Court : Supreme Court of India
Reported in : 2003(3)AWC2288(SC); 2003(51)BLJR682; (SCSuppl)2003(2)CHN116; I(2003)DMC1SC; JT2002(10)SC571; 2003(1)KLT348(SC); (2003)1SCC730; [2002]SUPP5SCR689; 2003(1)LC215(SC)
..... , 1955 there was no prohibition for an hindu to have more than one wife and it is by virtue of the said act such marriages became unlawful or void, once the legislature by amendment of section 16 chosen to legitimatize the children born of such void marriages, the prohibition must be held to have been relaxed and the stigma wiped out so as to render he progeny, legitimate for all purposes and, therefore, the provisions of section 16(3) of the act also should ..... raman singh, the learned counsel for the appellants, while reiterating the stand taken before 'the courts below, vehemently contended that once the children born out of void and illegal marriage have been specifically safeguarded under section 16, as amended by the central act 68 of 1976, there is no justification to deny them equal treatment on par with the children born of wife in lawful wedlock by countenancing claims for inheritance even n theancestral coparcenary property. ..... if the marriage itself is void on account of contravention of the statutory prescriptions, any child born of such marriage would have the effect per se, or on being so declared or annulled, as the case may be, of bastardizing the children born of the parties to such marriage. ..... under the ordinary law, a child for being treated as legitimate must be born in lawful wedlock. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)ALT52(SC); 2006(4)AWC3859(SC); (2006)206CTR(SC)149; [2007(1)JCR140(SC)]; JT2006(12)SC610; (2007)1MLJ797(SC); 2007MPLJ435(SC); 2006(10)SCALE75; (2006)8SCC581; 2007(2)
..... on a construction of the settlement deed, the plaintiff became entitled to the property only on the death of his father and as an adopted son, according to hindu law, he had to share it along with the after born brother and his step-mother.although in 1927 babu ram had no son and the property at his hands became a separate property. ..... in view of the well-settled principles of hindu law, as soon as a son was born to him the concept of the property being a coparcenary property in terms of mitakshara school ..... under section 8 of the act included widow, mother, daughter of predeceased son etc.in paragraph 15, however, the law was stated as under:it is clear that under the hindu law, the moment a son is born, he gets a share in the father's property and becomes part of the coparcenary. ..... it is not correct to say that the share of the property, upon partition, constitutes the separate property of the coparcener and that it is only subsequently when a son is born that the property becomes ancestral property or hindu undivided family property. ..... sohan lal is concerned, no evidence has been brought on records to show that he was born prior to coming into force of hindu succession act, 1956. ..... stated:.besides, it is absolutely immaterial whether the sons were born to the inheritor before or after the inheritance fell in. ..... share in the property of babu ram, which would devolve upon all his heirs and legal representatives as at least one of his sons was born prior to coming into force of the act.16. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352
..... provided that in the application form a candidate for reserved seats from rural areas must submit a certificate of the district magistrate of the district to which he belonged that he was born in rural area and had a permanent home there, and is residing there or that he was born in india and his parents and guardians are still living there and earn their livelihood there. ..... it is not enough to exhibit a marshallian awareness that we are expounding a constitution; we must also remember that we are expounding a constitution born in the mid-twentieth century, but of an anti-imperialist struggle, influenced by constitutional instruments, events and revolutions elsewhere, in search of a better world, and wadded to the idea ..... generous steps to help the advancement of weaker elements ; the extent of the problem must be weighed, the requirements of the community at large must be borne in mind and a formula must be evolved which would strike a reasonable balance between the several relevant considerations. ..... the indian social conditions shows that the expression 'backward classes' used in the constitution referred only to those who were born in particular castes, or who belonged to particular races or tribes or religious minorities which were backward.111. ..... society must, therefore, treat more favourably those with fewer native assets and those born into less favourable social positions.the statement that equality of opportunity must yield equality of results was the philosophical foundation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC492; [1956]29ITR910b(SC); [1956]1SCR223
..... lord macmillan, after discussing the various authorities which according to him were useful as illustrations and as affording in- dications of the kind of considerations which maybe relevantly borne in mind in approaching the problem, construed the agreements in question as not ordinary commercial contracts made in the course of the carrying on of the assessee's trade. ..... "while each case is found to turn upon its own facts, 'and no infallible criterion emerges, nevertheless the decisions are useful as illustrations and as affording indications of the kind of considerations which may relevantly be borne in mind in approaching the problem................................ ..... no infallible criterion or test can be or has been laid down and the decided cases are only helpful in that they indicate the kind of consideration which may relevantly be borne in mind in approaching the problem. ..... it may also be borne in mind that the provisions of the indian income-tax act are not in pari materia with those of the english income-tax statutes so that the decisions on the english acts are in general of no assistance in construing ..... agreements would have come to an end on the expiration of the period of five years from the respective dates of release of the films and had only a part of the period to run, a fact which may also be relevantly borne in mind. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC298; 1980LabIC1325; (1981)ILLJ209SC; (1981)1SCC246; [1981]2SCR185
..... undoubtedly, it has to take reasonable and even generous steps to help the advancement of weaker elements; the extent of the problem must be weighed, the requirements of the community at large must be borne in mind and a formula must be evolved which would strike a reasonable balance between the several relevant considerations. ..... they have been compelled to be merely hewers of wood and drawers of water for centuries, so much so, that they are made to believe that they are born as slaves, born as hewers of wood and drawers of water. ..... the idea that one man is born superior to another has no meaning in vedanta; that between two nations one is superior and the other inferior has no meaning whatsoever....men will be born differentiated; some will have more power than others. ..... society must, therefore, treat more favourably those with fewer native assets and those born into less favourable social positions. ..... a constitution, like ours, born of an anti-imperialist struggle, influenced by constitutional instruments, events and revolutions elsewhere, in search of a better world and wedded to the idea of justice, economic, social and political, to all, must receive a generous interpretation so as to give all its ..... the aftermath of the caste-based operation of promotional preferences is stated to be deterioration in the over-all efficiency and frustration in the ranks of members not fortunate enough to be born scs & sts. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1093; (1971)ILLJ256SC; (1971)1SCC396; [1971]3SCR483
..... . on the other hand there was the evidence of the assertion made by the respondent that he was born on december 27, 1904, which was sought to be supported by the almanac with an entry in the margin, a horoscope, an affidavit of panchkari banerjee, secretary to the then chief justice sir arthur trevor harries in which it was stated that the ..... . the president has expressly recorded that he accepted the advice tendered by the chief justice of india and that he decided that the age of the respondent be determined on the basis that the respondent was born on the twenty-seventh december nineteen hundred and one ..... the president recorded his decision that he accepted 'the advice tendered by the chief justice of india and 'decided' that the age of sri jyoti parkash mitter should be determined on the basis that he was born on the twenty-seventh december nineteen hundred and one'.16. ..... mitter has failed to show that he was born on 27-12-1904 and not on 27-12-1901; and that the question about his age should be decided on the basis that he was born on 27-12-1901.14. ..... mitter was born on 27-12-1904, was contemporaneously made and is correct as alleged by him. ..... on september 28, 1965 the chief justice recommended that the age of the respondent be decided on the basis that the respondent was born on december 27, 1901. ..... the respondent also did not furnish any material in support of his case that he was born in december 1904. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(1)JT629; 2009(2)AWC1630(SC); JT2009(1)SC629; 2009(1)SCALE747; (2009)2SCC613; 2009(1)LHSC612
..... all the aforesaid reasons it is clear from the evidence and material available on record that the appellants herein never made any admission that the respondent was born out of the illegal relationship of teni and sonia nor there is any such admission made by them in their evidence. ..... have perused the objections filed by the appellants herein before the authority in which there is no such admission to the effect that the respondent was born out of the 'illegal relationship between teni and sonia' or any such admission in the evidence of the appellants. ..... is no evidence whatsoever to arrive at any proper conclusion that respondent herein was born out of the wedlock/relationship between sonia and teni.15. ..... in the voter list of the year 1959 as well as 1975 the name of the respondent was shown as son of teni but that evidence of respondent itself is not of any assistance to arrive at any conclusion that he was born out of the relationship between teni and sonia. ..... that arises for consideration in this appeal is as to whether the high court committed any error apparent on the face of the record in coming to such conclusion that the respondent herein was born out of the relationship between teni and sonia? ..... court mainly relied upon the admission stated to have been made by the appellants herein in their objections to the effect that the respondent was born out of 'illegal relationship of teni and sonia. ..... is no acceptable evidence that he was born out of the relationship between sonia and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC586; JT1994(6)SC461; 1994(4)SCALE469; 1995Supp(1)SCC572; [1994]Supp4SCR233; 1995(1)SLJ99(SC)
..... be 'appointed to a service' when in accordance with these rules or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.explanation is not necessary for the purpose of this case, hence omitted.11. rule 3(2) defines 'approved candidate' means a ..... procedure for commencement of the date of probation of persons first appointed temporarily as under :if a person having been appointed temporarily under sub-rule (a)(i)(1) or sub-rule (c) of rule 10, a post borne on the cadre of any service, class or category or having been appointed to any service, class or category, otherwise then in accordance with the rules governing and appointed thereto is subsequently ..... clear that by operation of special rules and rules, that psc candidates gets his seniority from the date on which he starts discharging his duties on the post borne on the cadre and his seniority shall be determined with effect from that date while the temporary appointee under rule 19(a)(i)(1) who is subsequently appointed in accordance ..... /promotion must be in accordance with the rules, direct recruiter takes his seniority from the date on which he starts discharging the duty of the post borne on the cadre while a temporary appointee appointed de hors the rules or on ad hoc basis or to a fortuitous vacancy gets seniority from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC751; [1968]2SCR395
..... should be in possession of both of them, that both of them should enjoy throughout their lifetime the said property without powers of gift transfer and sale and that after their death the children that may be born to them should enjoy the same with powers of gift, transfer and sale.' 3. ..... the residuary estate has been given to the children that may be born to the legatees who, it is provided, should enjoy the properties with powers of gift, transfer and sale. ..... and that after their death the children that may be born to them should enjoy the same.........' 8. ..... 811 and observed that the construction was borne out by a long line of authority. 13. ..... the 2nd defendant is the daughter born out of this wedlock. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)
..... which each of us recognises all our traditions as the common heritage of us all; a state and society in which we shed the dross in religion and perceive the unity and truth to which the mystics of all traditions have born testimony; a state and society in which we learn, in which we examine, in which we begin to think for ourselves - fashioning such a state and society is a programme worthy of those who aspire to humanism and secularism ..... thus be clear that in hindu social order, the prohibition of inter-caste marriage and looking down upon the progeny born to such inter-caste couple resulted in shunning the inter-caste marriages as a social mobility and resulted in rigidity ..... the advantage of starting life as syrian catholic being born in forward class, though she voluntarily married to a backward class citizen, cannot claim the status as a backward class to avail of protective discrimination unless she further pleads and establishes that candidates like her suffered all the handicaps and disadvantages having been born as backward class citizens or scheduled castes or scheduled ..... a candidate who had the advantageous start in life being born in forward caste and had march of advantageous life but is transplanted in backward caste by adoption or marriage or conversion, does not become eligible to the benefit of reservation either under article 15(4) and ..... 1313 of 1992, the petitioner lady born in a vysya community (business community) was married to a bestha (fishermen community - a .....
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