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Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others
Allahabad
Sep-28-2000
Family
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
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. … on 5.12.1980. Her real sister Mrs. Ethel Walters filed a petition in the High Court on 13.5.1981 under Sections 218 and 278 of Indian Succession Act (hereinafter referred to as the Act) for grant of Letters of
Tag this Judgment! AI Brief & AskRobert 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 … 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 … himself and of managing his property, it shall make an order for the appointment of a guardian under Section 53 to take care of his person and of a manager under Section 54 for the management of his
Tag this Judgment! AI Brief & AskLekhraj Singh Vs. Ganga Sahai
Allahabad
Dec-31-1969
Family
(1887)ILR9All253
has given rise to this litigation has two main branches: one relating to the validity of an alleged adoption of the plaintiff Lekhraj by Chandan Singh, zamindar of the Gabhana estate, and the other relating to an … 'and the subject is reverted to and more fully explained in paragraph 53 which has been rendered by Mr. Sutherland in the following words:If this … died some time before 1864, leaving the three sons whose names appear in the pedigree. Hira Singh died childless on the 6th June 1864, leaving two widows, Khushal Kuar and Rukam Kuar, and for the present it … the case, the time was undoubtedly not 'reasonable' within the meaning of Section 508 of the Civil Procedure Code, and I think the arbitrator acted
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Heera Lal Vs. Board of Revenue and ors.
Rajasthan
Feb-05-2001
Family
Hindu Adoption and Maintenance Act, 1956 - Sections 12 and 13; Rajasthan Tenancy Act - Sections 53; Hindu Succession Act, 1956; Registration Act, 1908 - Sections 17(1)
AIR2001Raj318; 2001(2)WLC32; 2001(2)WLN201
Adoption and Maintenance Act, 1956 runs as follows;-'12. Effect of Adoption.-An adopted child shall be deemed to be the child of, his or her adoptive father or mother for all purposes with effect from the date of the … a coparcener Shanker Lal becomes contenant and was therefore entitled to ask for a division of holding under Section 53 of the Rajas than Tenancy Act. In this context the Board of Revenue has placed relied on few
Tag this Judgment! AI Brief & AskIn the Matter of Lc (Children) and Another
UK Supreme Court
Jan-15-2014
Education
and ajar the door to a conclusion that, no doubt in rare circumstances and perhaps particularly following the adoption by an older, mature, child of a residence in a different country with one parent, the latter's habitual … Hague Convention on the Civil Aspects of International Child Abduction 1980 ("the Convention") and to section 1(2) of the Child Abduction and Custody Act 1985 ("the 1985 Act"). 3. The father is a UK national aged 47 and … B2R, which positively requires determination within that period save in exceptional circumstances. 53. But it is para 7.2 of the Practice Direction which is of
Tag this Judgment! AI Brief & AskSaraswathi Amma and ors. Vs. Radhamma and ors.
Kerala
Jun-27-1990
Family
Kerala Joint Hindu Family System (Abolition) Act, 1976 - Sections 7, 8, 10 and 17; Marumakkathayam Law
AIR1991Ker86
last surviving member is only because of the non-existence of anybody else. That right ceases by birth or adoption. Property has often been the vehicle of dormant rights and liabilities. There is nothing incongruous in saying that … own house by alienation, he was permitted to occupy that building with defendants, who are his widow and children. Menon died in 1981. Since defendants thereafter asserted title and possession, this suit was filed for recovery on … been paid. Title of plaintiffs 2 to 4 was denied. Benefits of Section 53-A of the Transfer of Property Act were claimed with an alternate
Tag this Judgment! AI Brief & AskBhubaneswar Naik Santoshrai and Etc. Etc. Vs. the Special Tahsildar La ...
Andhra Pradesh
Apr-27-1979
Property
Transfer of Property Act, 1882 - Sections 122; Registration Act, 1908 - Sections 17
AIR1980AP139
was a case wherein the recitals of the settlement deed executed by the father in favour of his children did not disclose the intention of the donor to provide for the education of his minor child but … A. P. v. Ch. Chandrasekhara Reddy ( (1977) 1 Andh WR (HC) 82).4. Section 3(b) of the Hindu Adoptions and Maintenance Act defines 'maintenance' as under:-'Maintenance' includes:-(i) ......... ................. ............. ........(ii) in the case of an unmarried … effected and that in respect of unregistered documents, the benefits of Section 53-A , T. P. Act cannot be involved, and relied on the decision
Tag this Judgment! AI Brief & AskNingesh Vs. Nanjegowda
Karnataka
Sep-12-2024
Land Acquisition
if this approach that the parents would not suffer from any financial loss on account of dependency on the child were to be accepted, it would mean turning a blind eye to the actual dependency that every parent … income to be taken for computing the pecuniary loss) 3rd Step: - 53 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 … Hindu to maintain his or her aged and infirm parents by reason of Section 20 of the Hindu Adoptions and Maintenance Act, 1956.-. 19 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 28.
Tag this Judgment! AI Brief & AskLakshminarayanappa @ Moogappa Vs. M/s Royal Sundaram Allianz Ins Co Lt ...
Karnataka
Sep-12-2024
Land Acquisition
if this approach that the parents would not suffer from any financial loss on account of dependency on the child were to be accepted, it would mean turning a blind eye to the actual dependency that every parent … income to be taken for computing the pecuniary loss) 3rd Step: - 53 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 … Hindu to maintain his or her aged and infirm parents by reason of Section 20 of the Hindu Adoptions and Maintenance Act, 1956.-. 19 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 28.
Tag this Judgment! AI Brief & AskMississippi Choctaw Indians Vs. Holyfield
US Supreme Court
Apr-03-1989
Land Acquisition
exclusive forum for the determination of custody and Page 490 U. S. 53 adoption matters for reservation-domiciled Indian children, and the preferred forum for nondomiciliary … 31 the statutory congressional findings demonstrate that Congress perceived the States and their courts as partly responsible for the child separation problem it intended to correct. Thus, it is most improbable that Congress would have intended to make … children were being separated from their families and tribes and were being placed in non-Indian homes through state adoption, foster care, and parental rights termination proceedings, and that this practice caused serious problems for the children, their … the ICWA are its provisions concerning jurisdiction over Indian child custody proceedings. Section 1911 lays out a dual jurisdictional scheme. Section 1911(a) establishes exclusive jurisdiction
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