Court : Kerala
Reported in : 2005(4)KLT1003
..... , air 1939 lah.290 was different, wherein it was held that although under certain system of law, such as hindu law, a child en ventre sa mere is by a legal fiction and for certain purposes considered to be born in the sense that he has a right of inheritance in his father's property, such a fiction does not govern the rule laid down by the law of limitation. ..... right of child in womb:-- a child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born, before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of ..... this section recognises that rule of beneficent indulgence and the child in utero although subsequently born is to be deemed to be born before the death of the intestate and inheritance is to be deemed to vest in the child with effect from the date of the death of the ..... as per section 4 of the indian majority act, in computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the 21st anniversary of that day or at the beginning of 18th anniversary of that day, as the case ..... , note 3 to rule 67 of section iv of part iii of the kerala service rules provides thus:'the after born child of a deceased employee is also eligible to get his/her share of death-cum-retirement gratuity. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker146
..... 18-6-1956 when the hindu succession act, 1956 came into force and who died on or after 1-12-1976 when the kerala joint hindu family system (abolition) act, 1975 came into force, (iii)born on or after 18-6-1956 when the hindu succession act, 1956 came into force and who died before 1-12-1976 when the kerala joint hindu family system (abolition) act, 1975 came into force ..... , and (iv) born on or after 18-6-1956 when the hindu succession act, 1956 came into force but before 1-12-1976 and who died on or after 1-12-1976 when the kerala joint hindu family system ..... is also argued for the respondent that once the marumakkathayam law has been repealed, a person who is born after the commencement of the joint family abolition act, 1975 will never be considered as being governed by ..... does not become inoperative in respect of the: group (iv) that is the group of persons who were born on or 18-6-1956 but before 1-12-1976 and who died on or after the commencement of the joint ..... persons, i am unable to find any reason how it can apply to a person who died after 1-12-1976, though born before that date, for the applicability of section 17 could arise only on death. 66 ..... it is also not difficult to identify the group (iv), the group of persons who were born on or after 18-6-1956, who were governed by the travancore nair act and other kerala laws, but .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker330
..... if the position in law is that a statute enacted in the teeth of the prohibition contained in article 13(2) of the constitution is ab initio void in toto, non est, a nullity, and still born one, it clearly follows that no rights whatsoever could have flown from such an enactment and that enactment also could not have any operation whatsoever. ..... opinion as to whether a post-constitution law, which infringes a fundamental right guaranteed to all persons, irrespective of whether they are citizens or not and which therefore can have no operation at all when it is enacted and is to be regarded as a still-born law as if it had not been enacted at all and, therefore, not subject to the doctrine of eclipse.49. ..... in the view that i take that inasmuch as kerala act 4 of 1961 was still born, null and void from its inception, totally void ab initio and non est, it follows that there could have been no repeal of the malabar tenancy act by the said statute and the result will ..... if this clear distinction is borne in mind, much of the cloud raised is ..... of the clause indicates, without any reasonable doubt, that the prohibition goes to the root of the matter and limits the state's power to make law; the law made in spite of the prohibition is a still born law.' 53. ..... will be seen from these observations of the learned chief justice that post-constitution laws which are inconsistent with the provisions of the constitution must be considered to have never come to life but were still born as it were.48. .....
Tag this Judgment!Court : Kerala
Reported in : 2009ACJ2272
..... we are of the strong view that all illegitimate children, though born out of wedlock, are children born to a man and woman who cohabited for some time and are in substance husband and wife for all ..... the direct issue before the court was about the status of children born to a woman through a man who cohabited with the said woman and held that such children are legitimate and are entitled to a share (allotment) of the service benefits of their father along with the ..... the supreme court considered the basic issue regarding legitimacy of the children born to a mother who contracted marriage with a person whose first marriage was not ..... this declaration, besides many other things, two significant declarations were made:(i) all children born in wedlock or out of it shall enjoy equal status and equal rights. ..... cases have come to our notice where a man and woman living together as husband and wife without undergoing the formalities of marriage and children born in such relationship are not treated as legitimate under law.31. ..... exception is the life of prostitutes (unchaste women) and children born to them, who cannot claim father for them.15. ..... ii, defines legitimate child as one born in lawful wedlock or born before the marriage of its parties, who afterwards marry and which receives the recognition of its father and one of such children is just as legitimate before the law as the ..... and the fact that the deceased lived with rw 1 and two children were born in that relationship who are respondent nos. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker8
..... according to the studies and the results obtained and correlating this with the local environmental factors, a reasonable assumption can be arrived at that the ammonia borne air is being transported to the city by the land breeze from the ambalamedu industrial area. ..... ' as per these conclusions it is clear that the air borne particle size levels in cochin region are comparable to six major cities of usa indicating higher percentage contribution from man made sources of the region. ..... (3) the levels in cochin region of air borne particle size are well comparable to six major cities of u.s.a. ..... it is further to be borne in mind that the air pollution and the pollutants causing pollution should be studied in the lie of the geographical location of the particular area and in the light of the expert study conducted by the competent groups. ..... air borne particle size was also studied for the critical winter season for residential, commercial and industrial zones of cochin region. .....
Tag this Judgment!Court : Kerala
Reported in : [1998]232ITR730(Ker)
..... padma, and the daughter born in 1963 would have to be understood as a joint family. ..... the other members of this joint hindu family are necessarily born earlier and in such a situation, a hindu who is born, joins them. ..... the real situation is that the manifestation of jointness and the very basic foundation that the hindu is born as a member of the family. ..... this is because a hindu is born as a member of the joint family. ..... seshagiri, was born in march 1975. ..... apart from the running golden thread of jointness which is available in the neatly spread over factual matrix, a hindu is never born as an individual. ..... the assessee was married in 1962 and his first daughter was born in 1963. ..... padma, had a female child miss vidya and 13 years thereafter in 1975 a male child master sheshagiri was born. .....
Tag this Judgment!Court : Kerala
Reported in : 1987(1)KLT331; 1987KLJ128; ILR1987(2)(Ker)90
..... even though the child was only conceived before partition and born only after partition it will be presumed that he was in existence at the time of partition ..... that means a child known at the time of partition to have been conceived but not born at that time was recognised by the hindu law to be entitled to share. ..... a child in the womb of the mother at the time of partition but born subsequently, if denied share, had the right to reopen the partition. ..... the question is whether the right of such a child who was in the womb of the mother on 1-12-1976 and born alive subsequently is taken away by the provisions of act 30 of 1976. ..... rise to rights in property: on and after the commencement of this act, no right to claim any interest in any property of an ancestor during his or her life-time which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognised in any court. ..... means the children who could be included are those who are born and alive and did not attain majority. ..... tenancy in common is created and brought into existence under s.4 only by such a notional partition and therefore the child in the womb who was born alive subsequently is also a co-owner in the tenancy-in-common. ..... was held that age could be reckoned only after birth and child not yet born cannot come within the ambit. ..... thavazhi properties it is undisputed that every new born member was having birth right. ..... fourth plaintiff was conceived and born after 1-12-1976 and hence no share was .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker13
..... the question that has arisen for determination in this case is whether a family could claim that a child born after 1-1-1970 but conceived at that time could claim to be a member of the family so as to increase the ceiling area by one more ..... the above state of authority i was referring to the contention of counsel that a child conceived but not born has a legal personality in such detail only to do justice to argument of counsel sri warrier. 5. ..... law a bequest to a person not not in exist-ence at the testator's death is void; but a bequest may be made to a child in the womb, provided it is born within six months from the date of the will. ..... under the hindu law the right of a child born subsequent to a partition to reopen the partition under certain ..... to say that a child not yet born is of the age below 18 appears to ..... it be said that a child not yet born is a child below the age of 18 ..... en ventre sa mere is only to be treated as a born child where such construction is necessary for the benefit of that ..... law the fiction was invented that in all matters affecting its interests the unborn child in utero should be regarded as already born, but english law applies this fiction only for the purpose of enabling the child, if it is born to take a benefit. ..... to be so irrespective of any deter-mination for the, purpose of ceiling whatever that be, on the plain language of the term 'family' as defined in the act one sees no reason to style a child conceived but not born as an 'unmarried minor child'. .....
Tag this Judgment!Court : Kerala
Reported in : (1974)IILLJ130Ker
..... further provided:for implementing the scheme of separation of the civil and criminal wings of the judiciary, government are pleased to order as follows:(i) option will be allowed to all civil judicial officers originally borne on the magistracy, irrespective of whether or not, they have been confirmed as full members in the kerala state judicial service. ..... p1 scheme in so far as it restricted options only to civil judicial officers originally borne on the magistracy, was again arbitrary, as the benefit of the option was denied to persons like the petitioner, who were not originally borne on the magistracy, and recruited under the travancore-cochin munsif's recruitment rule, 1953.9. ..... restrict the exercise of option to get into criminal judiciary only to officers borne on the magistracy ; and (2) as the separation into two wings and the carving out of separate promotional avenues for the magisterial section of the judiciary, which had been integrated with, or absorbed into, the civil ..... we see no rational justification for confining the options to those originally borne on the magistracy. ..... we are unable to see why the benefit of the option was given only to civil judicial officers originally borne on the magistracy. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2009Ker122; 2009(2)KLJ101
..... illogical to assume that the legislature, by reason of the aforementioned statutory intervention expressly referring to a joint hindu family intended to confer a benefit on a person, who does not profess the hindu religion, who is not born a hindu and who was not brought up as a hindu and to whom none of the other statutes expressly comprehending persons professing hindu religion (like the hindu marriage act and hindu succession act) apply. ..... a claim for partition intractably pursued by a member of the erstwhile cochin royal family in the first instance and thereafter by her two sons born out of her relationship with a person professing a different religion, has given rise to this litigation. ..... as stated above, it is not the case of appellants 2 and 3 that they were born hindus or that they are otherwise hindus by reason of having satisfied the parameters mentioned in clause 2(a) of the ..... which was considered by the learned single judge and which was pursued before us relates to the claim made on behalf of appellants 2 and 3 the children born to the 1st appellant, in her relationship with the father of appellants 2 and 3. ..... but the application of section 16(1) it self would be restricted to children born out of a marriage which are only void in the context of section ..... cannot admit of any dilution to be encompassed by a law applicable to such joint hindu family, as contemplated by section 4(2) of the act is that the person concerned must be born into the said joint hindu family. .....
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