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Commissioner of Income-tax Vs. Smt. Saraswati Devi Singh

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15A) and 64(1)

justified in law in deciding that a step-child does not come within the purview of Section 64(1)(iii) when Section 2(15A) of the Income-tax Act, 1961, clearly defined 'child' in relation to an individual as including a step-child and … defined in the Act, the Tribunal was justified in taking the aid of the provisions of the Hindu Adoptions and Maintenance Act, 1956, and the Hindu Minority and Guardianship Act, 1956. In this connection, learned counsel has

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 … 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 … 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

Om Prakash Vs. Child Welfare Board

Court : Delhi

Subject : Family

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

Reported in : AIR1980Delhi137; 17(1980)DLT368

age. He was a 'neglected child'. He had no home. There was no one to look after him. The Child Welfare Board, a body constituted under the Children Act, 160 (the Act) took the child into their care … 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 … from the order of the District Judge dated August Ii, 1976, under section 47 of the Guardians and Wards Act, 1890. (2) The real question

J K vs.n S

Court : Delhi

Subject : Land Acquisition

thereafter.6. It is further averred that the marital discord between the parties continued even after the birth of the child. The allegations are that the respondent called escorts/prostitute services. When she would confront the respondent, he tortured her … seeking maintenance under Section 125 Cr.P.C. read with Section 18(1)(b) of Hindu Adoption and Maintenance Act, 1956. The appellant also filed a Guardianship petition being … 9 of the Act of 1890 would, in the opinion of this Court, be not in conformity with Section 2 of the Act of 1956 that expressly makes the Act of 1956 only supplemental to the Act of

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 … Section 354 IPC or 377 IPC, the very intent of the amendment of Section 376 IPC by incorporating Sub-section 2(f) therein is defeated. The said interpretation is also contrary to the contemporary understanding of sexual abuse and violence

Bengt Ingmar Eriksson Vs. Jamnibai Sukharya Dhangda

Court : Mumbai

Subject : Family

Reported in : (1987)89BOMLR263

669 observed that parental rights are not absolute and remain qualified when the question of total welfare of the child arises. The dominant matter for consideration of the Court is always the welfare of the child. The word … who is employed as a representative by the Family Association for Inter-country Adoption incorporated in Sweden, approached Juvenile Court for permission to ascertain whether any … age of 18 if necessary care cannot be given to such persons by those who are having custody. Section 2 prescribes that orders for placing young persons under care are issued by the country administrative court of appeal

Sohan Lal and Another Vs. Addl. District and Sessions Judge Court No.9 ...

Court : Allahabad Lucknow

Subject : Land Acquisition

permitting the father and the mother, also permits the guardian of a child to give the child in adoption. Section 9 as it existed prior to its amendment in 1962 by the Parliamentary Act No. 45 of 1962 … Short title- This Act may be called the Hindu Adoptions and Maintenance (Amendment) Act, 1962. 2. Amendment of section 2- In section 2 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), (hereinafter referred to as

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 … the provisions contained in the Chapter. Any adoption made in contravention of the provisions is void. Consequently, under Sub-section (2), any adoption which is void does not create any right in the adoptive family in favour of any

Robert Heijkamp and anr. Vs. Bal Anand World Children Welfare Trust an ...

Court : Mumbai

Subject : Family

Acts : Guardians and Wards Act, 1890 - Sections 11; Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2, 29, 30, 31, 32, 32(2), 33, 33(4), 39, 40, 40(1), 41, 41(3) and 41(5); Mental Health Act, 1987 - Sections 26 and 50 to 77; Succession Act; Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002 - Rules 78

Reported in : 2008(1)BomCR719

or about 13-11-2004.3. The petitioners have sought an order for their appointment as guardians of the person of the child now in the custody of the respondents. The petitioners have also sought dispensation of the notice under Section … disposed of by this common judgment and order. For convenience I will refer to the facts in Foreign Adoption Petition No. 89 of 2007.2. The petitioners, husband and wife, are Dutch nationals. They have been sponsored as

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Subject : Family

Acts : Christian Law

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

In course of time, the relationship between the husband and wife had got strained. Even the paternity of the child appears to have become the cause of conflict between the parties.4. In the year 1987, Mrs. Rosamma alongwith … in Bombay, he is entitled to maintenance out of the joint family property.(3) Section 20 of the Hindu Adoptions and Maintenance Act, 1956, now provides that a Hindu father or mother is bound, during his or her … 'The Commissioner of Income Tax, Kerala v. P.M. Paily Pillai' 1972 KLT 24. Following an earlier decision of a Division Bench in Chacko Daniel v.