Court : Supreme Court of India
Reported in : AIR1958SC1042; [1959]1SCR1249
..... out of court so as to bind him, is there any reason why that person should not be competent when he finds that the interests of the minor would best be served by a division and that the adult coparceners are not willing to effect a partition, to file a suit for that purpose on behalf of the minor, and why if the court finds that the action is beneficial to the minor, the institute of ..... the contention of the respondents, on the other hand, is that a suit for partition instituted on behalf of a minor coparcener stands on the same footing as a similar suit filed by an adult coparcener, with this difference that if the suit is held by the court not to have been instituted for the benefits of the minor it is liable to be dismissed, and no division in status can be held ..... has long been settled that a suit for partition on behalf of a minor coparcener is maintainable in the same manner as one filed by an adult coparcener, with this difference that when the plaintiff is a minor the court has to be satisfied that the action has been instituted for his benefit ..... the contention on behalf of the appellants is that while in the case of an adult coparceners a clear and unambiguous expression on his part of an intention to become divided will have the effect of bringing about a division in status and the filing of a suit for partition would amount ..... in the case of an adult he has not got to give any reasons why he asks for partition but has simply to say that he wants partition, and the court is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC680a; [1961]41ITR528(SC); [1961]2SCR821
..... the bombay, madras and patna high courts have held that where a minor is admitted as a full partner by adult partners, the document can be registered after interpreting it to mean that the minor has been admitted to the benefits of partnership and not as a full partner. ..... if the income-tax authorities register the partnership as between the adults only contrary to the terms of the document, in substance a new contract is made out. ..... section 30 of the indian partnership act clearly lays down that a minor cannot become a partner, though with the consent of the adult partners he may be admitted to the benefits of partnership. ..... it is true that in that case the high court did not consider the question whether the partnership should have been taken to be a valid partnership consisting of the adult partners, because no such question was referred. ..... in short, no distinction was made between the adult partners and the minor, and to all intents and purposes, the minor was a full partner, even though under the partnership law he could only he admitted to the benefits of the partnership and not as a partner. 3. ..... , hold that where a minor is admitted as a full partner with equal rights and obligations with adults, the deed is invalid. ..... it was held that the fact that the minor was included as a partner did not make the partnership as between the two adult partners invalid, and that the minor must be deemed to have been admitted to the benefits of the partnership by the two adults. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1519; 1979CriLJ943; (1979)2SCC628; [1979]3SCR768
..... (1) a court may, if it think fit, instead of directing any youthful offender to be detained in an approved school, order him to be-(a) discharged after due admonition; or (b) released on probation of good conduct and committed to the care of his parent, guardian or other adult relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, as the court may require, to be responsible for the good behavior of the youthful offender for any period not ..... (1) a court may, if it thinks fit, instead of directing any youthful offender to be detained in an approved school, order him to be(a) discharged after due admonition; or(b) released on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person, on such parent, guardian, relative or person executing a bond, with or without sureties, as the court may require, to be responsible for the good behavior of the youthful offender for any period not ..... 258).our 'approved schools' like our adult prisons sometimes remind us of animal farms, if only judges care to visit jails. ..... if the power is upheld, the procedural safeguards should be as precise as they are for adults. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2236; 1977CriLJ1921; (1977)4SCC44; [1978]1SCR301
..... subjected to hard labour that rigorous imprisonment implies and exposed to the deleterious company of hardened adult criminals, a young person, even if now twentyone, returns a worse man, with more vices and vengeful attitude towards society. ..... today, may be, the barbarity of tender-age offenders being handcuffed like adult habituals, trooped into the crowded criminal court in hurtful humiliation and escorted by policemen, tried along with adults attended by court formalities, survives in that hallowed state; for, counsel for bihar surprised us with the statement that there now exists no children act in that state. ..... united states, said:there may be grounds of concern that the child receives the worst of both worlds; that he gets neither the protection accorded to adults nor the solicitous care and regenerative treatment postulated for children.383, u.s. ..... adult intent, automatically attributed to infant mens, is itself an adult error. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC417; 1991CriLJ2648; [1991(61)FLR759]; JT1990(4)SC263; 1991LabIC231; (1991)1MLJ44(SC); 1990(2)SCALE947; (1991)1SCC283; [1991]3SCR312; [1990]Supp2SCR518; 1991(1)LC16
..... we are of the opinion that compulsory insurance scheme should be provided for both adult and children employees taking into consideration the hazardous nature of employment. ..... we are, therefore, of the opinion that in consideration of their special adaptability at least 60% of the prescribed minimum wage for an adult employee in the factories doing the same job should be given to them. ..... we would have been happy to have updated particulars but for disposal of this case total figure and the proportion between adult workmen and children perhaps may be taken as the foundation.3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC83; 1980CriLJ10; (1980)1SCC74; [1980]1SCR927
..... like in most other states of the country, a compassionate trial process would have been statutorily mandatory and children could not be marched into regular criminal courts for trial and conviction, nor incarcerated with adult criminals with obvious debasement and subtle torture such as homosexual attacks unfortunately, despite repeated observations of this court, the conscience of the state of bihar has not been quickened into kindness towards children and ..... 2 sankar sahu was barely 16 years old, but was tried, convicted and sentenced like an adult. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1073; 1983(2)SCALE141; (1984)1SCC66; [1983]3SCR701
..... living with the family was adopted in fact, a provision like section 4(3) which makes for the augmentation of the permissible area for a family when the adult sons do not own or hold lands of their own but are living with the family has one virtue, that it ensures such augmentation in the case of every family irrespective of by what personal law it is governed and no ..... so far as an adult son living separately from the family is concerned, he is rightly regarded as a separate unit who will have to file a separate declaration in respect of his holding under section 9,of the act and since he is living separately and would .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1385; (1964)66PLR897; [1964]6SCR321
..... these observations make it clear that where adult members are inexistence the judgment is to be not that of the manager of the family alone butthat of all the adult members of the family, including the manager. ..... in the casebefore us all the brothers of pindidas were adults when the contract wasentered into. ..... apart from that the adult members of thefamily are well within their rights in saying that no part of the family propertycould be parted with or agreed to be parted with by the manager on the groundof alleged benefit to the family without consulting them. ..... the adult managers of the family foundit very inconvenient and to the prejudice of the family's interests to retainproperty, 18 or 19 miles away from bijnor, to the management of which neitherof them could possibly give proper attention, that they considered it to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(87)FLR343]; (2001)ILLJ324SC
..... pankaj kalra, appearing for the appellants strenuously contended that by judgment of this court the appellants having been given the regular pay scale while continuing as an adult education supervisor under the scheme on the basis that they were discharging the full time duties there is no rationale to deny the relief sought for by the appellants in the writ petition. mr. ..... the high court relying upon the circular issued by the government on november 13, 1995 came to the conclusion that no part of the services rendered by appellants as supervisors in the adult education scheme can be considered either for the purpose of determining the initial amount of salary which they would get on their regular absorption nor can the same be taken into account for deciding the ..... needless to mention that these appellants after having served for a number of years under the rural education literacy project/state adult education programme, the scheme itself under which they had been discharging their duties stood abolished, and consequently the appellants ceased to be employees. ..... these appeals and the writ petition raised the common question as to whether the services rendered as an adult education supervisor under a non-formal education scheme, evolved by the state of haryana, can be counted for the purpose of granting pensionary benefits as well as for the purpose of fixation of his pay, when such an employee is recruited to a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988
..... yet again on 19.11.1991, the policy was modified to the following effect:2(b)adult life convicts who have been imprisoned for life but whose cases are not covered under (a) above and who have committed crime which are not considered heinous as mentioned in clause (a) above.their ..... the categories are:1.adult male life convictsafter completion of8-1/2 years of substantive sentence and 14 years sentence including remission.2.female and juvenile life convicts who were below 20 years of age at the time of commission of offence.after completion of 6 years of ..... (d)adult life convicts involved in heinous crimes such as dowry deaths, bride burning, husband killing and cases disclosing great depravity of character and greed and those involving extreme brutality, murder with rape, murder while ..... (c)adult life convicts (above 18 years) not convicted for heinous crimes as defined in (d) below.their cases may be considered after completion of 8 1/2years of substantive detention including under trial/detention period, provided that the total period of .....
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