Judgment Search Results Home > Cases Phrase: majority act 1875 Sorted by: old Court: gujarat Page 1 of about 2,187 results (0.039 seconds)

Hajuben Suleman and anr. Vs. Ibrahim Gandabhai and anr.

Court : Gujarat

Reported in : (1977)18GLR133

..... explanation-for the purposes of this chapter:(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not ..... neglects or refuses to maintain:(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or refusal ..... such person as the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married is not possessed of sufficient means. ..... that the legislature has advisedly used the words 'has received' in order to indicate and at the same time restrict the power of cancelling the order of monthly allowance to cases where the wife by a voluntary act on her part of receiving the amount contemplated by clause (b) brings about the eventuality contemplated for exercise of the said power. .....

Havaben Karimbhai Belim Vs. Razakbhai @ Bachubhai Kartmbhai Belim and ...

Court : Gujarat

Reported in : (1978)19GLR237

..... a minor fatale child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.explanation-for the purpose of this chapter,(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his ..... -children throughout the life of the husband, is subsequently driven out by the step-children and is left to fend for herself:we cannot view with equanimity the lot of helpless children who though major are unable to support themselves because of their imbecility or deformity or other handicaps, and it is not as if such cases have not arisen.in the same way, it can be said that ..... wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may ..... status, created as a result of a valid marriage, it has provided so, for instance, in section 6 of the hindu minority and guardianship act, 1956, which provides for natural guardians of a hindu minor, the explanation states that the expressions 'father' and 'mother' do not include .....

In Re: Prakash Navnitbhai

Court : Gujarat

Reported in : AIR1986Guj116; (1986)2GLR1041

..... of the majority act, 1875, it is clear that notwithstanding anything contained in the succession act where the minors person or property was in the hands of the guardian at the age of 18, his minority would, extend up to 21 years ..... the majority act, 1875, the petitioner cannot be said to have become major. ..... 3 of the majority act deals with the same subject and makes different provision than what is made in the act and therefore, it is, inconsistent with the provisions of the act.hence, according to him, the same cannot be ..... the majority act which provides the age of 21 as the age of minority in cases where the court guardian has been appointed for the person or property of a minor cannot (sic) be said to override the rule of majority, i.e ..... 3 of majority act is inconsistent- with the provisions, of the act and therefore the same cannot be taken ..... in above view of the matter, the contention that the provisions of the act would be applicable and that the petitioner has attained majority on completion of 18 years of age and therefore the amount deposited be released cannot ..... the hindu minority and guardianship act virtually leaves the age of majority of a hindu minor ..... guardian of the person or property is appointed or declared by a court or superintendence of his property is assumed by the court of wards, the minor shall be deemed to have attained majority on the completion of twenty one years, despite the, overriding effect of the hindu minority and guardianship act over other acts. .....

Tulsidas Madhavdas Sharma Vs. Smt. Shantiben Tulsidas Sharma and anr.

Court : Gujarat

Reported in : II(1991)DMC397; (1991)2GLR190

..... of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.explanation-for the purposes of this chapter,(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband ..... neglects or refuses to maintain :(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself. ..... acting contrary would clearly be illegal. .....

Patel Verabhai Kalidas Vs. State of Gujarat

Court : Gujarat

Reported in : I(2000)DMC431

..... section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared by any court of justice in which case such age ..... statements and objects that the indian majority act was intended to prolong the period of nonage in the case of hindus as well as other sections of crown and to attain uniformity and certainty respecting the age of majority. ..... consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent. ..... in mind is that for attainment of age of majority whether a boy or a girl, he or she has to complete the age of 18 years and till then he or she is to be treated as minor.reference may now be made to the child marriage restraint act, 1929 (act 19 of 1929). ..... had an occasion to observe that a person can be kept in a protective home only when she is being dealt with under the provisions of suppression of immoral traffic in women and girls act, 1956, that there was inherent lack of jurisdiction in the magistrate with regard to sending of the girl to the protective home and that the evidence of the girl did show that she was major. .....

P. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1999)2GLR1422

..... section 3 of the indian majority act, 1875 prescribes completion of age of 18 years as the attainment age of majority except in case of minor for whose personal property guardian is appointed or declared by any court of justice in which ..... (c):that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent.sub-section (2)(a), however, prescribes for ..... that the indian majority act was intended to prolong the period of non-age in the case of hindus as well as other sections of crown and attain uniformity and certainty respecting the age of majority. ..... that for attainment of age of majority whether a boy or a girl, he or she has to complete the age of 18 years and till then he or she is to be treated as minor.8.1 reference may now be made to the child marriage restraint act, 1929 (xix of 1929). ..... to observe that a person can be kept in a protective home only when she is being dealt with under the provisions of suppression of immoral traffic in women and girls act, 1956, that there was inherent lack of jurisdiction in the magistrate with regard to sending of the girl to the protective home and that the evidence of the girl did show that she was major. .....

Vishal Nilesh Mandlewala Vs. Justice R.J. Shah (Retd.) Admission Commi ...

Court : Gujarat

Reported in : (2007)2GLR1764

..... (1) 'minor' means a person who, under the provisions of the indian majority act, 1875 (ix of 1875), is to be deemed not to have attained his majority;(2) 'guardian' means a person having the care of the person of a minor or of his property or of both his person and property;(3) 'ward' means a minor for whose person or property or both there is ..... under the indian majority act, 1875, section 3 provides for age of majority of persons domiciled ..... years shall ordinarily be with the mother,(b) in case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father;(c) in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section -(a) if he has ceased to be hindu, or(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).explanation :- in this ..... of a minor or of his property or of both his person and property, and includes -(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by a court; and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;(c) 'natural guardian' means any of the guardians mentioned in section 6.21. ..... that every other person domiciled in india shall be deemed to have attained majority when the person completes the age of eighteen years and not before. .....

Suo Motu Vs. State of Gujarat

Court : Gujarat

Reported in : (2009)1GLR33

..... from the date of the service of notice of the application to such person.explanation: for the purpose of this chapter:(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor famale child, if married, is not possessed of sufficient means:provided further that the magistrate may, during the pendency of the proceeding ..... refuses to maintain:(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate child whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of ..... 125 makes a special provision for the magistrate to award maintenance to a wife, parents, minor children or even major children not being a married daughter who by reason of any physical or mental abnormality or injury are unable .....

Manjulaben Prakshbhai Sarvaiya Vs. State of Gujarat and Another

Court : Gujarat

..... explanation :for the purposes of this chapter, (a) "minor" means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his majority (9 of 1875); (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... (a) "minor" means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority: (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 2. ..... neglects or refuses to maintain( a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such neglect or refusal, order ..... the same to such person as the magistrate may from time to time direct: provided that the magistrate my order the father or a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. .....

Commissioner of Income-tax, Gujarat I Vs. Rajkot Seeds, Oil and Bullio ...

Court : Gujarat

Reported in : [1975]101ITR748(Guj)

..... high court held that the interest claimed by the assessee-company as interest on borrowed capital for construction the house property in question was not allowable under section 9(1)(iv) of the act of 1922.at the stage when the matter was argued before the income-tax appellate tribunal for assessment years 1960-61 to 1963-64, which are under consideration before us, the decision of ..... favour of the revenue and against the assessee.before going to the legal points involved, we would like to point out that the language of the relevant provisions under section 9(1)(iv) of the act of 1922 and section 24(1)(vi) of the act of 1961 is almost identical and substantially the same so far as the questions involved in this reference are concerned. ..... the authority was to provide out of revenue, after meeting the working expenses of the port as defined in the act, a sinking fund for thee redemption of the stock at a period not exceeding ninety years, in accordance with regulations to ..... the decision of the court of appeal was confirmed by a majority of the learned law lords who heard the appeal and the learned law lords made observations in their respective speeches ..... whether the assessee, the respondent in this reference, is entitled to claim deduction of interest under section 9(1)(iv) of the indian income-tax act, 1922, so far as assessment year 1960-61 and 1961-62 are concerned, and under section 24(1)(vi) of the income-tax act, 1961, so far as assessment years 1962-63 and 1963-64 are concerned. .....