Court : Delhi
Decided on : Nov-28-1984
Reported in : AIR1985Delhi95; ILR1985Delhi508
..... hindus and have followed substantially the broad features of hindu law. they do not cease to be-governed by hindu law, by lapses from orthodox hindu practice or by deviation or dissent from orthodox hindu doctrines.it is now settled law that in matters of adoption, (prior to the enactinent of hindu adoption and maintenance act) they were governed by hindu law except to the extent it is varied by ..... provisions contained in section 14 of the hindu succession act, 1956 would apply to property possessed by a hindu female and to which she had some kind of title, however restricted the nature of her interest may be. this section would have no application to a case where a widow had no right whatsoever in the properties and had only a right of maintenance. cross-objections, thereforee ..... terms she will have the right to repudiate the adoptiondeed. however, no such term was incorporated. when she came to know of this fact she tore away the deed. she asserted that the adoption could be made in law. babu lal averred that he was validly adopted by tara bai. disputesraised in this case were however not decided because on the request of ..... mal had sold one property in 1951 and kept the sale proceeds with him,does this conduct amount to adverse possession? in our opinion, answer must be in the negative.(27) the expression 'adverse possession' means a hostilepossession, that is, the possession which is in denial of the title of the true owner. it must be adequate in continuity, in publicity .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-1984
Reported in : 1984(6)DRJ257
..... daughter against her father. there are not applicable to claim of a female against her male or female relatives. the reason is that those authorities are based on section 20 of the hindu adoption and maintenance act which only describes the obligation of the parents. there is no other law which prescribes the liability of female or male relatives qua the property. there is no ..... . they add that the total gross rental income of the properties is about rs. 32,000.00 per month, that after paying off house-tax, ground rent, income-tax and maintenance charges, the net income does not exceed to rs. 15,000.00 per month which was all spent in the payment of the aforesaid income-tax dues, debts to creditors and ..... . k. gupta, defendant no. 2, have been imp leaded as defendants 3 and 4. (5) according to the plaintiff, she has l/8th share in the properties. she states that when her sister mrs. anita kapur died, she left behind a will in favor of her sister defendant no. 10, that thereforee, defendant no. 10 1/4th share in the properties ..... been prima facie found above, the plaintiff and defendant no. 10 by themselves constitute co-sharers to the extent of 3/8th share which is a little less than half. (27) according to defendant no. i there are losses in the business of m/s. gupta sports house. connaught circus, new delhi. thereforee, that business will have to be taken over .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-12-1984
Reported in : (1984)9ITD792(Delhi)
..... considered the hind succession act at all, and has considered only the hindu adoption and maintenance act and the general principles of hindu law that the property which is inherited by a male hindu from his father is ancestral property in his hands. the said high court having not at all considered the provisions of section 8, the aforesaid ..... by the late maharaja. the commissioner (appeals), however, in para 7.1 in his order in the case of individual held that under section 8 of the hindu succession act, the said shares (one-thirty-sixth of indian estate and one-sixth of foreign estate) were assessable in the status of individual and ..... section, the interest of the deceased devolved by intestate succession under the said act.3. the revenue has not accepted the tribunal's order that sawai man singh headed a huf ..... 1970 intestate. at that time huf consisted of sawai man singh, his four sous and his wife. under proviso to section 8 of the hindu succession act, 1956, as sawai man singh left a female relative specified in class i of the schedule to the said ..... separate property. similar view has been taken in brijlal v. daulat ram 79 punjab lr 27 and cgt v. smt. gollapudi santhamma  116 itr 930 (ap) where it was held that properties settled by adoptive father on adoptive son is ancestral property in the hands of donee son.9. the learned departmental representative .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-1984
Reported in : 25(1984)DLT186
..... positive rights to custody which in earlier days the law did not accord to her. in the cascade of legislation passed in the fifties of this century e.g. the hindu marriage act 1955, the hinnu minority and guardianship act 1956, the mindu adoptions and maintenance act 1956, the legislature has touched upon the subject of welfare and protection of children from many angles. the new guardianship ..... , rather than the rights of the parents. human nature is much the same all the world ever, and in my opinion if the mother is a suitable person to take charge of the child, it is quite impossible to find an 'adequate subsitute for her for the custody of a child of tender years.' he further observed: 'the modern view of ..... till an application is moved by the father.(5) it appears that the father had gone out of india during those days. when he returned he did not find the children at home. he immediately made an application under section 151, code of civil procedure statling that the children bad been removed from his custody forcibly and that it is not in ..... proper provision applicable to a broken home. all orders relating to 'custody, maintenance, and education' of minor children are to be made 'from time to time' and may be varied, suspended or discharged. they all automatically come to an end on the child's 18th birthday when he attains majority. (27) the court can make provision 'in the decree' and 'after the decree .....Tag this Judgment!
Court : Delhi
Decided on : Mar-07-1984
Reported in : 10ITD412(Delhi)
..... tenants-in-common in respect of this property before the deceased's death.7. the learned counsel in this connection referred to the provisions of section 14 of the hindu succession act, 1956, which provides that any property possessed by a female hindu shall be held by her as full owner thereof and not as a limited owner. according to the learned counsel, applying this ..... prior right to be maintained out of the income of kathoke lodge remains what it was ever after the property was thrown into the family hotch pot : the right of maintenance, neither more nor less. thus, kathoke lodge may be usefully described as the property of the family after it was thrown into the common stock, but it does not follow ..... himself, his wife and his daughters. the claim of the assessed was, thereforee, rejected and the whole value of the property was included in the estate of the deceased.3. when the matter came before the appellate controller, strong reliance was placed on the observations made by the supreme court in the case of surjit lal chhabda v. cit : 101itr776 ..... a member of her fathers family and becomes a member of her husbands family. their lordships further observed that a joint hindu family with all its incidents is a creature of law and cannot be create by act of parties except by adoption. their lordships further held that it was to necessary to have more than one coparceners to constitute a huf. they .....Tag this Judgment!
Court : Delhi
Decided on : Aug-14-1984
Reported in : AIR1985Delhi14; 1985(8)DRJ66; 1984RLR653
..... for the same. this sub-section is couched in a strong language and says that notwithstanding anything contained in the act including sections 4 and 13, a hindu marriage may be dissolved even under the customary law of the parties, by adopting a mode different from the one provided under the act. this is what has happened ..... since their marriage. it certainly passes one's comprehension that paramjit kaur would not have made an attempt to live with the appellant or claim maintenance from him if she had not been divorced in accordance with customary law. indeed, the whole case of the appellant is that some litigation was ..... going on between him and his first wife when they agreed to dissolve their marriage by mutual consent. he has deposed that he had filed an application for restitution of conjugal rights whereas she ..... . if at all it was for the respondent to have called paramjit kaur or any other witness to rebut the evidence of the appellant, especially when, according to her, it was from paramjit kaur herself that she came to know that she (paramjit kaur) had not been legally divorced and ..... second marriage after the dissolution of his first marriage outside court. during cross-examination he asserted that his own daughter obtained divorce outside the court when she was about 17/18 years. he had brought the document to prove the factum of dissolution of his daughter's marriage by means of .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-03-1984
Reported in : (1985)(22)ELT271TriDel
..... and exemption from licensing control under notification 111/78, dated 2-5-1978.3. meteor is a public ltd. co. registered under the companies act, 1956 and is engeged in the business of manufacturing automobile pistons and other parts falling under t i. 34a of c.e.t. at its factory ..... contravened any rule. both the appellants also urged that notice under section 11a of the act for demand of duty could be made only by an asstt. collector and not by collector. the proceedings initiated by the collector of ..... v. collector of customs ana central excise, chandigarh, 1983 e.l.t. 1994 (cegat).7. shri mehta, who appeared for telstar, while substantially adopting the arguments of shri nargolwala criticised the appreciation of evidence by the collector and submitted wrong inferences had been drawn. he submitted that his findings are based ..... meteor in his extensive arguments submitted that the case depended on the interpretation . of definition of "manufacture" set out in section 2(0 of the central excises and salt act, 1944. the question in the present two appeals was who was the manufacturer of the pistons which admittedly were manufactured at ..... question of fraud, wilful suppression, or mis-statement of facts and therefore, no notice beyond the period of 6 months as stipulated under section 11a (1) of the act could be issued. no particulars of fraud, wilful suppression, etc., were set out in the show cause notice. the appellant had not .....Tag this Judgment!