Court : Madhya Pradesh
Decided on : Nov-24-1983
Reported in : AIR1984MP102
..... plea taken for the first time cannot be taken into consideration. relving on the provisions of section 27 of the hindu adoptions and maintenance act. 1956 which provides that a defendant's claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof. unless one has been created by the will of the deceased by a decree of court, ..... hindu, whether acquired before or after the commencement of this act. shall be held by her as full owner thereof ..... mentioned in schedules a. b and c annexed to the plaint were given to roopa bai who continued to be in exclusive possession therfeof even when the hindu succession act came into force. therefore, even though roopa bai had a right of maintenance against the propertv she had a limited interest in the suit properties prior to the coming into force of the ..... then she had been enjoying the usufruct thereof in lieu of her right of maintenance and thus she continued to be in exclusive possession of all the suit properties when the hindu succession act. 1956 came into force on 17th june. 1956. section 14 of the said act is as follows:--'property of a female hindu to be her absolute property.' 14 (1) any property possessed by a female .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-25-1983
Reported in : (1984)38CTR(AP)33; 146ITR445(AP)
..... alive and continued to enjoy the right of maintenance out of the joint family properties and hence when the 2nd plaintiff was adopted by bhagirath's widow, sitabai, the adopted son become a coparcener of dulichand in the said properties. the surpeme court then considered ss. 5 to 12 of the hindu adoptions and maintenance act, 1956, and observed that the adoption of a child brings about a total severance ..... by virtue of s. 14 of the hindu successions act, made an adoption after the coming into force of the hindu adoptions and maintenance act, 1956, and thereafter claimed that she must be assessed as an huf. this claim was negatived by the w.t. authorities as well as the tribunal. on a reference, the patna high court held that when the widow adopted the boy - and she had an ..... and the indian high courts and also the provisions of the hidnu succession act, the learned judges observed as follows (p. 439) : 'the hindu succession act has introduced far-reaching changes in the structure of the hindu law of inheritance and succession, and a hindu widow by virtue of section 14 of that act, may become a 'fresh stock of descent', but as she has become ..... jeevan reddy, j. 1. the question referred for our opinion under s. 27(1) of the w.t. act, 1957, is : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the status of the assessee is that of hindu undivided family for the purpose of wealth-tax ?' 2. the assessee, smt. t. yasodamma, .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-20-1983
Reported in : AIR1983Bom391; 1983(85)ARBLR304(Bom); 1983MhLJ379
..... was applicable to the parties. referring to this evidence nain, j. observed (pare 99):'. ... ... 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 the evidence would be sufficient to establish a usage. however, this sufficiency of evidence for establishing ..... have been enacted and, therefore, would take a boy of over 15 years of age or a married person in adoption when as they had known people around them having done so and in some cases when they themselves had probably been taken in adoption in this fashion. in such cases, for people suddenly to find the question of succession not only in their ..... by us.) thus, according to mayne, commentaries and digests were books which modified and supplemented the rules in the smrities, which themselves were based upon usages prevailing at the time when the smrities amendment to be written, partly by means of the reasoning of the authors themselves and partly in the light of the usages which had subsequently grown up. it ..... is filed against the judgment and decree in first appeal of the district judge, nanded, from the decree in a suit decided by the joint civil judge. junior division, nanded. when this second appeal reached hearing before masodkar, j., in view of the fact that an earlier second appeal being second appeal no. 619 of 1`971 in which an identical .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-08-1983
Reported in : AIR1983Bom235; 1984(1)BomCR222
..... march 1982..14. the present petition has been filed under section 18 sub-section (1) and sub-section (2) (b) of the hindu adoptions and maintenance act, 1956. section 18 sub-sections (1) and (2) (b) are in the following terms:--'section 18(1) -- subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during ..... to bombay and reached her parents' place on 29th may 1980. on reaching bombay, the petitioner lodged a n. c. complaint with the gamdevi police station against respondent no. 1 charging him with assault.8. the petitioner has also stated that on 17th july 1980, one r. t. suchak, administration income-tax practitioner at kalyan addressed a letter to her forwarding ..... authority :--'a suit on a contract can be instituted in the court which has territorial jurisdiction over the place where the contract has to be performed. on the principle that when the creditor is residing in the realm, the debtor must follow the creditor unless there is a different contract between them, the place of performance must be taken to be ..... petitioner a sum of rs. 5,000/- per month from the date of the petition; thirdly, the petitioner prays for a decree against the respondent for the sum of rs. 27,528/- together with interest thereon at the rate of 18 percent per annum from 21-10-1979 till payment; fourthly the petitioner has prayed that respondents nos. 1 to 5 .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-07-1983
Reported in : AIR1983Bom489; 1983(85)ARBLR291(Bom)
..... this contention that such a right is not conferred either under section 18 or section 20 or that section 151, c. p. c., cannot be called in aid.8. adverting firstly to section 18, hindu adoptions ahd maintenance act, and analysing the section, it would be clear that sub-section (1) confers an absolute right upon the hindu wife to maintenance by her husband during her lifetime. this right is controlled and ..... subject only to sub-section (3) and that is where the wife is unchaste or ceases to be ..... , by relying upon a decision in appanna v. seethamma (reported in : air1972ap62 ) and also upon the provisions of hindu adoptions and maintenance act. he also relied upon the circumstances that section 151, c. p. c., is not a section which confers any substantive rights upon the parties. section 151 is merely a handmaid to the procedural law contained in the code of civil procedure for the purposes .....Tag this Judgment!
Court : Chennai
Decided on : Mar-26-1983
Reported in : 153ITR390(Mad)
..... . it is not possible for us to accept the said contention. the rule of hindu law that when a hindu enters into a religious order, his connection with the members of his natural family stands severed, cannot be said to have been abrogated by the provisions of the hindu adoptions and maintenance act, 1956. this is because that rule is not one which is inconsistent with any of ..... the provisions of the hindu adoptions and maintenance act, nor is there any provision in the said act touching on the above question. therefore, the overall effect of s. 4 of the hindu adoption and maintenance act does not come into play. further, the provisions ..... , presided over by ascetics or sanyasis who had renounced the world. thus an ascetic who originally owned little or property came to own the matam under his charge and its endowment, in trust for the maintenance of the mutt and for the purpose of religious and other charities in connection therewith. 12. in kondal row v. iswara sanyasi  33 mlj 63 .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-04-1983
Reported in : AIR1984All44
..... ) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned ..... conditions contained in earlier part of the act. clause (vi) of section 11 of the act provides as under:--'(vi ..... evidenced by a duly executed and registered deed of adoption, the courts below were bound to hold that the appellant was the adopted son of ram ratan. this submission has to be examined in the light of the provisions contained in the hindu adoptions and maintenance act, 1956.7. section 11 of the act lays down the conditions for a valid adoption. these conditions are in addition to other relevant .....Tag this Judgment!
Court : Kolkata
Decided on : May-10-1983
Reported in : AIR1984Cal49,87CWN840
..... to separate residence and maintenance act (since repealed). in this view we accept the contention of mr. chatterjee that upon the plaint case itself the ..... its codification under the hindu adoption and maintenance act, but in our opinion, these decisions cannot be distinguished on that ground because the hindu adoption and maintenance act only granted statutory recognition to what otherwise was the law applicable to the hindus. the character of the liability has not materially changed when it had been incorporated in section 18 of the hindu adoption and maintenance act corresponding to section 2 of hindu married women's rights ..... arises on her marriage to the defendant/husband. her further right to claim such maintenance by way of a separate maintenance arises as and when she proves desertion by the husband as one of the grounds specified in section 18(2) of the hindu adoption and maintenance act. therefore, in order to be entitled to a judgment of the court on her claim she has to establish her .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-05-1983
Reported in : AIR1984Kant41
..... living with nanjamanni in his house from 20-3-1974 treating her as his wife.7. now itself it may be stated that section 18(2)(e) of the hindu adoptions and maintenance act, 1956 (the act) confers a right on the wife to claim maintenance while living separately from her husband 'if he keeps a concubine in the same house in which his wife is living or ..... compensation subbegowda preferred r. a. no. 96 of 1979 and not being satisfied with the quantum of maintenance and the insufficiency of the charge, the plaintiffs preferred r. s. no. 97 of 1979. the learned civil judge allowed both the appeals in part. re: maintenance he awarded at the rate of rs. 100/- per month from the date of suit during the lifetime ..... of the defendant d. ws. 1 and 2 gave evidence. considering the oral evidence the munsiff says that 'the evidence of d. w. 1, the defendant and d. w. 2, when they say that defendant has not taken any second wife, cannot be accepted on the face of positive evidence of p. ws. 1, 2, 4 and 6'. he further observes ..... issue); (ii) whether be had taken nanjamanni as his 2nd wife (additional issue); and (iii) whether the plaintiffs were entitled to maintenance and if so at what rate and in case the same is awarded, has there to be a charge on the suit properties?6. on the question of cruelty the munsiff held that 'the evidence adduced by the plaintiff is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-30-1983
Reported in : AIR1984P& H40
..... the motion hearing, the learned counsel cited sodagar singh v. shrimati harbhajan kaur, (1977) 79 punj lr 506 to contend that the hindu adoptions and maintenance act. 1956. did not authorise the passing of any order for the payment of litigation expenses and maintenance allowance pendent lite. the learned counsel for the respondent has cited a division bench judgment of this court in puran singh v ..... stage, that is, during the pendency of the application, no relief by way of interim maintenance to the respondent was possible. the learned counsel for the respondent cited smt. gian devi ..... by the plaintiff-respondent has not been registered as yet because the application for permission to sue in forma pauperis was still pending when the impugned order was passed. thus argued the learned counsel, no relief of interim maintenance could be granted at least at that stage in support of the contention, the learned counsel relied upon mohan singh v. mohinder kaur ..... , 1977 hindu lr 268, wherein it was held that it was not at all in doubt that the application for leave to sue in forma pauperis was as yet merely pending trial when the order under revision was passed and that it was, therefore, plain that at that .....Tag this Judgment!