : CivilFamily

Acts : Hindu Adoption and Maintenance Act, 1956 - Sections 11 and 16; Code of Civil Procedure (CPC), 1908 - Sections 100; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : AIR2002SC1428; 2002(3)ALD8(SC); 2002(3)ALT22(SC); (SCSuppl)2002(2)CHN124; JT2002(3)SC52; (2002)2MLJ198(SC); (2002)1PLR34; RLW2002(3)SC426; 2002(2)SCALE627; (2002)3SCC634; [

before any Court purporting to record anadoption made and is signed by the person giving andthe person taking the child in adoption, the Court shallpresume that the adoption has been made in compliancewith the provisions of this Act … Banerjee, J. 1. The matter under consideration pertains to the effect ofstatutory presumption as envisaged under Section 16 of the HinduAdoption and Maintenance Act, 1956. For convenience sake itwould be worthwhile to note the provision for

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Aug 23 1995

Sankar Kumar Das and Another Vs. Superintendent, Jawaharlal Nehru Memo ...

Court : Kolkata

Decided on : Aug-23-1995

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 6, 7, 8, 9 and 9(1), (4) and (5) and 33;; Juvenile Justice Act, 1986 - Section 15, 16 and 18;; Guardians and Wards Act, 1890 - Section 7

Reported in : AIR1996Cal264,100CWN689

produce the neglected child before the Juvenile Justice Board for taking custody and care of the child whereas Section 16 of the said Act empowers the Board to place the juvenile under the care of parent, guardian or … sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Section 8 confers the right upon some female Hindus specified therein to have the capacity to take a son

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Jan 29 2013

Laxmibai (Dead) Thr. Lrs. and anr. Vs. Bhagwantbuva (Dead) Thr. Lrs. a ...

Court : Supreme Court of India

Decided on : Jan-29-2013

Subject : Civil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Section 16; Evidence Act, 1872 - Section 57(1); Code of Civil Procedure (CPC), 1908 - Order 18 Rule 16

of the Act 1956, provides that a child upto the age of 15 years can be taken in adoption. Section 11 thereof prescribes, that in the event that a female adopts a male child, there must be a … appellants, has submitted that there is a presumption of validity with respect to the registered adoption deed under Section 16 of Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as ?the Act 1956?). Therefore, the appellate courts

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Jun 22 2007

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

Court : Mumbai

Decided on : Jun-22-2007

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)

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Mar 15 1974

Mahadev Vs. Bainabai

Court : Karnataka

Decided on : Mar-15-1974

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 16; Code of Civil Procedure (CPC), 1908 - Order 14, Rule 1;

Reported in : AIR1975Kant79; ILR1974KAR787; 1974(2)KarLJ184

court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of … the adoption did take place with her consent. The second defendant also relied upon the presumption arising under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (hereafter referred to as the Act).3. The Court of first

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