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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Year: 1969

Jun 16 1969 (HC)

Amar Nath Vs. Munnu and ors.

Court : Delhi

Decided on : Jun-16-1969

Reported in : 6(1970)DLT73

..... and maintenance act (78 of 1956), which provides for the determination of adoptive mother in certain cases. according to this sub-section, where an adoption has been made with the consent of more than one wife, the seniormost in ..... when an adoption is made by one of several widows in pursuance of an authority left to her alone. in other cases, the legal postilion has been held to be unsettled. this paragraph, in my opinion, also lends support to the view taken by the lower appellate court in this case. .my attention has also been drawn to section 14(2) of the hindu adoption ..... affirmed. (9) on second appeal in this court, amar nath plaintiff-appellant's counsel shri a. c. hoshiarpuri has very strongly argued that when the plaintiff was adopted by gopala he must be deemed to be the son of both the wives of gopala who were alive at that time. he has read ..... taken me through the statement of public witness -2 shri sunder according to whom the plaintiff was eleven day's old when he was adopted and at that time smt. indri was sitting by the side of gopala and indeed she became amar nath's. mother after ..... name vidya. public witness -3 has also stated in cross expmination that at the time of rawn ceremony, gopala and smt indri were both sitting together when munshi placed amar nath in gopala's lap. according to public witness -4 as well, at ihe time cf havan, smt. indri was sitting be .....

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Jun 09 1969 (HC)

Brij Lal Vs. Tulsi and ors.

Court : Delhi

Decided on : Jun-09-1969

Reported in : AIR1970Delhi116

..... opens, are found entitled to succeed, unless they have lost their right in some other way. he has also relied on section 10 of the hindu adoptions and maintenance act of 1956, which lays down that no person shall be capable of being taken in adoption unless, inter alia, he or she had not been married and he or she has not completed the age of 15 ..... married man, with children, of 26 years of age. the impugned adoptions, thereforee, cannot be held to be invalid.7. turning now to the question of competency of the present suit, it is undoubtedly true that the proper person to object to an alienation is the nearest reversionary heir, but when he happens to be a minor or is shown that he ..... is in collusion with the alienor, or that he has refused without sufficient cause to institute proceedings, or has precluded himself by his own act or conduct from suing, or has concurred in the alienation or the ..... act alleged to be wrongful, the next reversioner is entitled to maintain the action. this broad rule is contained in paragraph 67 of rattigan's digest of customary law. but the occasion to refer to this broad rule contained in paragraph 67 arises only when the concurrence of the next reversioner in the alienation .....

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