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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: 1970 Page 1 of about 1 results (0.154 seconds)

Jun 10 1970 (HC)

Ghungli Vs. Puran

Court : Delhi

Decided on : Jun-10-1970

Reported in : 6(1970)DLT433

..... under sub-section (1) of section ii for conferment of proprietary ..... s and land reforms act (15 of 1954), hereafter referred to as the abolition act. incidentally it also raises the question of impact of section 20 of the hindu adoptions and maintenance act (78 of 1956), hereafter referred to as the maintenance act. on the construction of section 11(2) of the abolition act.(2) the appellant is a widow. she was not so when respondent puran had applied ..... to be decided on its own facts and circumstances. tangible property will no doubt constitute resources of the minor. but the statutory right of the minor, under section 20 hindu adoptions and maintenance act, to be maintained by the father, cannot, invariably, be regarded as the means of the minor. it is not difficult to visualize a case where a father ..... it cannot be held that the appellant has other means of livelihood within the meaning of that expression as used in sub-section (2) of section 11 of the abolition act when read in conjunction with section 20 of the maintenance act. her appeal is, thereforee, allowed and the order of the learned district judge affirming the order of the compensation officer is .....

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Mar 30 1970 (HC)

Gopal NaraIn and anr. Vs. Durga Prasad Goenka and ors.

Court : Delhi

Decided on : Mar-30-1970

Reported in : AIR1971Delhi61

..... against the law and was accordingly discharged.14. it was urged by shri bishamber dayal that the right of the mother to maintenance has been recognised and codified under the hindu adoptions and maintenance act, 1956. this, according to the learned counsel, was, indicative of the fact that she was not intended to be given a ..... but the fulfillment of a legal obligation on their part. under the hindu law the normal right of a hindu widow, it was observed, was to maintenance out of the income of the whole of the joint family estate; but when the joint family estate was divided she was entitled to a share of ..... should be deemed to have been abrogated. it was accordingly held in that case that 'the interest of a hindu mitakshara coparcener available for division under this section (section 6(1) of the hindu succession act) will be such share in the property as would be allotted to him if a partition of the property had ..... was held that according to the mitakshara law, the mother or the grandmother is entitled to a share when the sons divide the family estate among themselves; but she cannot be recognised as the owner of such share until the division is actually made, ..... it was held that a mother's right to a share in the husband's estate on partition of the estate between the sons accrues only when a partition is actually made. this proposition was further reiterated and confirmed by the privy council in pratapmull aggarwala v. dhanbati bibi , where it .....

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May 12 1970 (HC)

Duni Chand Etc. Vs. Paras Ram Etc.

Court : Delhi

Decided on : May-12-1970

Reported in : AIR1970Delhi202

..... ii of that act and any adoption made in contravention of the said provisions shall be void ..... behalf of the appellants is well founded. the adoption of duni chand by mahajnu took place, as mentioned earlier, on may 23, 1957, after the coming into force of the hindu adoptions and maintenance act, 1956 (act no. 78 of 1956). according to section 5 of that act, no adoption shall be made after the commencement of the act by or to a hindu except in accordance with the provisions contained in chapter ..... of the property of majahnu and lehnu. this contention was repelled.8. in second appeal mr. chhabil das on behalf of the appellants has argued that when duni chand was adopted by mahajnu he became the adopted son of not only mahajnu but also of her deceased husband lehnu. as such, duni chand is stated to be preferential heir to the estate of ..... against mahajnu, baj ram and ram rattan on june 28, 1945. exhibit p-3 is the copy of that compromise. baj ram, it appears, died some time thereafter. on november 27, 1957, mahajnu filed suit no. 334 of 1957 for possession of the gifted land against ram rattan and gianu by asking for the cancellation of the gift made by her .....

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Sep 23 1970 (HC)

Mahesh Chandar and ors. Vs. Chungo and ors.

Court : Delhi

Decided on : Sep-23-1970

Reported in : 8(1972)DLT264

..... for permission to sue as a pauper. in mohan lal v. mahun ram it was observed:- 'butthe statutory right of the minor under s. 20 hindu adoptions and maintenance act, to be maintained by the father, cannot, invariably, be regarded as the means of the minor. it is not difficult to visualize a case where ..... maintained consitutes his means'.(7) the judgment was upheld by the supreme court in mohanlal v. mohuan ram-, but the question whether the statutory right of maintenance of a minor can or cannot be treated as a means of livelihood was left open. (8) this discussion will show that the expression 'means ..... in other cases for his life time. this being the case of minors, the only relevant requirement to earn exemption from sub-section (1) of section 11 of the act is that they have no other means of livelihood.(4) according to the learned district judge the minor-appsllants belong to a well ..... two extremes. in the webster's new international dictionary resource, property, revenue or the like are considered as the means of livelihood. in reference to section 488 of the code of criminal procedure this expression has been held not to signify only visible means, such as real property or definite employ mont. ..... means. but in a case where a minor is being actually maintained by his father, his statutory right to bs maintained may be taken into consideration, when ascertaining his means. the property of the father cannot be regarded as the means of the minor. it has, however, to be taken into account, .....

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