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Jose Maveli, Director Vs. State of Kerala and anr.

Court : Kerala

Subject : Criminal

Acts : Junvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2, 21, 21(2), 32, 32(1), 33, 33(1), 33(3), 38, 39, 40 and 54; Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955; Kerala Juvenile Justice (Care and Protection of Children) Rules, 2003 - Rules 10, 10(1), 10(2), 11, 11(3), 11(5), 11(14), 36 and 36(4); Code of Criminal Procedure (CrPC) , 1974

Reported in : 2007CriLJ2709

Children's Home or Special Home, and social reintegration of children and rehabilitation shall be carried on alternatively by adoption, foster care, sponsorship and sending the child to an after care organisation.24. Any other person/Institution to which the … PRIME OBJECT:18. The prime object of the Act is to restore the child to parents and parental environment. Section 39 of the Act reads as follows:Section 39. Restoration.- (1) Restoration of and protection to a child shall be

Priti Ray vs Rakesh Ray

Court : Delhi

Subject : Right to Information

West Bengal, where the husband was employed. It is stated that in the year 2015, the parties also adopted a male child. Subsequently, in February 2016, the parties shifted to Kuwait, as the husband secured employment with … RAY & ANR. .....Respondents CRL.REV.P. 718/2024 and connected matters Page 1 of 39 Through: Mr. Atul Chaubey and Mr. Chandan Sharma, Advocates.CORAM:HON’BLE DR. JUSTICE SWARANA … that in the present case, the wife is capable of maintaining herself and contributing towards the expenses of the child.18. It is further contended that under the law, the initial burden lieson the wife to establish that she … BACKGROUND ................................................................... 3 Proceedings under the PWDV Act .................................................................. 4 Proceedings under Section 125 of the Cr.P.C. ............................................... 6 SUBMISSIONS BEFORE THE COURT .............................................. 7

Rakesh Ray vs Priti Ray & Anr.

Court : Delhi

Subject : Right to Information

West Bengal, where the husband was employed. It is stated that in the year 2015, the parties also adopted a male child. Subsequently, in February 2016, the parties shifted to Kuwait, as the husband secured employment with … RAY & ANR. .....Respondents CRL.REV.P. 718/2024 and connected matters Page 1 of 39 Through: Mr. Atul Chaubey and Mr. Chandan Sharma, Advocates.CORAM:HON’BLE DR. JUSTICE SWARANA … that in the present case, the wife is capable of maintaining herself and contributing towards the expenses of the child.18. It is further contended that under the law, the initial burden lieson the wife to establish that she … BACKGROUND ................................................................... 3 Proceedings under the PWDV Act .................................................................. 4 Proceedings under Section 125 of the Cr.P.C. ............................................... 6 SUBMISSIONS BEFORE THE COURT .............................................. 7

Kalliyani Amma Bhavani Amma Vs. Narayani Amma Madhavi Amma and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Travancore Nayar Act, 1100 - Sections 39

Reported in : AIR1963Ker358

'even though the first defendant had absolute rights to deal with the property allotted to her, the moment the child was born to her, such powers ceased' and thereafter she had 'only the rights of a manager of … be warranted by any provision of the Cochin Nayar Act. The Travancore Nayar Act contains no provision for adoption. Section 72, the Cochin Nayar Act, 1113, provides:'Where a tarwad consists of only male members, or of only female … include children of sons, in equal shares; this cannot be, if her share is tarwad property. In effect. Section 39 of the Travancore Nayar Act of 1100 which corresponds to Section 62 of the Cochin Nayar Act of

Basudev Sahoo Vs. Akhaya Kumar Pradhan and ors.

Court : Orissa

Subject : Election

Acts : Orissa Grama Panchayats Act, 1964 - Sections 25 and 25(1)

Reported in : 97(2004)CLT148; 2004(I)OLR41

of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') whether a person having three children by giving away one child in adoption would become eligible to contest the election for the post of … A.S. Naidu, J.1. In view of the embargo created under Section 25(1)(v) of the Orissa Grama Panchayats Act, 1964 (hereinafter referred to as 'the Act') whether a person having … raised an Election Dispute in consonance with Section 31 read with Section 39(1)(b) and (d) of the Act before the Election Tribunal, i.e., the Civil

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 … your father in Heaven give good things to those who ask Him'. 39. Does not the morality of the Bible embody the safety of the … 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

Ravinder Kumar @ Ravi Vs. State

Court : Delhi

Subject : Criminal

Acts : Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2, 3, 20, 26 and 64; Juvenile Justice Act, 1986; Rajasthan Children Act, 1970; Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2006 - Sections 5, 7A, 9, 9(1), 10, 12(1), 12(3), 12(16), 13, 13(1), 14, 15, 15(1), 16, 16(1), 16(2), 20, 25, 64 and 65; Indian Penal Code (IPC) - Sections 34, 201, 302 and 364; Code of Criminal Procedure (CrPC) , 1973; Constitution of India - Articles 15, 39, 45 and 253

Reported in : 2008(103)DRJ27

the prevention and treatment of juvenile delinquency in its full range in keeping with the developmental needs of the child found in any situation of social maladjustment;(iii) to spell out the machinery and infrastructure required for the care, … including Clause (3) of Article 15, Clauses (e) and (f) of Article 39, Articles 45 and 47, impose on the State a primary responsibility of … justice for the whole of India, to fulfill international obligations. The said rules known as the Beijing Rules, adopted by the General Assembly in 1985, vide Chapters 2 and 5 of Part I provide as under:2. Scope … adduced by the prosecution, have suffered life sentence for the offences under Sections 302/364/34 IPC. Both the appellants are further sentenced to undergo rigorous imprisonment

Radhabai Gopal Joshi Vs. Gopal Dhondo Joshi

Court : Mumbai

Subject : Property

Reported in : (1943)45BOMLR980

law debts contracted by a Hindu take precedence over the right of maintenance of his wife or infant child. Hence a purchaser of property sold to discharge the debts of a husband acquires a good title against … father as he claimed to be. It was found that the alleged adoption was valid and the suit was dismissed. Then the adopted son sued … one based on Order XXI, Rule 63, of the Code of Civil Procedure, 1908, and the other on Section 39 of the Transfer of Property Act, 1882. He says that as they involve pure questions of law arising

P. Srinivasa Rao Vs. P. Indira and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 3, 18, 18(1), 18(2), 20 and 24; ;Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 12, Rule 6 - Order 39, Rule 2-A; Hindu Marriage Act, 1955 - Sections 4, 9, 18(2), 18(3) and 24; Constitution of India - Articles 215, 223 and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Family Courts Act, 1984 - Sections 17; Industrial Disputes Act - Sections 10(1) and 17; Employees' State Insurance Act - Sections 75; Industrial Disputes (Central) Rules, 1957; Customs Act, 1962 - Sections 129

Reported in : 2002(1)ALD296; 2002(1)ALT677; 93(2001)DLT545; I(2002)DMC749

retarded minor child towards provision of food, clothing as well as medical attendance and treatment and education to the child, filed in a suit brought under the provisions of Hindu Adoptions and Maintenance Act, 1956 (for short 'the … attendance and treatment and education to the child, filed in a suit brought under the provisions of Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act') for maintenance against the husband, can be entertained by a … where an order of injunction cannot be passed in terms of Order 39, Rules 1 and 2 of the Code, an application for interim relief … Court therefor in exercise of the inherent powers of the Court under Section 151 of the Code of Civil Procedure, despite the absence of a

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 … 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 … etc. The victims of the trap are the poor, illiterate and ignorant sections of the society and are the target group in the flesh trade; … in status and provide facilities and opportunities to make equal results. Article 39(0) provides that the children should be given opportunities and facilities to develop