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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Year: 1968 Page 1 of about 21 results (0.302 seconds)

Apr 10 1968 (HC)

Chinnappa Gounder and anr. Vs. Valliammal

Court : Chennai

Decided on : Apr-10-1968

Reported in : AIR1969Mad187

..... which the various heirs get under the hindu succession act 1956 and therefore there is no justification whatever for importing the position under the earlier act by way of analogy into the position under the 1956 act.4. mr. sivamani, drew my attention to the provisions contained in the hindu adoptions and maintenance act, 1956 and particularly to sections 19, 21 and 22. section 19 of that act deals with the right of a ..... claim her right under the provisions of the hindu succession act, 1956, is to bring about a termination of the life interest created in her favour under the document dated august 16, 1944. if such an interest has not been created by the time when the hindu succession act, 1956, came into force and the respondent was merely receiving maintenance from her father-in-law out of the ..... joint family properties, the position may be different. but, when the right to receive maintenance which the respondent undoubtedly had, has crystallised in the form of creation of a .....

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Feb 18 1968 (HC)

Ramappa Parappa Khot and ors. Vs. Gourwwa

Court : Karnataka

Decided on : Feb-18-1968

Reported in : AIR1968Kant270; AIR1968Mys270; (1968)1MysLJ277

..... 18) so the civil judge had undoubted power to direct the payment of interim maintenance. now it is clear from the provisions of section 28 of the hindu adoptions and maintenance act, 1956 and section 39 of the transfer of property act that the right to maintenance in a proper case is not defeated by a gratuitous transfer by the person liable ..... by a specific provision in the code could be made only under that provision and that no appeal could be made to section 151 of the code of civil procedure when an application is made for such order, now stands displaced by the enunciation made by the supreme court in which it was ..... permission to sue as a pauper, that application which contains all the particulars which are to be stated in the plaint is really a plaint and when the application is admitted under rule 8, it becomes liberated from the objection that the suit could have been instituted only on payment of court fee ..... may be allowed to sue in forma pauperis'in refutation of the postulate that the plaint which is thus produced becomes transformed into a plaint only when the application for permission to sue as a pauper was granted, his lordship observed:'the plaint is not converted into a plaint from that time only ..... devi v. sat ram das, laxmi v. ramaiah, air 1954 hyd 97.(5) it seems to me more reasonable to say that a suit commences when an application is presented for permission to sue as a pauper and there is no postponement of the acquisition of the status of a suit until the .....

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Feb 14 1968 (HC)

Tarini Gupta Chowdhury Vs. Sm. Gouri Gupta Chowdhury

Court : Kolkata

Decided on : Feb-14-1968

Reported in : AIR1968Cal567

..... .13. it was contended by counsel for the appellant that the provisions contained in hindu adoptions & maintenanct act, 1956 did not contain any provision for grant of interim maintenance and, therefore the court has no jurisdiction to grant interim maintenance under section 18 of the hindu adoptions & maintenance act, 1956. it will appear first, that subject to the provisions of that section a hindu wife, whether married before or after the commencement of the ..... or proceed with a suit or proceeding is involved and a decision on that question is given such a decision would affect the merits of the controversy between the parties.27. in the present case we do not desire to express any opinion on the rival contentions as to whether an appeal lies or not. in the unreported decision in a ..... contention that there is general right of maintenance under hindu law.18. it will appear in mulla's hindu law, 13th edition at page 544 sequiter that a wife is entitled to be maintained by her husband where he possesses property or not. when a man marries a girl, he undertakes the obligation of maintaining her. the maintenance of the wife by her husband is .....

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Dec 20 1968 (HC)

Late R. Sridharan by Legal Heirs Mrs. Rosa Marie Stenbchler and Minor ...

Court : Chennai

Decided on : Dec-20-1968

Reported in : AIR1970Mad249; [1969]73ITR360(Mad)

..... terminologically called as a member of the family of his father.8. this discussion apart, explanation (b) to section 2 of the hindu succession act, 1956, the hindu marriage act, 11955, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956, whose language is in pari materia in each of the acts, provides as follows:--"explanation -- the following persons are hindus ............(a) ... ... ... ...(b) any child, legitimate or illegitimate, ..... the twice-born, judge made law recognised such an illegitimate son of a person belonging to a twice-born class as being entitled to maintenance which could also be made a charge on the joint family property. such maintenance 5s in lieu of inheritance-- see vellaiyappa chetty v. natarajan, 61 mad lj 522 at p. 526 = (air 1931 pc 294 at ..... surviving coparcener and none else. in fact, the supreme court in left open the question whether the hinduundivided family may for purposes of the income-tax act be treated as a taxable entity when it consists of a single member, male or female. emphasis was apparently laid on the presence of a single member and no more. rightly the revenue ..... this has no application to the facts of this case. even so, the decision in lingappa goundan v. esudasan, (1904) ilr 27 mad 13 cited by the revenue where the plaintiff therein was not' regarded as a hindu by birth as his mother was a christian, has no application for the reason that the later development of statute law recognises such .....

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May 02 1968 (HC)

Nanak Chand Benarsi Das and ors. Vs. Chander Kishore and ors.

Court : Delhi

Decided on : May-02-1968

Reported in : AIR1969Delhi235; 1969CriLJ965

..... now remains to consider the last contention of the learned counsel for the respondent. the contention is based on section 20 of the hindu adoptions and maintenance act, 1956 which came into force on 21st december, 1956. the section reads:--'(1) subject to the provisions of this section a hindu is bound during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her ..... right to refuse to maintain the petitioners, we cannto help expressing our strong disapproval of the conduct and behavior of the petitioners in maligning their own father and bringing a charge of adultery against him visa-vis smt. bimla devi who has been held by the learned magistrate to be his lawfully wedded wife and who admittedly brought them up for ..... . 50/- each as ordered by the learned addl. sessions judge, so long as they are pursuing their educational career with liberty to apply for enhancement of the allowance if and when necessary, consistently with the provisions of the code of criminal procedure.74. the result of our decision is that the reference made by the learned addl. sessions judge recommending enhancement ..... his account'26. it may be mentioned here that the girl anita to whom maintenance had been awarded in the last mentioned case was above 18 years of age. the argument that she was major and, thereforee, nto a child was repelled by the learned judges.27. in bombay, the view taken by beaumont c. j. and wassoodew j. in ahmed shaikh .....

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Aug 28 1968 (HC)

Wali Ram Waryam Singh Vs. Mukhtiar Kaur

Court : Punjab and Haryana

Decided on : Aug-28-1968

Reported in : AIR1969P& H285

..... . in these circumstances the suit of the plaintiff was dismissed. she preferred an appeal and the district judge has held that section 20(3) of the hindu adoptions and maintenance act (act 78 of 1`956), hereinafter called the act, casts an obligation on a hindu to maintain his unmarried daughter so long as she remains unmarried and is unable to maintain herself out of her own income ..... mother of the land out of which 5-16 bighas of land was under mortgage and the rest in her possession. this land was given to her by her father when she was deserted by the defendant and she had to maintain her son, from the loins of the previous husband narain singh who was the brother of the defendant, out ..... second appeal. 4. after hearing the learned counsel for the parties, we are of the view that there is no merit in this appeal. section 20(3) of the act leaves no manner of doubt regarding the obligation of a hindu to maintain his unmarried daughter when she is unable to maintain herself out of her earnings or other property. the relevant extract of ..... section 20 is in the following terms - '20. (1) subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain his .....

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Sep 02 1968 (HC)

Bharatkumar Chinubhai Vs. Commissioner of Income-tax, Gujarat. Commiss ...

Court : Gujarat

Decided on : Sep-02-1968

Reported in : [1969]71ITR1(Guj)

..... no longer hold good in view of the provisions] of the hindu adoptions and maintenance act, 1956, under which an adoption can be made by a widow only to herself and not to her deceased husband so as to bring into existence a son in the male line and the provisions of section 14 of the hindu succession act, 1956, may also, in a case where they apply, affect its ..... the joint family property. for his ownership is such that upon the adoption of a son it assumes a different quality; it is such, too, that female members of the family (whose members may increase) have a right to maintenance out of it and in some circumstances to a charge of maintenance upon it. and these are incidents which arise, notwithstanding his so-called ..... of these properties was therefore not converted and they did not cease to be joint family properties and become the separate properties of the assessee. we must, therefore, hold that when a coparcener who has only a wife or daughter and no son receives his share of the joint family properties on partition, such property in the hands of the coparcener ..... again the words of the privy council in arunachlams case - upon the adoption or birth of a son to him it would assume a different quality :'............ it is such, too, that female members of the family........ have a right to maintenance out of it and in some circumstances to charge for maintenance upon it.'and these are incidents which arise because the properties have .....

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Oct 05 1968 (HC)

Smt. Rohini Kumari Vs. Narendra Singh

Court : Allahabad

Decided on : Oct-05-1968

Reported in : AIR1970All102

..... separate residence and maintenance act (act 19 of 1946) as well as hindu adoptions and maintenance act, 1956, the court proceeded to pose the following question:'now, if the wife could claim maintenance on the ground of the husband having taken a second wife, could it be posited that she had deserted her husband without reasonable cause within the ambit of section 10(1)(a) of the act?'the answer was ..... of the hindu married women's right to separate residence and maintenance act 1946 is applicable only if the husband contracts a second marriage after the act was passed or whether the words 'marries again' are merely descriptive of the position of the husband as a twice married man at the date when the proceedings are taken under the act and do not exclude from their ..... be decided according to the circumstances of each case'.the same passage finds place in paragraph 489 of halsbury's laws of england third edition vol. 12 at p. 259.27. the submissions by mr. singh, therefore, have much force and we accordingly hold that the desertion by the appellant did not come to an end by the fact that the ..... . the marriage had taken place sometime in january 1945. the marital life of the party went on smoothly for about two years when it is said that the appellant left for alirajpur in february 1947 at a time when her husband was out of station. as she went to her father's place she took away all her belongings including valuables and .....

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Dec 20 1968 (HC)

Kuppa Bai Vs. A. Rajagopal Nadar and anr.

Court : Chennai

Decided on : Dec-20-1968

Reported in : (1969)2MLJ541

..... hindu adoption and maintenance act, 1956. what has to be determined here is whether the benefits the assignee from a tenant could claim are rights which could be said to have become vested in him. it is provided, by section 8 of the madras general clauses act which deals with the effect of repealing an act ..... and which applies unless as reserved in section 4 of the act ..... on the land, the compensation may be ascertained in execution and a fresh decree passed by the trial court in accordance with section 4 of the act. the 2nd defendant may, if he so desires, remove the superstructure without claiming compensation. application, if any, for compensation by ..... to grant a re-building certificate was subject to an appeal to the governor-in-council who had asbolute discretion in the matter. when the proposal for the grant of a rebuilding certificate was pending before the governor-in-council, the relevant provisions of the ordinance which ..... . the right to exercise an option of purchase of the land is given to the tenant only under the act. it is a privilege conferred on him by the act.27. in the above three cases, the question arose as to the applicability of the amended provision in pending proceedings .....

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Dec 20 1968 (HC)

Late R. Sridharan by Legal Heirs Mrs. Rosa Marie Stenbehler and Minor ...

Court : Chennai

Decided on : Dec-20-1968

Reported in : (1970)2MLJ334

..... ?called as a member of the family of his father.8. this discussion apart, explanation (b) to section 2 of the hindu succession act, 1956, the hindu marriage act, 1955, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956, whose language is in pari materia in each of the acts, provides as follows:explanation.--the following persons are hindus....(a)...(b) any child, legitimate or illegitimate, one of ..... the twice-born, judge made law recognised such an illegitimate son of a person belonging to a twice-born class as being entitled to maintenance which could also be made a charge on the joint family property. such maintenance is in lieu of inheritance--see vellaiyappa chetty v. natarajan (1931)61 m.l.j. 522 : l.r. 58 indap 402, approved in ..... the father as a member of the family to which the father belongs. it would be strange to insist upon evidence aliunde. the assessee when he declared that he and his son do form members of a hindu undivided family, has done so obviously to preserve the solidarity of his family and indeed his religion. his lapse even if it is ..... made by the assessee under sections 27 (1) of the wealth-tax act, section 66 (1) of the income-tax act and section 25 (1) of the expenditure-tax act, the income-tax appellate tribunal has referred the following common question for our decision:whether on the facts and in the circumstances of the case, the assessee and his son constituted a hindu undivided family for purposes .....

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