Court : Chennai
Reported in : AIR1933Mad867; 147Ind.Cas.694
..... bhagwat : air1930all379 only lays down that although the fact that all the adult members of a joint hindu family joined in the execution of a deed of transfer is sufficient to supply any lacuna that may exist in the evidence of legal necessity, that fact alone cannot supply the evidence of legal necessity when ..... 5 before he begins to discuss the presumption arising from the adult members admitting the necessity, the learned judge states:there is some independent inquiry in that their brother-in-law corroborated their statement as to their needs and necessities.4. ..... to be argued that the learned subordinate judge decided, the question not on proof of proper inquiry as to the necessity for the laon by the plaintiff but on a legal presumption arising from the fact that all the adult male members of the family, i.e. ..... it is therefore not correct to say that the learned subordinate judge has decided the case simply on the alleged presumption arising from the adult members admitting necessity. .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ506
..... it is not as if the personal laws may not provide for maintenance of adult sons if they are disabled by infirmity or disease. ..... but he is not bound to maintain his adult sons unless they are disabled by infirmity or disease--see mulla's muhammadan law, 15th edition, at page 303. ..... in the tea districts emigrant labour act (xxii of 1932) 'adult' means a person who has completed his 16th year and a 'child' means a person who is not an adult. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad553; 61Ind.Cas.762
..... the first question argued was, whether, having regard to the fast that the minor's mother was a party together with three adult co-parceners to this deed providing for partition according to the shares i have mentioned, the suit is barred under article 41 as a suit by a ward who has attained majority to set aside a transfer of property by his guardian. ..... however this may be, it seems to me that an agreement such as this, exhibit u, by the adult co-parceners even though the widow is a party to it, cannot be raid to be a transfer by the widow as guardian, seeing that at the time she was not the guardian of the property transferred. ..... it is, i think, settled that the adult members of a joint family may make a partition which will be binding on the minor, if it is fair. ..... but we have not been referred to any case which lays down that her assent is necessary to the validity of a fair partition made by the adult co-parceners. .....
Tag this Judgment!Court : Chennai
Reported in : 14Ind.Cas.295
..... as a matter of fact, however, there was a registered karar deed of partition in 1902, in which all the adult members of the four taywazhis and all the minor members represented by the adult members of their respective branches took part. ..... the negotiations and discussions among the adults of the family and their friends and relations who acted as mediators (including the husband of one of the senior ladies of the tarwad) lasted for about 5 days. ..... (b) the 2nd defendant and the adult members of the tarwad acquiesced in the plaint six itsms being treated as his self-acquisition, and their being left out of account in the division of 1902 as not belonging to the tarwad, though the properties then ..... all the adult male members knew evidently that the plaint items and some other items were claimed and all of them thought that, in the interests of the tarwad, the division should take place of the properties .....
Tag this Judgment!Court : Chennai
Reported in : (1962)1MLJ358
..... which will be applicable to the parties as nairs confers on every adult member of a tarwad the right to claim his or her share of the properties of the tarwad (vide section 33). ..... there is no qualification in the regulation that every adult member of sound mind only shall be entitled to claim partition. ..... the plaintiff was certainly an adult member of the tarwad on the date of the suit. ..... in the absence of any such disability it must be held that every adult member would be entitled. .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ513
..... in addition to his power to contract debts for family purposes, a manager can alienate joint family property for the family benefit or for family necessity even without the consent of the other adult members of the family. ..... when, as in this case, an adult of the family wants to effect a severance in status and all the other coparceners are minors, the question as to how the severance can be effected is discussed at page 290 and the following pages. ..... in the absence of an adult member to take up the position of karta, it is open to the concerned coparcenary to create a trust providing for the management. ..... affairs there is an implied authority in him to contract debts for family purpose in his capacity as the manager so as to make the debts binding on the other members to the extent of their interest in the family property, whether they be adult or minors. .....
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ532
..... under rule 24 of the minimum wages (madras) rules, 1953, the number of hours which shall constitute a normal working day shall be:(a) in the case of an adult, 9 hours,(b) in the case of a child 41/2 hours,rule 26 (1) is as follows:when a worker works in an employment for more than 9 hours on any day or for more than 48 hours in any week, he shall, in respect of overtime work, be entitled to wages--(a) in the ..... under section 13 of the motor transport workers act, 1961, no adult motor transport worker shall be required or allowed to work for more than eight hours in any day and 48 hours in any week. ..... extra wages for overtime : (1) where an adult motor transport worker works for more than 8 hours in any day in any case referred to in the first proviso to section 13 or where he is required to work on any day of rest under sub-section 27 of section 19, he shall be entitled to wages at ..... (2) where an adult motor transport worker works for more than 8 hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed. .....
Tag this Judgment!Court : Chennai
Reported in : (1963)1MLJ103
..... the law being well-settled, we must hold, agreeing with the subordinate judge, that the starting of new businesses like wire-nail business, lorry business, tapioca business and yarn business by the adult members of the family was a venture which they were entitled to start as joint family ventures with the result that the loss of those ventures would be binding on the minor members of the family. ..... been discussed by the learned subordinate judge in great detail and it is unnecessary for us to cover the same ground over again except to say that we agree with him that it has not been proved that the adult brothers had any independent source of money from which the capital necessary for the new businesses could have been drawn. ..... we find that there is no scope for finding that the new business started by the adult members of the family after the death of palaniappa were started with any independent funds of those brothers. ..... the first was whether the business started by the adult members of the family after the death of palaniappa mudaliar were not joint family business and consequently whether the assessments of income-tax on the profits of those businesses were not payable by the present plaintiffs. .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ98
..... fourthly, stress is laid upon the absence of the word 'bhaga pathram' when all the adult members were joining in this document and there was no need to camouflage the real nature of the document and if really the parties intended a partition they could well have stated so and well have called it a ..... this is not one of the cases where some of the adult members did not join and under the law then existing without the concurrence of all the adult members there could not be a complete division. ..... inasmuch as if some of the adult members did not join, a complete partition cannot be effected, there might be occasions of the executants not to call even a real partition deed a bhaga pathrom but introduce a number of provisions which will have the effect of a .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.787
..... similarly the use of family funds for the purpose of business with the knowledge and concurrence of the other adult members would ordinarily be strong evidence that the business was joint. ..... but in cases where the family consists of two members, one adult and the other a minor, is it to be presumed mat a business started and carried on by the former is ipso facto the joint business of the family? ..... if such conduct is shown on the part of the adult co-parceners who may ordinarily be assumed to safeguard the family affairs in which they are all equally interested, that is sufficient to constitute the trades a joint family business so that the infant members would also become ..... there would not be a sufficient guarantee a case like this that what was being lone was in the interests of the family, as there would be where it has the sanction of it least one adult co-parcener' other than the manager. .....
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