Court : Karnataka
Decided on : Jan-13-1966
Reported in : (1969)ILLJ493Kant; (1966)2MysLJ97
..... . so the plaintiff was entitled to no more than a reasonable opportunity such as the one to which art. 311 of the constitution refers. the charge of misconduct against him was that he displayed insubordination towards corporal bhan and used vituperative language against him. corporal bhan and prasad were the two witnesses ..... based. he could then demonstrate that the evidence produced does not establish the charges or that the punishment proposed in excessive. in the case before us the commanding officer who issued the show-cause notice was the very person who ..... 1954. a copy of the report which should normally be furnished to the government servant is what is necessary to enable him to adequately show-cause when he exercises the second opportunity which he can do only if he has knowledge of the materials on which the conclusions of the enquiring officers are ..... was that ex. d. 4 was submitted to the commanding officer who interviewed the plaintiff in his presence. the order made by the commanding officer on 27 july, 1954 deciding to discharge the plaintiff was preceded by that interview, during which the commanding officer must have listened to his representation. 21. the question ..... j., heard it, he referred it to a bench of two judges under the provisions of s. 6 of the mysore high court act since in his opinion the appeal involved an important question of law as to the applicability of the provisions of art. 311 of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-22-1966
Reported in : AIR1968Bom314; (1968)70BOMLR67; 1968MhLJ290
..... consideration of this question depends upon the construction of the provisions contained in hindu adoptions and maintenance act, 1956 (hereinafter referred to as the said act).(4) in order to sustain her claim, the petitioner has to rely upon the provisions contained in section 22 of the said act, which came into force on the 21st of december 1956. prior to the coming into operation of the said ..... act an illegitimate daughter of a hindu was not entitled to claim any maintenance against such hindu ..... or against his or her estate. it is only by virtue of the provisions contained in the above act that the ..... is one of the 'dependants' enumerated under section 21 of the said act. section 22 of the act provides for maintenance of dependants enumerated in section 21 of the said act. section 22 (1)and (2) are relevant and the same read as under:(1) 'subject to the provisions of sub-section (2) the heirs of a deceased hindu are bound to maintain the dependants of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-15-1966
Reported in : AIR1969AP15
..... by the contract. it was further contended that s. 25 of the hindu adoptions and maintenance act, 1956 (no. 78 of 1956) (hereafter called 'the act') is not applicable because the widow would not be entitled to maintenance under s. 22 of the act in view of the fact that her husband died before the act came into force. 7. it is not in doubt that a widow, who surrenders ..... advancing such an argument is that the plaintiff after surrender was not entitled to be maintained under the old hindu law. after the commencement of the act, sec. 22 of the act not being retrospective, she could not have instituted any suit under that section for maintenance against the reversioners in whose favour she had already surrendered the estate. it would thus be clear that she ..... , not being a person who is entitled to be maintained under section 22 of the act, cannot file a suit under sec. 25 of the act, for the enhancement of the maintenance, based on an agreement executed in her favour prior to the commencement of the act. although sec. 25 is retrospective but that section does not relate to such an agreement between the plaintiff, who was ..... . 12. i am, therefore, satisfied that the lower courts have erred in holding that the plaintiff could institute the present suit for the enhancement of the maintenance under sec. 25 of the act. in my view, sec. 25 is not applicable to the plaintiff's agreement. 13. the result is that the second appeal is allowed and the plaintiff's suit in dismissed. i .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-15-1966
Reported in : 78ITR534(KAR); 78ITR534(Karn)
..... 9. the responsibility of the father has now been statutorily recognised by section 20 of the hindu adoption and maintenance act read with the definition of 'maintenance' contained in clause (b) of section 3 of the said act. we should add that the act for the first time declared that the obligation to maintain rests also on ..... a daughter of the family was that of the family, he though that the provisions of the hindu adoption and maintenance act of 1956 imposing such a liability upon the parents would supersede the old hindu law obligations resting on a joint family. ultimately, he set aside the order of the assessing authority ..... an undivided family, there never has been any doubt that the expenses of the marriage of a daughter of the family is a legitimate charge on the family estate. indeed, it is regarded as one of the compulsory smackers constituting a sufficient ground to support even an alienation ..... dealing with the second type of case, the gujarat high court has held in darshan surendra parekh v. commissioner of expenditure-tax, that when a member of the undivided family spends for his own personal requirements out of the proceeds of his own separate property, such expenditure cannot ..... incurred by the hindu undivided family which is the assessee. 3. the expenditure actually incurred by d. c. shah and anasuya bai cannot be treated as expenditure incurred by the hindu undivided family by the application of sub-section (i) of section 4 of the expenditure-tax act. 27. the assessee will .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-13-1966
Reported in : AIR1967All148
..... should be given to the adopted son after the passing of the act in other provinces as well. in 'introduction to modern hindu law' by j. duncan m. derret we find in paragraph 180 of that book that the learned author after dealing with sections 12 and 14 of the act has opined that for the purposes of inheritance and maintenance an adopted child is precisely upon ..... a part of his argument. this article has dealt with the lacuna in the act and has suggested certain amendments to the act. in the view of the learned writer in the absence of a specific provision on the point it ..... . an adopted son has all the rights of a natural son and it is reasonable to hold that in the circumstances he should be accepted to be the son of the husband of the widow. learned counsel for the respondent has invited rny attention to an article on the subject which finds place in 1965 all india reporter (journal section) p. 27 as ..... is difficult to accept that the adopted sou of a widow should be deemed to be the son of her deceased .....Tag this Judgment!
Court : Orissa
Decided on : Nov-01-1966
Reported in : AIR1967Ori129; 33(1967)CLT710
..... executed by the plaintiff after it was fully explained to her, then under section 16 of the hindu adoptions and maintenance act (central act 78 of 1956) (hereinafter to be referred to as the act), a presumption in favour of adoption would accrue. the section lays down that whenever any document registered under any law for the time being ..... alienation. after his death, the properties would vest absolutely in his sons. though the plaintiff was divested of the properties, the remained in sole charge and management during her life time and even after the 1st defendant attained majority. thus, a restricted title was conferred upon the 1st defendant, but ..... from consideration on the ground that no foundation was laid for admission of secondary evidence as the objection was not taken at the time when the documents were exhibited.it is next necessary to examine if these documents were genuine and were executed by the plaintiff after the documents were ..... is well settled that if the objection is confined only to the mode of proof, it must be taken at the earliest point of time when the documents are tendered in evidence in the trial court. the objection is not permissible to be raised at a subsequent stage or in ..... case, however, is that nilmoni during his life time expressed a desire to adopt the 1st defendant, who is the second son of the 5th defendant. for some reason or other, the actual adoption had not taken place when nilmoni died at an age of about 70 years. plaintiff was the second .....Tag this Judgment!
Court : Orissa
Decided on : May-06-1966
Reported in : AIR1966Ori239
..... 2. the learned lower appellate court misconceived the legal position. under section 23(2)(b) of the hindu adoptions and maintenance act, 1956, it is laid down that:'23. in determining the amount of maintenance, if any, to be awarded to wife, children or aged or infirm parents under this act, regard shall be had to- (b) 'the reasonable wants of ..... to the cross appeal are as follows :the appellant krushna chandra balua is admittedly husband of mst. daimati kissani, the respondent. she filed a suit for maintenance which ultimately ended in a compromise on 6-5-1960 in t. s. no. 48 of 1959 in the court of the munsif, sambalpur. under the ..... son, she started execution of the compromise decree. the husband raised an objection under section 47, c. p. c. that out of the maintenance of rs. 30 p.m., rs ..... compromise the respondent was entitled to a future maintenance of rs. 30 p.m., rs. 20 for herself and rs. 10 for her minor son if and when the appellant would fail to maintain them. as the appellant failed to maintain the respondent and her minor ..... the claimant'. in t. s. no. 48 of 1959 the claimant was the mother. as a part of her wants she put in a claim of rs. 10 for her minor son, who admittedly resides with her. it cannot be disputed that when .....Tag this Judgment!
Court : Kerala
Decided on : Jun-30-1966
Reported in : AIR1967Ker181
..... that finding has been entered, can claim, as of right, to be awarded maintenance under section 25 of the act.17. it is necessary now to refer to some of the provisions contained in the hindu marriage act, 1955 -- act 25/1955 as well as the hindu adoptions and maintenance act, 1956 -- act 78/1956, the first act namely 1955 act, provides in sec. 10, the various grounds, under which a party can make an application ..... be secured, if necessary, by a charge on the immovable property of the respondent.'it may be noted that in this sub-section, apart from various other matters to be taken into account, the court is also to take into account 'the conduct of the parties', when a request is made for payment of alimony and maintenance.sub-section (2) provides for the court varying ..... to the various matters referred to in section 25(1) of the act. if there is a legal bar, in my opinion, there is no question of awarding any amount whatsoever, by whatever name it may be called--in this case by the first court as starving allowance and by the appellate court as subsistence allowance.27. mr. k. neelakanta menon, learned ..... counsel for the respondent no doubt drew my attention to decisions regarding the interpretation to be placed on the expression 'is living in adultery' occurring in section 13(1)(i) of the hindu marriage act 1955. for instance, the learned counsel referred me to the .....Tag this Judgment!
Court : Chennai
Decided on : Mar-25-1966
Reported in : (1966)2MLJ506
..... that there has been no definition of the word 'child'; nor is there limitation on the age of the child. minority is not specifically referred to, as found in the hindu adoption and maintenance act, 1956 or marriage indicated as the upper limit in the case of a daughter. the omission of the age of the child in the ..... in character and arose from the very existence of their relation between the parties. since, under the hindu adoption and maintenance act of 1956 there is a special provision, section 20, providing for the maintenance of children and aged parents. under the section a legitimate or illegitimate child may claim maintenance from his or her father or mother so long has the child is a minor. by sub-clause ..... be understood in the sense in which they best harmonies with the subject of the enactment and the object which the legislature has in view. the meaning of a word, when doubtful, should not be sought for so much in a strictly grammatical or etymological propriety of the language nor in its popular meaning. but it must be sought for in ..... , blind, lame, and impotent person, or other poor person not able to work, being of sufficient ability, should at their own charges relieve and maintain every such poor person in the manner therein mentioned.by 31 and 32 vict. c. 122, section 37, any parent wilfully neglecting to provide , adequate food, clothing, medical aid, or lodging for his child, being in his .....Tag this Judgment!
Court : Chennai
Decided on : Jan-07-1966
Reported in : (1966)2MLJ546
..... a minor on the date of the petition in spite of the fact that a minor has been defined under section 3 of the hindu adoptions and maintenance act as a person who has not completed the age of 18 years. under section 20 of the hindu adoptions and maintenance act, an illegitimate father is entitled to maintain his illegitimate child so long as he is a minor as defined ..... under section 3 who has not completed the age of 18 years. therefore, the learned counsel for the respondent contended before me that when ..... maintenance for the period 17th october, 1961 to 17th june, 1962. this application was resisted by the respondent herein as not maintainable on the ground that on the date of presentation ..... 7th february, 1947 and it was confirmed by the high court on 2nd february, 1951. long after the decree was confirmed by the high court in the year 1951, the hindu adoptions and maintenance act (lxxviii of 1956) came into effect. the appellant herein filed e.p. no. 196 of 1962, out of which this appeal arises for arrears of .....Tag this Judgment!