Court : Chennai
Decided on : Aug-03-1978
Reported in : AIR1980Mad82
..... a person's right to maintenance on a charge of the properties of another person may be enforced even against a transferee from that person, where the transfer was gratuitous. a similar provision, it may be mentioned, is also found in section 28 of the hindu adoptions and maintenance act, 1956. but mr. hadi's point was that sec. 39 of the t. p. act, had no application where the ..... law should not attempt to put their own construction on the quran nor give any effect to new rules of law, however logically they may be deducible from ancient texts, when they have not been dealt with earlier by authoritative commentators.23. 1 bow to, the caution administered by the privy council and by mr. hadi as a salutary one. but ..... right to maintenance in a muslim household always attaches to the father's property ..... far from, but more or less accords with, the principle on which section 39 of the t. p. act had been enacted.27. at the end of the discussion i am quite satisfied that under the mohammedan law, minor children are entitled to have a decree for their maintenance made a proper charge on the property of the father. i hold that the children's .....Tag this Judgment!
Court : Chennai
Decided on : Aug-03-1978
Reported in : (1979)2MLJ199
..... a person's right to maintenance on a charge of the properties of another person may be enforced even against a transforce from that person, where transfer was gratutous. a similar provision, it may be mentioned, is also found in section 20 of the hindu adoptions and maintenance act, 1956. but mr. hadi's point was that section 39 of the transfer of property act, had no application where the ..... that rules of mohamedan law cannot be affected or overridden by section ..... law should not attempt to put their own construction on the quran nor give any effect to new rules of law, however logically they may be deducible from ancient texts, when they have not been dealt with earlier by authoritative commentators.24. i bow to the caution administered by the privy council and by mr. hadi as a salutary one. but ..... courts have to administer rules of mohamedan law.27. this contention has to be accepted on the basis of section 2 of the transfer of property act. the effect of that saving provision is .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-11-1978
Reported in : 126ITR185(KAR); 126ITR185(Karn)
..... the jahgirdar of yelandur. sub-section (4), however, provided that the succession to the said jahgirdar except in so far as otherwise provided in the act be regulated by ordinary rules governing the hindu law of inheritance and adoption of mysore. the succession to ..... to the said jahgirdar, and it is deemed expedient to remove such doubts and to make adequate provision for the maintenance of the dignity of the head of the family of the said dewan purnaiya and for the support of the ..... mysore regarding the manner in which the jahgirdar in question should be enjoyed by the descendants of dewan purnaiya. ultimately, when it was felt that it was advisable to make a law in relation to the administration, management and enjoyment of ..... duty proceedings consequent on the death of one nagaraja rao purnaiya (hereinafter referred to as the 'deceased') who died on april 27, 1960. the estate duty return was filed by the legal representatives of the deceased, namely, raghavendra rao purnaiya, malathi purnaiya ..... the jahgirdar of yelandur, for the time being, to encumber, charge, or in any manner alienate the said jahgirdar or any part thereof by act inter vivos or by testamentary dispositions. sub-section (2) defined the family of dewan purnaiya as comprising and ..... grant and till the year 1956 during which year, a notification dated october 2, 1956 was issued by the state government in exercise of its powers under sub-s. (1) of s. 3 of the inams abolition act. the notification had the effect .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-10-1978
Reported in : AIR1979Bom181; (1980)82BOMLR388; 1979MhLJ133
..... principal defence of the defendant was that there was no ante-adoption agreement. banabai challenged the adoption also and contended that the adoption will have only such effect as flows from the provisions of the hindu adoptions and maintenance act, 1956. she contended that she has become the absolute owner of the property under section 14' of! the hindu succession act on the death of bhoraji and, therefore, the plaintiff has ..... no right to claim the property. as regards the land section no. 13/1, she stated that she was entitled to sell ..... learned judge has laid wrong emphasis on the phrase 'by or to' as contained in sub-section (1) of section 5. in our opinion, the true effect of the provisions in sub-section (vi) of section 11 and section 12 of the act is that, when either of the spouses adopts a child, all the ties of the child in the family of his or her birth become ..... -adoption agreement by which power to transfer and dispose of those properties by banabai was in any way controlled or agreed upon. consequently, it cannot be held that banabai could not sell the property or transfer it during her lifetime in favour of any person. if that is so, the sale in favour of defendant ragho will have to be upheld.27 .....Tag this Judgment!
Court : Chennai
Decided on : Apr-26-1978
Reported in : AIR1979Mad200
..... the first plaintiff is not entitled to a charge on her husband's property and if that is so then the right to maintenance cannot be enforced against the property that had been gifted to the second defendant by the first defendant under ex. b-6. according to learned counsel. section 28 of the hindu adoptions and maintenance act could not be availed of by the first ..... on 4-7-1974. the appellants have filed the invitation for the marriage of second plaintiff, with in application to receive the same as additional evidence under o. 41 r. 27 c.p.c. the learned counsel for the respondents also does not object to the said additional document being received in evidence. i therefore allow c.m.p. no. 1729 ..... it, for the husband is bound to support her, though he should have no property at all. it is rather a latent right coming into operation only when natural affection which usually prompts the mutual acts of members of families, fails of its proper effect, and law has to step in with its rigid rules and imperfect remedies. unless she be deserted ..... sentence rejected the claim of the wife by stating that it cannot be said of the plaintiffs that they have got a right to receive maintenance from the profits of immovable property. but, viswanatha sastri, j. in 1956 awr 1021: air 1957 a.p. 710 gave a considered and elaborate treatment to the subject. after considering the different aspects he summarised his .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-03-1978
Reported in : 116ITR739(AP)
..... accountable person, strenuously contended that the authorities below were in error in construing the expression 'lineal descendant' as equivalent to a coparcener and importing the fiction introduced in section 12 of the hindu adoptions and maintenance act for the purpose of construing the expression 'lineal descendant'. our answerto the question referred will depend upon the interpretation we give to the expression ' lineal descendant' occurring ..... his father actually living, it would be a hardship on the boy to treat him as an orphan, merely because the father has gone in adoption. usually when the father is adopted, his pre-born sons are still minors, and in practice they go with their father to live with him, though legally they are held to have remained in the ..... to him, provides for certain fictions and relied upon the fiction introduced in section 2(15a) of the i.t. act, section 4, explanation (aa) of the w.t. act, and section 27(7)(ii) of the e.d. act. he cited in support of his contention, that legal fiction introduced in one act for one purpose cannot be extended to another statute for another purpose, the ..... agree with mr. sastry that the fiction created in section 12 or section 15 is being imported into the provisions of the ed act. it may be seen that the ed act under section 27(7)(ii) refers to children. it says : 'in this section, reference to 'children' and 'issue' include reference to illegitimate children and to adopted children.'20. what the learned counsel for the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-09-1978
Reported in : 14(1978)DLT23; 1978RLR581
..... ) these two revision petitions are directedagainst a common order of the additional district judge, delhi, granting interim maintenance to the wife and minor child of the petitioner,during the pendency of their claims for maintenance, under sections 18 and 20 respectively of the hindu adoptions and maintenance act.1956, for short, the act.(2) the impugned order is assailed on two grounds, namely :- (1)that there was no jurisdiction ..... that obtains under section 20 of the act.(6) in the case of a wife, sub-section (1) of section 18 appearsto confer an unfettered right to maintenance and the phraseology ofthis sub-section indicates that this right is limited to maintenance within the matrimonial home. this right is also subject to the provisions ofthe section and a reference to sub-section (2) of section 18 indicates that when it comes ..... concerned, there is somein the contention raised on behalf of the petitioner that themaintenance had been awarded without a finding that the witprima facie case. this difficulty is, however, resolved when one looksat the totality of the circumstances. according to the wife,compelled to leave the matrimonial home and the maintenenance istherefore, sought on the-ground either of desertion or ofwhile .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1978
Reported in : AIR1978SC1051; (1978)3SCC55; 3SCR520; 1978(10)LC312(SC)
..... guardianship among hindus and the hindu adoptions and maintenance act, 1956 has codified the law of adoption and maintenance. the codified law has made several changes in the law of adoption. with the passing of the hindu succession act, 1956, sons and daughters are treated equally in the matter of succession. equality in status is recognised in the matter of adoptions also. the hindu adoptions and maintenance act, 1956, provides for adoption of boys as well as ..... joint family it is necessary that the widow should consult the elders in the husband's family particularly the father of the husband who is her venerable protector, but when the family is divided the duty of the widow is to consult the agnates of the husband at the first instance. if the consent by the nearer agnates is ..... exclude adopted son and his descendants. in tirupathi naicker and anr. v. venkatasubba naicker and anr.  28 l.w 819 a bench of the madras high court ..... that the word 'putra' is confined only to children born of the body ramathilakam ammal. hindu law has recognised the institution of adoption and once a boy is adopted validly he for all purposes is recognised as the son. we do not sec any justification for excluding an adopted son from the term 'putra'. neither are we satisfied that the term 'santhathies' would .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-1978
Reported in : AIR1979Cal172,82CWN1130
..... behalf of the appellant, for those are findings of fact. mr. subrata nayak, learned advocate appearing on behalf of the appellant has, however, urged that in view of section 19(2) of the hindu adoptions and maintenance act, 1956, the respondent is not entitled to any maintenance from her father-in-law, the appellant. before we consider the said contention, it may be stated that under the ..... hindu law the obligation of the father-in-law to maintain his widowed daughter-in-law is a moral obligation which cannot be enforced in case the father-in- ..... a mitakshara father-in-law is not without reason. it is clear from the provision of sub-section (2) that in enacting that sub-section the legislature had in its mind the provision of section 6 of hindu succession act, 1956. section 6 inter alia provides that when a male hindu dies having at the time of his death an interest in the mitakshara coparcenary property and leaving behind ..... the appellant on account of her accommodation. the respondent's claim for arrears of maintenance has also been decreed in part to the extent of rs. 480/-. the properties mentioned in schedule 'b' to the plaint have been charged for the amounts decreed. the lower appellate court has also affirmed the findings and the decree of the trial court.3. the .....Tag this Judgment!
Court : Allahabad
Decided on : May-19-1978
Reported in : AIR1979All24
..... and maintenance act, 1956. under this section a hindu wife whether married before or after the commencement of this act is entitled to be maintained after the death of her husband by her father-in-law. section 3 of the said act defines the word 'maintenance' including the right of residence. accordingly, s. d. bahuguna, who ..... section 3 (g) that an application under section 3 (sic) (section 21 (1) (a)?) can be filed by a landlord for the need of a family member relating to whom he is liable to maintain.4. for the purposes of finding out the liability of a father-in-law to maintain his daughter-in-law reference may be made to section 19 of the hindu adoptions ..... demolition and new construction for occupation by himself or any member of his family the release may be made to him. the word 'family' has been defined in section 3 (g) of the said act. 'family' in relation to a landlord or tenant of a building, means his or her;--(i) spouse,(ii) male lineal descendants,(iii) such parents, grand parent and ..... committed an error in holding that the need of a daughter-in-law could be a basis for an application filed under section 21 of u. p. act no. 13 of 1972.3. clause (a) of section 21 of u. p. act no. 13 of 1972 lays down that if a building is bona fide required by a landlord either in its existing form .....Tag this Judgment!