Court : Chennai
Decided on : Jan-23-1990
Reported in : I(1992)DMC149; 186ITR256(Mad)
..... properties owned by him separately on the date of his death have to be charged entirely to duty. on appeal by the accountable person before the appellate controller of estate duty, after referring to section 14 of the hindu sucession act, 1956, and section 12 of the hindu adoptions and maintenance act, 1956, and proviso (c) therein, it was held that the full ownership conferred ..... the lifetime of the sole surviving coparcener and it was in that context that the supreme court laid down that the scheme of sections 11 and 12 of the hindu adoptions and maintenance act, 1956, was that when the adoption took place, the adopted son became a coparcener with the then sole surviving coparcener and that after the death of that person, the ..... adopted son became the sole surviving coparcener. inasmuch as in the present case the adoption was not made during the lifetime of thirunavukkarasu chettiar, as in sitabai v. ..... 2scr1 , had not dealt with the rights of inheritance to the deceased adoptive father, when an adoption was made on the theory of relating back or even the consequences of adoption relating back to the properties vested in a widow under section 14 of the hindu succession act, 1956. ultimately, it was held that the widow inherited the properties as the heir of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-17-1990
Reported in : AIR1992AP1
..... for making reference to the date of settlement deed, we should clarify, is that had it been subsequent to the coming into force of the hindu adoptions and maintenance act, 1956, section 22 thereof would have clinched the issue.4. now, reverting back to the facts, it is during 1973 adi lakshmamma executed ex.b-4 ..... to the codification of the law is absolutely in consonance with the intendment of the legislature behind incorporating section 22 of the hindu adoptions and maintenance act, 1956. section 22 makes it mandatory for the heirs of a deceased hindu to maintain the dependants, one such being the widowed daughter, of the deceased out of the estate ..... . bai rukmini, (1899) ilr 23 bom 291, the statement of law of mayne that 'after marriage, her (meaning the daughter's) maintenance is a charge upon her husband's family, but if they are unable to support her, she must be provided for by the., family of her father.' ..... returns to live with her father or brother, there is a moral and social obligation, but not a legally enforceable right by which her maintenance can be claimed as a charge on her father's estate in the hands of his heirs.' (page 295).13. however, the same learned judge, ranede, j., ..... her father's family. (8th edn. p. 534).27. in view of the different texts cited and the case-law noted, we hold that a destitute widowed daughter has a right of maintenance against her brothers after the death of her father when she could not get sufficient provision from her deceased husband .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-27-1990
Reported in : (1991)93CTR(AP)202; 186ITR475(AP)
..... an obligation for maintenance can be charged by dependants like wife or daughters who are not coparceners. the right of a hindu wife to be maintained by her husband was recognised from ancient times. the law has not been altered so far. if at all, that obligation has been given statutory recognition by the provisions of section 18 of the hindu adoptions and maintenance act, 1956. this court had ..... (at page 197) : 38. the ownership of the dividing coparcener is such 'that female members of the family may have a right to maintenance out of it and, in some circumstances, to a charge for maintenance upon it'... that when a coparcener having a wife and two minor daughters and no son receives his share of the joint family properties on partition, such property ..... in the hands of two or more coparceners.' 8. the privy council, therefore, held that the character of joint family property which is paramount will revive when a coparcener comes into being either by birth or by adoption. 9. in gowli buddanna v. cit : 60itr293(sc) , the above decisions arose for consideration. the facts of the case were the following : a ..... family.' 27. the allahabad high court in prem kumar v. cit : 121itr347(all) , relying on the observations contained in krishna prasad's case  97 itr 493 , held that (at page 352) : 28. it has to be held that a hindu undivided family came into existence when the assessee married' and 'that we cannot read this decision (t. s. srinivasan's case .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-30-1990
Reported in : ILR1990KAR1339; 1990(3)KarLJ76
..... cases by the court of xix additional city civil judge ('the court of city civil judge'), bangalore, directing return of the applications filed by them under sub-section (4) of section 9 of the hindu adoptions and maintenance act, 1956 ('the act'), as per rule 10 of order vii of the code of civil procedure, 1908, at the same time requiring the petitioners to avail of the provision ..... permission of the court for giving in adoption a hindu child is only on a guardian and not other persons capable of giving in adoption referred to in section 9 of the act itself.the matters so brought out from the analysis of section 9 of the act if seen in the context of other provisions of the act bearing on adoption, the giving of a child referred to ..... in miscellaneous case no. 10078/89. as previous permission of the court was required to be obtained under sub-section (4) of section 9 of the act to give such children in adoption to any person/s, the first petitioner along with the intending adoptive parents filed the said applications in the court of city civil judge to obtain such permission and those applications had ..... parting, we may state that though it is open to the parliament to invest the family courts established under the family courts act with the jurisdiction to deal with a matter covered under sub-section (4) of section. 9 of the act, when such a thing has not yet been done, we cannot help holding that the family court has no jurisdiction to deal with .....Tag this Judgment!
Court : Chennai
Decided on : Jun-12-1990
Reported in : II(1994)DMC226
..... . their evidence has not been challenged with regard to adoption. it cannot be said that the plaintiff has not established the adoption by not examining the other persons who were present and the poojari who performed the adoption. under section 16 of the hindu adoptions and maintenance act, 1956, it is provided that whenever any document registered under ..... when the defendant takes possession of the office adversely to the plaintiff and the pariod prescribed is 12 years. the learned counsel for the respondent submitted that in the instant case the plaintiff filed o.a. no. 112 of 1977 under section 63(b) of the tamil nadu hindu religious and charitable endowments act, 1956 ..... that the imputation is intended to be made, and not to take his evidence and pass it by a matter altogether unchallenged and then, when it is impossible for him to explain, as perhaps he might have been able to do if such questions had been put to him, ..... entirety. such failure leads to miscarriage of justice first by springing surprises upon the party then he has finished the evidence of his witnesses and when he has further chance to meet the new case made which was never put and secondly, because such subsequent testimony has no chance of being ..... at trial and miscarriage of justice, because it gives notice to the other side of the actual case that was going to be made when the turn of the party on whose behalf the cross-examination is being made comes to give and lead evidence by producing witnesses. it has .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-10-1990
Reported in : AIR1992Kant95; ILR1990KAR3891
..... suit properties along with his adoptive mother the defendant, by virtue of his adoption. 4. though section 12 of the hindu adoption and maintenance act (for short 'the act') is to the effect that the adopted child shall be deemed to be child of his or her adoptive mother or father for all purposes, sub-section (c) of the said section is to the effect that the adopted child shall not divest any ..... position is the same if a1 had adopted a daughter instead of a son ..... the property of his deceased father, he would be practically in streets. it may be that the appellant is landed in such a situation on account of adoption made by the defendant. but when the position in law is crystal clear, there is no scope for this court to give any kind of relief to him except stating that he should try ..... . on a's death a1 had inherited the property as a hindu widow. on the coming into force of the hindu succession act, 1956, she held the property as absolute owner by operation of s. 14 of the act. a1 adopts the son b after the present act came into force. the effect of the adoption is not to divest any of the property vested in a1. the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-17-1990
Reported in : AIR1991Bom164; 1990(2)BomCR388; (1990)92BOMLR255; II(1990)DMC606
..... 1990. according to him, the obligation of the husband to maintain him ceased-on that day. reliance is placed on s. 20(2) of the hindu adoptions and maintenance act as also on the decision in the case of krishnakant raoji dalvi v. sadhana krishnakant dalvi in letters patent appeal no. 113 of 1983 with letter ..... the wife refused to cohabit, can she be held to be a guilty spouse? explanation to s. 13(1)(ib) provides as follows :--'in this sub-section, the expression 'desertion' means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the ..... filed the present petition on 1st august, 1982. 7. the husband has claimed divorce on two grounds namely cruelty and desertion. the gravamen of the charges levelled by the husband are that the wife refused to join him and his parents at wardha. she was guilty of racking quarrels on petty money matters ..... visit the wife for his meals. in may, 1979 the wife instead of accompanying the husband and the children to wardha accompanied pimplaskar to ahmedabad. when the andheri flat was practically ready, she chose to go and inspect the same in the company of pimplaskar in preference to the husband though the ..... would be the matrimonial home of the parties. according to him, it will be thehusband's house that will be the matrimonial home of the parties. 27. in my judgment, there is no merit in the aforesaid contention. in the present modern set up it can no longer be claimed that it .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-12-1990
Reported in : AIR1991MP286
..... counsel for the respondent that the perpetual and irrevocable licence has been created in favour of the defendant because of adoption. i do not agree with this contention, as it wouid be defeating the provisions of section 12(c) of the hindu adoption and maintenance act, 1956.18. learned counsel for the respondent has then submitted that the creation of licence is a question of fact ..... of hukumchand, stands divested in favour of the defendant to the extent of half share.14. section 12(b) and (c) of the hindu adoptions and maintenance act, 1956, is reproduced below for the sake of convenience--'12.....................(a)......................(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to (he obligations, if any, attaching to the ..... to the plaint.it is further alleged that the licence for occupation of 'kotha' was given to the defendant on the condition that he will vacate the same as and when required by the plaintiff. a notice terminating the licence was issued to the defendant. since he failed to vacate the suit property, the suit for possession of the 'kotha' ..... not to have been accepted. no doubt, it is true that absence of a registered document creates a suspicious circumstance but that is not sufficient to reject the same when cogent and reliable evidence is adduced by the defendant. in firm madhodass v. appaji raoji, air 1939 nagpur 221, the following observations have been made :--'no second appeal has .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-12-1990
Reported in : 94CWN849,I(1991)DMC465
..... wed lock. sometime in june 1985, the opposite parties nos. 1 and 2 presented the plaint of an intended suit under sections 18 and 20 of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as the act) against the petitioner and others for maintenance and other reliefs along with an application under order 33 rule 1 of the code of civil procedure (for short the code ..... and 2 made the application under section 151 of the code on june 5, 1985 in the pending misc. case no. 38 of 1985 praying for maintenance pendente iite. the learned trial judge directed the petitioner to pay rs. 22,500/- as maintenance pendente lite commencing from june 5, 1985, that is from the date when the application for maintenance pendente lite was filed. there ..... is, therefore, no force in the contention made by mr. mondal.11. mr. mondal has lastly submitted that in determining the amount of maintenance pendente lite, the learned trial judge did not take into consideration the provisions contained in section 23 of the act. it is submitted that no evidence .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-30-1990
Reported in : AIR1991Kant6; II(1990)DMC496
..... xix additional city civil judge ('the court of city civil judge'), bangalore, directing return of the applications filed by them under sub-s.(4) of s. 9 of the hindu adoptions and maintenance act, 1956 ('the act'), as per r.10 of o.vii of the code of civil procedure, 1908, at the same time requiring the petitioners to avail of the provision in r. 10 ..... parting, we may state that though it is open to the parliament to invest the family courts established under the family courts act with the jurisdiction to deal with a matter conversed under sub-section (4) of section 9 of the act,when such a thing has not yet been done,we cannot help holding that the family court has no jurisdiction to deal with ..... the previous permission of the court to any person including the guardian himself. (5) before granting permission to a guardian under sub-section (4),the court shall be satisfied that the adoption will be for the welfare of the child,due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the ..... the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2)subject to the provisions of sub-section (3)and sub-section(4)the father,if alive,shall alone have the right to give in adoption but such right shall not be exercised save with the consent of the mother unless the mother has .....Tag this Judgment!