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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: kerala Year: 1992 Page 1 of about 2 results (0.040 seconds)

Dec 17 1992 (HC)

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Decided on : Dec-17-1992

Reported in : AIR1993Ker146

..... whole of india : 1. the hindu marriage act, 1955 2. the hindu succession act, 1956 3. the hindu minority and guardianship act, 1956 4. the hindu adoptions and maintenance act, 1956. these acts apply to all hindus including the marumakkathayees of kerala and the central acts have overriding effect over the state enactments as regards the matters provided for by the central acts ( section 4 of the acts mentioned as items 1, 2 and ..... 47. we, therefore, hold that on the passing of the joint family abolition act, 1975, section 17 of the hindu succession act, 1956 does not become inoperative in respect of the group (ii), that is the group of persons who were living on 18-6-1956 when the hindu succession act, 1956 came into force and who died on or after the commencement of the joint ..... family abolition act, 1975, the marumakkathayam law -- both statutory and customary -- came to be totally repealed. 27. the question then is what is the effect of section 7(1) and section 7(2) of the joint family abolition act. the discussion can be split into three parts : (a) effect of section 7(1). (b) effect of repugnancy under article 254(1) when section 17 ..... was enacted. (c) effect of section 7(2). (a). so far as section 7(1) is concerned, the words "hindu .....

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Sep 02 1992 (HC)

Sapna Jacob, Minor Vs. the State of Kerala and ors.

Court : Kerala

Decided on : Sep-02-1992

Reported in : AIR1993Ker75

..... community.6. it is also important to note the definition of the expression 'hindu' in the various enactments such as hindu marriage act, hindu adoptions and maintenance act and hindu succession act. in all these enactments the expression 'hindu' has been defined in the same manner. under explanation to section 2 of the hindu succession act, it is stated that the following persons are hindus, buddhists jainas or sikhs ..... to which such parent belongs or belonged;(c) any person who is a convert or reconvert to the hindu, buddhists, jaina or sikh religion.the petitioner at the most can claim to come under explanation (b) of section 2 of hindu succession act. but in order to avail the benefit of that clause it must be further proved that she was ..... and that these different approaches are not only compatible with each other, but are complementary'. (41) the constitution-makers were fully conscious of this broad and comprehensive character of hindu religion, and so, while guaranteeing the fundamental right to freedom of religion, explanation ii to article 25 has made it clear that in sub-clause (b) of clause ( ..... to be worshipped is large, that in deed is the distinguishing feature of hindu religion. this definition brings out succinctly the broad distinctive features of hindu religion. it is somewhat remarkable that this broad sweep of hindu religion has been eloquently described by toynbee, says toynbee: 'when we pass from the place of social practice to the place of intellectual outlook .....

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Aug 20 1992 (HC)

P.G. Hariharan and Ors. Vs. Padaril Deceased Kunhambu's Children Balac ...

Court : Kerala

Decided on : Aug-20-1992

Reported in : AIR1994Ker36

..... defendant in whose favour a life interest was created as per the compromise. it was only for the purpose of providing maintenance to a member that property was kept in common. in contrast, in regard to item no. 1 they never entered ..... by the plaintiffs and not on defendants 1 to 7 as contended by the defendants. this will be clear from section 14 of the succession act. 18. similarly the assumption made by the learned judge in paragraph 23 of his judgment that 'the subject matter ..... light of the above contentions defendants prayed for a dismissal of the suit. 4. ninth defendant filed a separate written statement adopting the contentions of defendants 1 to 6. 5. while 7th defendant remained ex parte, 8th defendant filed a separate written statement ..... clause 10 which is the centre point of dispute between the parties? 21. in ponnammal v. r. srinivasaran-gan, air 1956 sc 162 the supreme court has treated it as a well settled legal position that the family arrangement had to be judged ..... members of the separated family since there were five members who were minors at the time when the suit was compromised. the learned author mulla has in his book on 'hindu law' discussed the law on the point thus : '.....since a minor is not competent ..... would become full fledged rights on the basis of which a suit for partition of the property can be maintained successfully. 27. in answer to the above contentions, the learned counsel for the respondents has submitted that every term of the family arrangement .....

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