Court : Chennai
Reported in : AIR1987Mad55
..... these pronouncements, therefore, clearly lend authority to our view that the reservation of twelve seats in the medical colleges for children born of inter-caste marriages with preference for children born to spouses of whom one is a member of a scheduled caste or a scheduled tribe, even though the heading of the category is 'children born on inter-caste marriages', it is perfectly in accordance with law, and does not offend the constitutional provisions in any manner. ..... shanmugham, who argued the petitions on behalf of both the petitioners, strenuously pleaded that the reservation of twelve seats for children born of inter-caste marriage is permissible under the constitution, but conferring preference to children born of parents of whom one happened to be a member of the scheduled caste/scheduled tribe, for selection, is discriminatory in nature and such a differentiation violates art. ..... it therefore follows that though the state has reserved twelve seats under the category of 'children born of intercaste marriages', it is entitled to give preference to (i) children born of inter-caste marriages between members of scheduled castes/scheduled tribes and members of forward communities, and (ii) children born of inter-caste marriages between members of the scheduled castes/scheduled tribes and members of most backward class/backward class. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)26CTR(Bom)107; [1982]135ITR1(Bom); [1981]7TAXMAN231(Bom)
..... in the appeal before the tribunal, the tribunal held that the amount of tax liability of the assessee borne by the employer-company inclusive of tax on tax was not salary for the purpose of the said r. ..... the aac, in the appeal, agreed with the ito's finding that 10% of the amount of tax borne by the employer was includible in determining the value of perquisite by way of rent-free accommodation in terms of the said r. 3.12. ..... in addition to his salary, he was provided rent-free unfurnished residential accommodation by the employer-company, and a portion of his tax liability in india in respect of the salary income from the employer-company was borne by it so as to place him in the same tax position as an individual of like status employed in his home-country. ..... whether, on the facts and in the circumstances of the case, the amount of tax borne by the employer, including tax on tax, on behalf of the employee, constitutes 'salary' as defined in explanation (2) to rule 3 of the i.t. ..... the employer-company thus reimbursed to the assessee a portion of his tax liability in india and also borne the additional tax becoming payable by him on such reimbursement of the part-tax. ..... it was common ground between the parties that the amount of tax borne by the employer-company was chargeable under the head 'salaries' under ss. ..... the excess of the tax liability in india was to be borne by the employer-company and so also the tax becoming payable thereby. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad88; (1924)47MLJ337
..... the ' vesting' should have come into operation in 1881 when the son was born, but obviously the act could have no bearing at this date, and this disposition was void. ..... he points out that if the first son of the daughter takes a vested estate as soon as he was born other sons of the daughter would be deprived of all benefits under the will a result not intended by the testator, unless the somewhat complicated construction is adopted that, as a second or third son is born, the earlier born sons would be divested protanto so as to give the last born an equal share with the others. ..... when the daughter died in 1918, the daughter's sons, if any, would have taken it but as only one was born and even he did not survive up to 1918 the plaintiffs took the estate. ..... it is true that in that case, the disposition failed as to those born after the testator's death on account of the rule of hindu law governing a gift to persons not in existence at the time of the testator's death, but it took effect as to those in existence at the testator's death, the rule in leake ..... he accordingly argues that, when a son was born in 1881, the contingent remainder was converted into a vested remainder whenthe boy died after living for a day; that it was then inherited by his mother who took the limited estate of a hindu mother in it, and, ..... what is the effect of this disposition as the law stood up to 1914, the disposition is void by the rule in the tagore case, as no child was born during the testator's life-time. .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR599
..... in default of any serious challenge their lordships, like the high court, think it sufficiently established that the first born son did not die until after the birth of a younger brother, and hold that the minor sons are entitled to challenge the validity of the mortgage.16. ..... their lordships do not think it necessary to determine whether this limitation upon the right of an after-born child to resist the claim of an encumbrance upon the family estate correctly expresses the law in all respects. ..... it is to be observed, however, that no question as to the time at which the eldest son died or his brothers were born was expressly raised in the pleadings nor did it form one of the issues. ..... of a child born or conceived before alienation, then that overlapping of the two lives enables the later-born child to contest the validity of the father's act.14. ..... the matter stands thus :-surajpal singh stated that his first son was born on august 18, 1918 (i.e. ..... | | | | | | | |sheo pratab singh lal pratab sing har pratab singh chutaku singh born 18-8-18 defendant no. ..... he might well have forgotten the exact dates and yet remember that one son died after another was born. ..... born after 1920). ..... 2, (born after 1920). ..... 3, born after 1920. .....
Tag this Judgment!Court : Delhi
Reported in : 1999IVAD(Delhi)397; AIR1999Delhi395; 79(1999)DLT348; 1999(50)DRJ281; ILR1999Delhi377
..... record which has since been amended as well as the original municipal record for the year 1967 clearly establish that the petitioner was born on 13th august, 1967 and the entry which is made in the certificate issued by the respondents is required to be corrected ..... before the board, such as the entry in the scholar's register and the statements of his father and uncle made in some cases in courts of law, give a finding that the petitioner was born in 1919 and not in 1917 and then correct the entry in the certificate. ..... 'the relevant page indicating the dates of birth of other children born on the dates as indicated will not leave any doubt that the petitioner was born on 13th august, 1967 and there can be no scope of manipulation as all entries relate to ..... the averments made in the writ petition are that the petitioner was born at jeewan hospital, new rohtak road, new delhi on 13th august, 1967 and was admitted to j.d.tytler school, new rajinder nagar, new delhi in nursery class on ..... in the present case the petitioner was stated to be born on 13th april, 1967 by school authorities which was recorded in error and subsequently the same was shown as 18th march, 1967 whereas it is contended that it is required to be corrected to ..... as well as the statutory record as maintained by the municipal corporation of delhi also show the petitioner to be born on 13th august, 1967. ..... of the register reads as follows: sex where bornannual monthly date of date of name male female born natio- doornumber no. .....
Tag this Judgment!Court : Chennai
Reported in : (1928)55MLJ894
..... . it is no doubt true that she adopted her sister's son but it should be borne in mind that at that time the then raja of pittapur was himself issueless and he had to adopt ramakrishna ..... . it is also to be noted that the plaintiff in this suit who was born in 1885 attained age in 1916 when he got possession of the estate from the court of wards ..... ramakrishna to give his boy in adoption and states that the real reason for the plaintiff's refusal was that she did not agree to his proposal that she should wait until another son was born to him and take that boy in ..... pledged. that seems hardly borne out by the passage in the evidence of ..... (no. 6) who was born in 1844 and died in 1890 adopted ..... ). | (11) ramakrishna, born 1885, _______________________________|_ 1873, | | | died april, ..... issue. rao, born adopted to 4-11-1871, | 1844, died ..... in 1913 another son was born to him. ..... | (11) ramakrishna, born 1885, _______________________________|_ 1873, | | | died april, 1914. ..... rao, born adopted to 4-11-1871, | 1844, died bobbili. ..... 1913. the 1st defendant accompanied the plaintiff as far as samalkot and observed that it was an occasion when all should be happy as the plaintiff had just had a second son ..... on the 5th of october 1885 the plaintiff in this suit was born. .....
Tag this Judgment!Court : Chennai
Reported in : 112Ind.Cas.184
..... | ---------------------- | ------------------------------------------------- | | putlibai alias nani or krishnadas, nanu married laldas born 16th may, 1884, | died 13th august, 1908, | married radhabai, defendant no. ..... the public might insist upon borne formal writing, showing that krishna and gokul were empowered to deal with third parties; supposing that is granted, how was the public concerned in the recital as regards the contemplated dissolution of the partnership? ..... in this connexion, it has also to be borne in mind that the father can effect a partition among his sons inter se, against their will. ..... two brothers a and b re-united of whom a died leaving c his son, born subsequent to the re-union. ..... | | babu alias govindas, born 18th november, 1907, plaintiff.2. ..... 2, | born 6th april, 1885, born 12th november, 1891, | married gangabai. ..... a careful analysis of the documents filed has, how ever, shown very clearly, that this conflict is more apparent than real and that in truth no confusion can possibly arise if the importance of certain events is borne in mind.36. ..... 3, | born 9th august, 1914. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad316
..... judge also pointed out that ramaswami iyer could not have begun his business in 1890, as he was born in 1876 or 1878, and could only have been 12 years old on that date. d. w ..... 'by a man destitute of a male issue': that is, by one to whom no son may have been born: or whose son may have died: for a text of saunaka states: 'one destitute of a son, or one whose son may have died, having fasted ..... a son' (aputra)' is one to whom no son has been born, or whose son has died: for a text of saunaka says: 'one to whom no son has been born or whose son has died, having fasted for a son, etc.'. ..... obsequies is a spiritual catastrophe (kriya lopat), the twin duties of the offer of oblations and the achievement of substitution (lacking a son born to him), always rest heavily on the spirit of the believer in hindu doctrines. ..... | | | | rama iyer, chandrasekara | | | | kuppu subbaraya | | | | annadu alias ramasami chandrasekara (born 1876/1878) | died on 25-5-1944 ___________|___________________________ married venkalakshmi | | | (1st defendant.) | | | | k.c. ..... when venkatasubrahmanyan was born, on the basis the' properties were ancestral, he became a co-parcener, but ramaswami iyer continued to be the owner subject to co-extensive interest of his son liable to partition if the right was ..... necessary ceremonies, and to the fact that, for that purpose, an adopted son is clothed with all the attributes of an aurasa son and is from the date of his adoption regarded as having been born in his adoptive family. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813
..... (iii) her understanding about as per her mental status,the distinction between she is incapable of makingthe child born out of the distinction between aand outside the wedlock child born before oras well as the social after marriage or outsideconnotations attached the wedlockthereto. ..... practitioner is satisfied that a 'continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health' [as per section 3(2)(i)] or when 'there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped' [as per section 3(2)(ii)]. ..... , of opinion, formed in good faith, that -(i)the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or(ii)there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.explanation 1. ..... there is also no indication that the prospective child may be born with any congenital defects. ..... however, it was repeatedly stressed before us that the victim has a limited understanding of the sexual act and perhaps does not anticipate the social stigma that may be attached to a child which will be born on account of an act of rape. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC947; [1968]2SCR292
..... surayamma in her written statement filed in that suit contended that somaraju was a major having been born on january 7, 1903 and was in a sound disposing state of mind when he executed the said will. ..... paraskthy) : air1941mad179 the appellants' case was that somaraju was born in 1905 and not in 1903 as alleged by the respondents. ..... in the absence of any evidence led by the appellants that a.4 related to somaraju and no one else, the extract obviously could not establish that somaraju was born in 1905 and therefore was a minor in 1921. ex. ..... the case of the respondents, however, was that another son besides somaraju was born of pullamraju after somaraju's birth. ..... the admitted position was that all the children of pullamraju were born in the village isukapalli. ..... 21/23)pullamraju (died 19-12-1913) widowsurayamma (died 22-10-50)|-----------------------------------------------------------------| | | | | |(1) (2) (3) (4) (5) (6)daughter subbay- venkay- somara- son (said radhyamma(died in yamma yamma (died to have (diedinfancy) (died) (died 29-3-21) been born 6-4-27)11-8-56) and diedin infancy). ..... 35 of the evidence act, it could not assist the appellants as it only indicated at best that a son was born of pullamraju in 1905. ..... the appellants' contention was that this extract furnished evidence that somaraju was born in 1905. .....
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