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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: 1976 Page 1 of about 27 results (0.159 seconds)

Jul 06 1976 (HC)

Haribai Vs. Baba Anna and anr.

Court : Mumbai

Decided on : Jul-06-1976

Reported in : AIR1977Bom289; 1978MhLJ127

..... placed on two instances, one of 1942 and another of 1948 and certain oral evidence. these instances may not be sufficiently ancient to establish a custom. but what section 10(iv) of the hindu adoptions and maintenance act, 1956, talks of is not only custom, but also usage, the instances and evidence would be sufficient to establish a usage. however, this sufficiency of evidence for ..... mr. abhyankar, the learned counsel for the appellant, that under section 14 of the hindu succession act, the deceased banubai had become the absolute owner of the suit property when she made the will on october 30, 1961; and the adoption having taken place, on november 24, 1961, after the hindu adoptions and maintenance act, came into force, the adopted son, defendant no. 1, could not divest banubai of ..... tendency, in a case of great importance, sree brijbhookunjee maharaj v. sree gookooloot-saojee maharaj, reported in 1 borr 181 , the opinion of the pandits was that 'when a relation is to be adopted, no obstacle exists on account of his being of mature age, married, and having a family, provided he possesses common ability, and is beloved by the person ..... by chandrappa by practising fraud on banubai, in her absence. in this respect, banubai had herself sent a notice to chandrappa complaining about the fraud practised by him on her. when she was confronted with these statements made in the r. t. s. proceedings, in the present suit, she denied having made such a statement.10. secondly, a perusal of .....

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Mar 24 1976 (HC)

Govindrao Ranoji Musale Vs. Sou. Anandibai and anr.

Court : Mumbai

Decided on : Mar-24-1976

Reported in : AIR1976Bom433; (1977)79BOMLR73; 1977MhLJ144

..... a suit, being regular civil suit no. 1 gave a notice to the appellant and demanded maintenance and thereafter filed a suit, being regular civil suit no. 204 of 1970, in forma pauperis, for maintenance under the provisions of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as 'the act of 1956'). the appellant resisted the suit and, inter alia, disputed the factum of marriage and status ..... by the legislature needed amelioration. it was with this end in view that certain rights were conferred on hindu women by the hindu marriage act as well as certain other measures, like the act of 1956. when construing such a piece of legislation it would not be right to adopt a narrow pedantic approach. on the other hand, if the court desires to gather the legislative intention ..... , it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.' the material portion of section 23 runs as follows: '(1) in any proceeding under this act, whether defended or not, if the court is satisfied that--- (a) any of the grounds for granting relief exists ..... . nor can it be said that tenneco that she entered into this marriage, because for several years she stayed with the appellant and respondent no. 2. and it was only when she was derive out in march 1963, that she went to live separately with her parents. in view of these circumstances. i do not see any reason to hold that .....

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Jul 07 1976 (HC)

Commissioner of Gift-tax Vs. Ch. Chandrasekhara Reddy

Court : Andhra Pradesh

Decided on : Jul-07-1976

Reported in : [1976]105ITR849(AP)

..... authorities was disputed. 4. the appellate tribunal considered the liability of a hindu to maintain his children as provided under sub-section (1) of section 20 of the hindu adoptions and maintenance act, 1956, and held that the assessee was under an obligation, both under the general hindu law as well as under the hindu adoptions and maintenance act, to get his daughter married in a manner befitting his status and ..... marriage and it appears to us that when the legislature enacted in section 3(b)(ii) of the hindu adoptions and maintenance act that reasonableexpenses of and incident to her marriage amour to maintenance, it was merely re-enacting the position which prevailed under the general hindu law. therefore, both under the hindu adoptions and maintenance act as well as under the general hindu law, the father is under an obligation ..... obligation which the assessee owed to his daughter. the tribunal also found that the transfer of 10 acres and 54 cents of land out of the total extent of 27 acres and odd, which the assesseegot on partition, was a reasonable provision for his only daughter's marriage and the same was not without consideration and did not ..... and before the appellate assistant commissioner it was contended on his behalf that he had got 27 acres of wet land on a partition between himself, his brother and his father on august 29, 1957, and that his correct status was that of hindu undivided family, though due to ignorance of law, he erroneously declared his status as an .....

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Dec 21 1976 (HC)

Balkrishna Raghunath Gharat Vs. Sadashiv Hiru Gharat

Court : Mumbai

Decided on : Dec-21-1976

Reported in : AIR1977Bom412

..... . three principal questions were raised before the division bench, and they are: (1) whether, in view of the provisions of ss. 4 and 10(iv) read with section 3(a) of the hindu adoptions and maintenance act, 1956, it is open to the first defendant to prove that there was a custom or usage applicable to the parties which permitted persons who were over the age ..... customs or usages seem to have no effect with respect to any matter for which provision is made in the act. when we read section 4 with section 10, the only interpretation admissible is that if any text or rule or interpretation of hindu law permitted adoption of boys over 15 years in age, they will not have any effect unless a specific provision wag made ..... maintained by the samaj. the various documents referred to by him were handed over to the secretary who was then in charge of the affairs of the association, but no register was ever maintained. prabhakar surekar (d. w. 2) who claims to have been adopted by one radhabai balkrishna in 1961, speaks to his age being 31 years at the dale of ..... the learned advocate appearing for the appellant who sponsored the view, that the adoption of a married person is invalid under the hindu law, it seems that he relied upon certain texts like dattaka chandrika section ii, para 25 (b), t. l. strange's manual of hindu law para 104, page 27 and other compilations of english authors, he drew the attention of the court .....

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Apr 06 1976 (HC)

indar Mal Vs. Babulal

Court : Rajasthan

Decided on : Apr-06-1976

Reported in : 1976WLN104

..... consideration the cases of g. appanna v. g. seethama : air1972ap62 , jain v. jain : air1968cal405 and abdul rebman v. tajunnissa begum : air1953mad420 .14. section 20 of the hindu adoptions and maintenance act, 1956 reads as under:20. (1) subject to the provisions of this section a hindu is bound, during his or her life time, to maintain his or her legitimate or illegitimate children and his or her aged ..... -respondent, it was contended that the learned trial court did not act illegally or with material irregularity in invoking its power for grant of interim maintenance by way of relief when the circumstances of the case so warranted it was also contended that the defendant-applicant has executed a registered adoption deed in favor of the plaintiff-respondent and that the execution of ..... rs. 100/- p.m. from the date of the institution of the suit, i.e. december 11, 1973 to july 15, 1974 when the plaintiff became major. it is against this order of grant of interim maintenance that the defendant-applicant has filed the present revision petition.3. it was contended on behalf of the defendant-applicant that the grant of ..... vary status as such has been challenged; especially when such an order for in emir relief is not in aid of the suit. it has been strenuously argued by the learned counsel for the defendant-applicant that there is no provision for grant of interim maintenance to a minor in the hindu adoptions and maintenance act, 1956.18. if there is no provision of law permitting .....

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Nov 17 1976 (HC)

Ramchandra Behera and ors. Vs. Smt. Snehalata Dei

Court : Orissa

Decided on : Nov-17-1976

Reported in : AIR1977Ori96

..... case (air 1972 andh pra 62) examined the selfsame question of grant of interim maintenance with reference to the provisions of section 18 of the hindu adoptions and maintenance, act and section 151 of the code of civil procedure. dealing with section 18 of the hindu adoptions and maintenance act, the court observed:--'section 18 merely clothes a hindu wife with the right to be maintained by her husband. it may be more ..... right is in dispute. the court has no power unless statute expressly confers such a power on it. for example a power to award maintenance pendente lite is expressly conferred by section 24 of the hindu marriage act. the hindu adoptions and maintenance act does not contain a similar provision. ray and mukherjea, jj. (air 1968 cal 567) expressed the same view as datta, j., on appeal. ..... the plaintiff is able to obtain a decree of declaration that the decrees are bad and not binding on her. on this footing, it must follow that on the date when the plaintiff sued in the court of the subordinate judge, keonjhar, there was no subsisting marital relationship between her and the defendant no. 1. plaintiff in her pleadings has ..... be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.' mr. murty for the husband claims and mr. mohanty for the divorced wife does not dispute that the application contemplated under section 25(1) of the act lies to the court which passed the decree. admittedly the decree was passed by .....

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Apr 06 1976 (HC)

indar Mal Vs. Babu Lal

Court : Rajasthan

Decided on : Apr-06-1976

Reported in : AIR1977Raj160

..... 1972 andh pra 62); jain v. jain, (air 1968 cal 405) and abdul rahman v. tajunnissa begum, (air 1953 mad 420).14. section 20 of the hindu adoptions and maintenance act, 1956 reads as under:--'20. (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 aged or ..... plaintiff-respondent, it was contended that the learned trial court did not act illegally or with material irregularity in invoking its power for grant of interim maintenance by way of relief when the circumstances of the case so warranted. it was also contended that the defendant-applicant has executed a registered adoption deed in favour of the plaintiff-respondent and that the execution of ..... rs. 100/- p. m. from the date of the institution of the suit, i. e. december 11, 1973 to july 15, 1974 when the plaintiff became major. it is against this order of grant of interim maintenance that the defendant-applicant has filed the present revision petition.3. it was contended on behalf of the defendant-applicant that the grant of interim ..... very status as such has been challenged, especially when such an order for interim relief is not 'an act in aid of the suit'. it has been strenuously argued by the learned counsel for the defendant-applicant that there is no provision for grant of interim maintenance to a minor in the hindu adoptions and maintenance act, 1956.18. if there is no provision of law permitting the .....

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Aug 20 1976 (HC)

Sm. Sankaribala Dutta Vs. Sm. Asita Barani Dasi and ors.

Court : Kolkata

Decided on : Aug-20-1976

Reported in : AIR1977Cal289

..... of husband's estate is conditional upon her leading a life of chastity and she may forfeit such maintenance on her remarriage under the provision of section 2 of the hindu widow's remarriage act, 1856 or section 22 read with section 21(iii) of hindu adoption and maintenance act, 1956. but the interest by way of life estate created by a grant as now under consideration must be distinguished from ..... read in it a limitation as contended for by mr. mukherji. 15. mr. mukherji next contended that the gift was meant for widow's maintenance and when a widow forfeits her maintenance from the husband's estate under the hindu law by remarrying or by becoming unchaste, defendant no. 1 must be deemed to have forfeited 'a' schedule properties on her remarrying defendant no ..... in the 'a' schedule properties. the learned judge further held that subsequent unchastity being no ground for divesting and it being nobody's case that defendant no. 1 became unchaste when the succession opened or before it, subsequent unchastity though admitted would not divest her of the properties of either of the two schedules. on the findings as aforesaid the learned .....

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Nov 22 1976 (HC)

Animuthu Vs. Gandhiammal and anr.

Court : Chennai

Decided on : Nov-22-1976

Reported in : AIR1977Mad372

..... reasonable and accordingly the suit was decreed as prayed for.2. in this second appeal the learned counsel for the appellant contended that after the hindu succession act, 1956 and the hindu adoptions and maintenance act, 1956 (hereinafter called the act), the first plaintiff widow is entitled to claim a share in the joint family properties as heir of deceased raghavan and that she is not entitled to claim ..... to in s. 22(1) in such a case would be the heirs under s. 8 of the hindu succession act, 1956, which includes the father of the deceased that is the father-in-law of the widow. the estate of the deceased in that section would include his separate and self acquired property as well as his interest in the coparcenary properties and ..... testamentary or intestate succession any share in the estate of the deceased the dependant shall be entitled to maintenance from those who take the estate. section 19, according to the learned advocate general, is the provision relating to the right of a hindu widow to claim maintenance from her father-in-law. it might be that even under s. 22, as a person who ..... to the provisions of cl. (2) of that section. that sub-clause provides that the dependent shall be entitled to maintenance from those who take the estate only when the dependant has not obtained by testamentary or intestate succession any share in the estate of the deceased. under s. 30 of the hindu succession act, a hindu is not only entitled to dispose of by will .....

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Apr 29 1976 (SC)

Commissioner of Wealth Tax, Madras and ors. Vs. Late R. Sridharan by L ...

Court : Supreme Court of India

Decided on : Apr-29-1976

Reported in : [1976]104ITR436(SC); (1976)4SCC489; [1976]SuppSCR478; 1976(8)LC668(SC)

..... other persons. according to explanation (b) to section 2(1) of the hindu succession act, 1956, hindu adoption and maintenance act, 1956 and hindu marriage act, 1955 as also according to explanation (ii) to section 3(1) of the hindu minority and guardianship act, 1956, any child legitimate or illegitimate, one of whose parents is a hindu by religion and who is brought up as a hindu is a hindu.23. in the present case, sridharan is a ..... family of sridharan and his son which could claim to be taxed as hindu undivided family.3. thereafter 011 the applications made by sridharan under section 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 referred the following common question of law arising from its aforesaid decision for ..... the religious rites of expiation and repentance. or even without a formal ritual of reconversion when he was recognised as a hindu by his community; (vi) to sons of hindu dancing girls of the naik caste converted to mahomedanism, where the sons are taken into the family of the hindu grandparents and are brought up as hindus; (vii) to brahmos; to arya samajists; arid .....

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