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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Year: 2015 Page 3 of about 38 results (0.053 seconds)

Apr 29 2015 (HC)

Sanjay Kumar Bharti and Anr Vs. University Grants Commission and Anr

Court : Delhi

Decided on : Apr-29-2015

..... the reasons for rejecting the same. in respect of question no.47 of law paper iii, the expert committee had noted that according to sec. 6 of hindu minority and guardianship act, 1956, the answer key provided by ugc is correct."in my view, this also clearly addressed the representation with respect to the answer key to question no.47 of ..... ) (a) xxx ii (c) (a) (a) (b) ii (b) (b) (d) (d) iv (d) (d) (c) (c) xxx xxx xxx47 under section 6 of the hindu minority and guardianship act, 1956 the natural guardian of a minor child is (a) mother (b) father (c) both mother and father (d) either mother or father 48. a muslim wife can relinquish her mahr (a) when she ..... is minor (b) when she has attained the age of puberty (c) when she is not less than 18 years of age (d) when she ..... , the answer keys in respect of question nos. 47 and 48 of law paper iii were palpably erroneous. he states that the natural guardian of a minor would be both the mother and father and, therefore, the answer key which indicates answer (b), i.e. the father of a ..... minor to be the natural guardian, is erroneous. similarly, he contends that a muslim wife can relinquish her mahr when she attains the age of puberty. however, .....

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Apr 29 2015 (HC)

Abhishek Kumar Pandey Vs. Union of India and Ors.

Court : Delhi

Decided on : Apr-29-2015

..... the reasons for rejecting the same. in respect of question no.47 of law paper iii, the expert committee had noted that according to sec. 6 of hindu minority and guardianship act, 1956, the answer key provided by ugc is correct."in my view, this also clearly addressed the representation with respect to the answer key to question no.47 of ..... ) (a) xxx ii (c) (a) (a) (b) ii (b) (b) (d) (d) iv (d) (d) (c) (c) xxx xxx xxx47 under section 6 of the hindu minority and guardianship act, 1956 the natural guardian of a minor child is (a) mother (b) father (c) both mother and father (d) either mother or father 48. a muslim wife can relinquish her mahr (a) when she ..... is minor (b) when she has attained the age of puberty (c) when she is not less than 18 years of age (d) when she ..... , the answer keys in respect of question nos. 47 and 48 of law paper iii were palpably erroneous. he states that the natural guardian of a minor would be both the mother and father and, therefore, the answer key which indicates answer (b), i.e. the father of a ..... minor to be the natural guardian, is erroneous. similarly, he contends that a muslim wife can relinquish her mahr when she attains the age of puberty. however, .....

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Jul 31 2015 (HC)

Sreenivasagopalan Ananthakrishna Vs. Meenakshi Tripurari

Court : Mumbai Nagpur

Decided on : Jul-31-2015

..... paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. even the statutes, namely, the guardians and wards act, 1890 and the hindu minority and guardianship act, 1956 make it clear that the welfare of the child is a predominant consideration. in a matter of this nature, particularly, when the father and mother are fighting their ..... court under any law for the time being in force in respect of proceedings, inter alia as to proceedings in relation to guardianship of the person or custody of or access to any minor. under section 10(1) of the act of 1984, the family court is deemed to be a civil court and provisions of the code of civil procedure, 1908 are ..... required to be considered at the outset. under section 7 of the said act, power has been conferred on the court to make an order as to guardianship after being satisfied that the same would be for the welfare of the minor. the provisions of section 12 of the said act grant power to make an interlocutory order in the matter of production of ..... the minor and interim protection of person and property of the minor. section 12(1) of the said act reads thus: 12. power to .....

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Dec 22 2015 (HC)

S. Ashok Kumar Vs. State rep. by The Assistant Commissioner of Police ...

Court : Chennai

Decided on : Dec-22-2015

..... benefit and welfare of the child. 15. in surinder kaur sandhu (smt.) v. harbax singh sandhu, reported in (1984) 3 scc 698, this court held that section 6 of the hindu minority and guardianship act, 1956 constitutes father as a natural guardian of a minor son. however, that provision cannot supersede the paramount consideration as to what is conducive to the welfare of the ..... minor. 16. in mausami moitra ganguli v. jayant ganguli, jt reported in (2008) 6 sc 634, the hon'ble supreme court has held that the first and the paramount consideration is ..... act is towards the welfare of minor. in considering the question of welfare of minor, due regard has of course to be given to the right of the father as natural guardian but if the custody of the father cannot promote ..... be illegal." 13. in rosy jacob v. jacob a. chakramakkal, reported in (1973) 1 scc 840, the hon'ble apex court held that the object and purpose of the act is not merely the physical custody of the minor but for due protection of the rights of ward's health, maintenance and education. the power and duty of the court under the .....

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Aug 21 2015 (HC)

Raivathari Madhupati Singhania and Others Vs. Madhupati Vijaypat Singh ...

Court : Mumbai

Decided on : Aug-21-2015

..... kinds of assets by ownership and disposition, and each of these must, therefore, be considered separately. since ms. deshmukh places her case on a reading on the provisions of the hindu minority and guardianship act, 1956 ( hmga ?), it is necessary to summarize the claims. these are summarized in the following tabulation: sr nomofs clause-schedule-partdisposition in mofsplaintiffs claim1.cl. 5, sch. ii, part ..... of married girl the husband; 8. powers of natural guardian. (1) the natural guardian of a hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable, and proper for the benefit of the minor or for the realization, protection or benefit of the minor s estate; but the guardian can in no case bind the ..... v sridhar sutar (1996) 8 scc 54)specifically described the various provisions of this act as beads of the same string . in particular, it said, section 8 cannot be viewed in isolation. the law does not ordinarily contemplate a natural guardian of the undivided interest of a hindu minor in joint family property. consequently, prior permission of a court is not required for ..... hmga, there are other provisions of that act that demand attention, as mr. tulzapurkar and mr. dwarkadas point out. specifically, we are also concerned with sections 6(1), 8(2), 8(3), 8(4) and 12 of the hmga. these read: 6. natural guardians of a hindu minor. the natural guardians of a hindu minor, in respect of the minor s person as well as in .....

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Feb 27 2015 (SC)

Surya Vadanan Vs. State of Tamilnadu and Ors

Court : Supreme Court of India

Decided on : Feb-27-2015

..... a minor son, that provision cannot supersede the paramount consideration as to what is conducive to the welfare of the minor.[9]. the domestic court will consider the welfare of the child as of paramount importance and ..... court noted the following principles regarding custody of the minor children of the couple: the modern theory of the conflict of laws recognizes or at least prefers the jurisdiction of the state which has the most intimate contact with the issues arising in the case.[8]. even though section 6 of the hindu minority and guardianship act, 1956 constitutes the father as the natural guardian of ..... in coimbatore (tamil nadu) and have been staying there ever since.9. on 21st august, 2012 mayura prepared and signed a petition under section 13(1)(i-a) of the hindu marriage act, 1955[1]. seeking a divorce from surya. the petition was filed in the family court in coimbatore on 23rd august, 2012. we are told that an application for the ..... thereupon initiated proceedings before the high court of justice, family division, u.k. and on 26th november, 2008 the foreign court directed shilpa aggarwal, inter alia, to return the minor child to the jurisdiction of that foreign court. incidentally, the order passed by the foreign court is strikingly similar to the order passed by the foreign court subject matter of .....

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Apr 20 2015 (HC)

Ajay Pall Vs. Chanda Pall

Court : Delhi

Decided on : Apr-20-2015

..... shall continue to be with the father/petitioner herein.7. it has been contended by the learned counsel that according to section 6 of the hindu minority and guardianship act, 1956, the father is the natural guardian of an unmarried girl and the mother is the guardian after him. therefore, in view of the said legal ..... on the judicial side. the petitioner has to show to the court that there is jurisdictional error in the exercise of the powers by the guardianship judge or that there is impropriety or any patent illegality in the said exercise of power. there is no dispute about the fact that the ..... through the record.6. the contention of the learned counsel for the petitioner has been that the order dated 04.04.2012 passed by the learned guardianship judge is perverse in law, erroneous and disregarding the welfare of the child. for the purpose of supporting his submission, the learned counsel for the ..... senior civil judge as a guardian judge has decided the application of the respondent/mrs.chanda pall under section 12 of the guardians and wards act, 1890 ( the act for short) read with section 151 cpc for grant of interim custody of the child. this application was filed by mrs.chanda pall along ..... ; rather the keeping of the present petition pending before this court, the disposal of the main petition under section 25 of the guardians and wards act, 1890 gets diluted and further this court is being called upon from time to time to regulate the interim custody or the interim visits to be .....

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Aug 26 2015 (SC)

L.C. Hanumanthappa (Since Dead)represented by His Lrs. Vs. H.B.Shivaku ...

Court : Supreme Court of India

Decided on : Aug-26-2015

..... was taken for the said alienations. the question is, in such circumstances, are the alienations void or voidable?. in section 8(2) of the hindu minority and guardianship act, 1956, it is laid down, inter alia, that the natural guardian shall not, without previous permission of the court, transfer by sale any part of ..... the immoveable property of the minor. in sub-section (3) of the said section, it is specifically provided that any disposal of immoveable property by a natural ..... the basis of the suit as it stood before the amendment of the plaint was that the sale transactions made by laxmibai as guardian of the minors were ab initio void and, therefore, liable to be ignored. by introducing the prayer for setting aside the sale deeds the basis of the ..... guardian, in contravention of sub-section (2) is voidable at the instance of the minor or any person claiming under him. there is, therefore, little scope for doubt that the alienations made by laxmibai which are under challenge in the ..... owner in possession of the schedule property. if the declaration as sought is not granted the plaintiff who is the absolute owner from 05/05/1956 and enjoying the property as absolute owner thereof, will be put great loss and prejudice. on the other hand no hardship or prejudice will .....

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Sep 16 2015 (HC)

Shakuntala Bansidhar Gadekar Vs. Union of India, Through Secretary, Mi ...

Court : Mumbai Aurangabad

Decided on : Sep-16-2015

..... were enacted. the 81th law commission report, in view of subsequent enactment suggested to repeal the act of 1856, hence on 31st august, 1983, hindu widow s re-marriage act, 1856, was repealed. section 21 of the hindu adoption and maintenance act, 1956 define dependents. the learned counsel ..... contrary to hindu law. before the independence, the hindu widow s re-marriage act, 1856 was enacted as social re-formative statute giving right to remarriage to the widow, but section 2 of the said act takes away the rights of widow to the property of her deceased husband. however, thereafter, various acts like hindu succession act, hindu minority and guardianship act, hindu adoption and maintenance act etc. ..... of section 8 of the hindu succession act, 1956, provides the general rules of succession in the case of males. the said section reads as under: 8. general rules of succession in the case of ..... every six months. 8. upon careful scrutiny of the material placed on record, and in the light of the provisions of sections 8 and 14 of the hindu succession act, 1956, it cannot be said that, there is no rational reason behind giving the right of pension to the childless widow even after re-marriage. the provisions .....

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Feb 09 2015 (HC)

Darshana Gupta Vs. None and Another

Court : Rajasthan Jodhpur

Decided on : Feb-09-2015

..... unison with proforma respondent rajkiya balika garh/visheshak dattak garhn agency, bal adhikarita vibhag, under section 9 (4 and 5) of the hindu adoptions and maintenance act, 1956 (for short, act of 1956) read with section 41 of the act of 2000, to adopt a minor girl, priti, proved abortive inasmuch as the learned court below declined her prayer by citing embargo envisaged in clause (ii) of ..... also incorporated. facts were also pleaded in the application that the board of the proforma respondent found her entitled for adoption of minor girl priti w.e.f. 6th of june 2014 and since then priti is in custody and guardianship of the appellant. the requisite documents, pertaining to decision of the board dated 06.06.2014 as well as custody and ..... guardianship of the minor child, were also submitted before the learned court below. with all humility at her command, the appellant made endeavour to seek ..... declaration and permission from the learned court below for adopting the minor girl. for substantiating her intention to adopt minor girl priti, appellant also appeared in the witness box .....

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