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Gangavva and ors. Vs. Ningavva and ors.

Court : Karnataka

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 … appeal against the concurrent finding recorded by the courts below that the 3rd defendant has failed to establish that he is the adopted son of

Aboobacker C.K. Vs. Rahiyanath and anr.

Court : Kerala

Subject : FamilyCriminal

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3, 3(1), 4, 5 and 7; Muslim Personal Law (Shariat) Application Act, 1937 - Sections 2; Code of Criminal Procedure (CrPC) , 1898 - Sections 488; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127, 127(3), 397(3) and 482; Muslim Law; Muslim Personal Law; Islamic Law; Constitution of India - Article 14

Reported in : 2008(3)KLJ31

people of India will also be truly sovereign, democratic, socialist and secular.10. Not only the neglected wife and the child but also the neglected parents were brought within the sweep of Section 125 of the new Code. Considering … post iddat remarriage on the claim of a divorced wife for fair and reasonable provision and maintenance under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act')? Should a post … the period of Iddat. The fact that the courts have discussed and adopted the multiplier 5, 6, 7 or 10 on the facts of given

Union of India Vs. Ankur Gupta

Court : Supreme Court of India

Subject : Land Acquisition

on the date of online registration and submission of the documents, except for 19 Home Study Report, in Child Adoption Resource Information and Guidance System. (3) The seniority of Non Resident Indian or Overseas Citizen of India or … the learned counsel for the parties and have perused the records.9. The 2015 Act, Chapter VIII deals with adoption. Section 56 sub-section (1) provides that adoption shall be resorted to for ensuring right to family for the orphan,

Holder Vs. Martinez Gutierrez

Court : US Supreme Court

Subject : Land Acquisition

of §§1229b(a)(1) and (2), while his or her child, considered independently, does not. In these circum- stances, is the child eligible for cancellation of removal?      The Ninth Circuit, the first court of appeals to confront this issue, … language does not foreclose imputation, but even if so, that is not enough to require the Board to adopt that policy. Pp. 6-7.      (b) Neither does the statute’s history and context mandate imputation. Section 1229b(a) replaced … See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 . SUPREME COURT OF THE UNITED STATES Syllabus HOLDER, ATTORNEY GENERAL v.

Smt. Vijayalakshamma and anr. Vs. B.T. Shankar

Court : Supreme Court of India

Subject : CivilFamily

Acts : Code of Civil Procedure (CPC), 1908 - Order 20, Rule 12; Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956 - Sections 5, 7, 8, 12 and 14; Mysore Hindu Law Women's Rights Act, 1933

Reported in : AIR2001SC1424; 2001(49)BLJR1557; JT2001(4)SC290; (2001)2MLJ84(SC); 2001(3)SCALE72; (2001)4SCC558; [2001]2SCR769

that as per Section 12 of the Act the adopted son or daughter shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption. … for declaration that he is the only adopted son of late Nanjappa Rao and for partition of his 3/4th share in the suit schedule properties by metes and bounds and for delivery of separate possession of his

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. … person desirous of being authorised to adopt an infant. Section 2 places some restrictions regarding age, etc. and Section 3 enjoined a duty on the Court to be satisfied regarding certain matters before making an order of adoption.

Jan Balaz Vs. Anand Municipality and 6 ors.

Court : Gujarat

Subject : ConstitutionFamily

Acts : ART (Regulation) Bill and Rules, 2008; Citizenship (Amendment) Act, 2003; Citizenship Act, 1955 - Sections 3 and 3(1); Constitution of India - Article 21; Guardian Wards Act, 1890; Evidence Act; Passport Act, 1967 - Sections 4(2), 6 and 6(2); Registration of Birth and Deaths Act, 1969; Uniform Parentage Act

Reported in : AIR2010Guj21

legitimate child of the commissioning parents without there being any need for adoption or even declaration of guardian. Further it was also suggested that birth … Clinic, surrogate mother was made known about the method of treatment. She had also agreed to hand over the child to the petitioner and his wife on delivery. Further surrogate mother had also agreed that she would not … children born out of surrogacy, though in India, cannot be treated as Indian citizens within the meaning of Section 3 of the Citizenship Act, 1955. Further it is also stated that parents of the children are not Indian

Sivakami Achi Vs. S.P.R.M.A.L.S. Somasundaram Chettiar Alias Alagappa ...

Court : Chennai

Subject : Family

Reported in : (1956)1MLJ441

that as a result of adoption, whenever it may take place, the legal relationship of the parent and the child is brought about between the person who is dead and one who is living. There can be no … Judges considered the meaning of Section 1, placitum 22 and Section 6, placitum 50 in Dattaka Mimamsa and Section 3, placitum 17 in Dattaka Chandrika. In their view the word prathigraheethree translated as ' adoptive ' was intended

Shri N.P. Kaushik Vs. Smt. Suman Kaushik

Court : Delhi

Subject : Family

Acts : Code of Civil Procedure (CPC) - Sections 33 and 151 - Order 6, Rule 17 - Order 7, Rule 14; Hindu Adoption and Maintenance Act, 1956 - Sections 20 and 20(3); Hindu Marriage Act, 1955 - Sections 13(1), 24 and 26; Constitution of India - Article 227

Reported in : 148(2008)DLT569; I(2008)DMC605; 2008(102)DRJ159

year 1995 Ms. Geetika filed a civil suit under Section 33 CPC and Section 20 of the Hindu Adoption and Maintenance Act, 1956 against her father i.e. the petitioner claiming a maintenance of Rs. 2,000/- per month … Suman Kaushik and applicant's father Sh. N.P. Kaushik are employed gainfully and they both are required to maintain the child/applicant Ms. Geetika during the pendency of main petition Under Section 20 of the Act. Hence an interim maintenance … interim monthly maintenance granted to Ms. Ms. Geetika was enhanced from Rs. 3500/- to Rs. 11,000/-.2. Back drop facts leading to the filing of the

Dhanraj JaIn Vs. Smt. Suraj Bai

Court : Rajasthan

Subject : FamilyCivil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 6, 9 and 11; Hindu Law; Constitution of India - Article 14; Code of Civil Procedure (CPC) , 1908 - Order 14, Rule 2

Reported in : AIR1973Raj7; 1972()WLN623

been excluded in this Explanation, by implication it should be held that the step-mother is competent to give the child in adoption.We regret we are unable to accept this contention of the learned counsel. The reason for excluding … be gainsaid that Section 6 makes it obligatory that there must be a person competent to give in adoption. Section 9 provides that in case of a minor the guardian duly appointed by a Court may give him … in adoption vide Papamma v. V. Appa Rau, (1893) ILR 16 Mad 384 and Haribhau Ganpatrao v. Ajabrao Ramji Ingole, AIR 1947 Nag 143. It