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Amati Hymavathi and anr. Vs. Nissankararao Srikrishnamurthy and Others
Andhra Pradesh
Jan-21-1998
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 140(2), 165, 166 and 168; Indain Fatal Accidents Act, 1855 - Sections 1-A and 2; Motor Vehicles Act, 1939 - Sections 92-A to 92-E, 110-A and B, 135 and 217; Constitution of India - Article 141 ; Motor Vehicles (Amendment) Act, 1994
2000ACJ350; 1998(3)ALD244; 1998(4)ALT26
minor child. In addition they may receive compensation for loss of pecuniary benefits reasonably to be expected after the child attains majority....'.It was a case of death of a child aged eight years. By applying the rules supra, … taken as declared by the statutes and settled as a certainty. The Tribunals and the Courts are to adopt them as a minimum compensation for the death of anybody including child depending upon the date of accident … Accidents Act, 1855 is still on statute book and not repealed. Both Sections 135 of 1939 Act and 217 of 1988 Act are silent about … also undergone amendment by the Motor Vehicles (Amendment) Act, 1994 (Act No. 54 of 1994) which came into force with effect from 14-11-1994. Therefore, the
Tag this Judgment! AI Brief & AskMannan Rai Vs. Deputy Director of Consolidation Balia and Others
Allahabad
Jan-05-2000
Family
Hindu Adoptions and Maintenance Act, 1956 - Sections 5, 6 and 16; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 9(2)
2000(2)AWC1012
that the adoption deed though registered, has not been signed by the person giving the child in adoption?4. Section 5 of the Act lays down that no adoption shall be made after the commencement of the Act by … the person giving in adoption. As the adoption deed has not been signed by the person giving in adoption. Section 16 is not attracted for presuming that the adoption of petitioner has been made In compliance with provisions
Tag this Judgment! AI Brief & AskArumugha Udayar and ors. Vs. Valliammal and ors.
Chennai
Jun-20-1967
FamilyProperty
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
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 … of Its adoption. The several deeming provisions in Section 14 of the Act tend to the same view. Section 5 and Section 8 of the Act do not warrant the view that after the commencement of the Act, … 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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Robert Heijkamp and anr. Vs. Bal Anand World Children Welfare Trust an ...
Mumbai
Oct-03-2007
Family
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
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 … of Chapter VI of the Mental Health Act, 1987 which contains Sections 50 to 77 reads:Judicial Inquisition Regarding Alleged Mentally III Person Possessing Property, Custody
Tag this Judgment! AI Brief & AskCanara Bank Relief and Welfare Society and ors. Vs. Nil
Karnataka
Jun-30-1990
Family
Family Courts Act, 1984 - Sections 7, 7(1), (2); Hindu Adoptions and Maintenance Act, 1956 - Sections 9 and 9(4)
ILR1990KAR1339; 1990(3)KarLJ76
a Hindu child, whose parents are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a Court of competent jurisdiction to be of unsound mind or where the … Bangalore, directing return of the applications filed by them under Sub-section (4) of Section 9 of the Hindu Adoptions and Maintenance Act, 1956 ('the Act'), as per Rule 10 of Order VII of the Code of Civil
Tag this Judgment! AI Brief & AskAnkush Narayan Shingate Vs. Janabai Kom Rama Sawat and ors.
Mumbai
Apr-23-1965
Family
Hindu Adoptions and Maintenance's Act, 1956 - Sections 5, 8, 11, 12 and 14; Hindu Succession Act, 1956 - Sections 14 and 15; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 17
AIR1966Bom174; (1965)67BOMLR864; 1966MhLJ92
Act. Section 11 regards to 'other conditions for a valid adoption' Sub - section [vi] of S. 11 provides.'The child to be adopted must be actual given and taken in adoption by the parents or guardian concerned or … in the other section of the Act to find of out if learned Judge finding could be justified. Section 5 provides:'(1) No adoption shall be made after the commencement of the this Act by or to a Hindu
Tag this Judgment! AI Brief & AskIn Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...
Mumbai
Sep-16-2009
FamilyCivil
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
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 … immediately before the commencement of the Act insofar as it was inconsistent with the provisions of the legislation. Section 5 stipulates that no adoption shall be made after the commencement of the Act by or to a Hindu
Tag this Judgment! AI Brief & AskDhanraj JaIn Vs. Smt. Suraj Bai
Rajasthan
Aug-23-1972
FamilyCivil
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
AIR1973Raj7; 1972()WLN623
to have effect with respect to any matter for which provision is made in this Act. According to Section 5 the adoption after the commencement of this Act shall be in accordance with the provisions con-tained in this … 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
Tag this Judgment! AI Brief & AskSt. theresa's Tender Loving Care Home rep. by Its Chief Co-ordinator V ...
Andhra Pradesh
Jan-28-2009
Civil
Juvenile Justice Act, 2001 - Sections 10(1); Orphanages and other Charitable Homes (Supervision and Control) Act, 1960 - Sections 1 to 4, 5, 13, 15(2), 24, 29 and 30; Women's and Children's Institutions (Licensing) Act, 1956 - Sections 3 to 8, 9, 11 and 11(1); Societies Registration Act, 1860; Hindu Adoptions and Maintenance Act, 1956; Guardians and Wards Act, 1890; Constitution of India - Articles 21 and 39; Andhra Pradesh Orphanages and Other Charitable Homes (Supervision and Control) Rules, 2001 - Rules 11 to 14; Andhra Pradesh Women's and Children's Institutions (Licensing) Rules, 2001 - Rules, 3, 4, 5, 6 and 7 to 15; Indian Penal Code (IPC) - Sections 420, 468, 471 and 341
2009(4)ALT54
filed before the competent Court for adoption/guardianship. The Court then has to pass an order for placement of the child with foreign prospective adoptive parent. After this formality is completed, the placement agency would apply for a passport … Act. Section 29 empowers the State Government to make Rules and Section 30 empowers the Board constituted under Section 5 to make Regulations. State Government promulgated Orphanages Rules vide G.O.Ms. No. 16, dated 18-04-2001. Rules 11 to 14
Tag this Judgment! AI Brief & AskJigna Mahesh Dedhia Vs. Union of India Through Secretary, Department o ...
Mumbai
Oct-13-2014
Land Acquisition
to the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956.(78 of 1956) (for short 'the Act'). Section 5 of the Act provides for adoption to be regulated by Chapter II. Section 5 reads thus: 5. âAdoption … stepfather or mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists even after divorce by parents. It is also not possible to leave the … the family of his or her birth.â Section 16 provides for presumption as to registered documents relating to adoption. Section 16 reads thus: â16. Presumption as to registered documents relating to adoption â âWhenever any document registered under
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