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...Court for reversing the same. In support of his contention, he has also placed his reliance on the basic provision of section 10(4) of Hindu Adoptions ...taking into consideration sections 10 and 16 of the Act, has rightly set aside the judgment of the trial Court and decreed the suit of respondent No. 1 by holding him to be an adopted son...short “the Act”)-In continuation, he further said that according to such provision, the person, who is adopted, should be below fifteen years of age and undisputedly, the respondent No. 1 at...
...Section 10(4) of Hindu Adoptions and Maintenance Act, 1956 which came into force on 21.12.1956 the adopted son must not have complete...Section 16 of the Hindu Adoptions and Maintenance Act, 1956, the adoption deed must be signed b...requirements of Section 16 of the Hindu Adoptions and Maintenance Act, 1956 ...
...mentioned as 57 years by 1992 in which year the suit was instituted, if that is so, the first defendant was aged 21 years on the date of adoption. As per section 10(4) of Hindu ...was prior to coming into force of the Hindu Adoptions and Maintenance Act, 1956 w.e.f. 21.12.1956 ...Hindu Adoptions and Maintenance Act, 1956 and therefore, it is not valid. The trial Court was ...
...defendant was mentioned as 57 years by 1992 in which year the suit was instituted, if that is so, the first defendant was aged 21 years on the date of adoption. As per Section 10(4) of ...Section 16 of the Hindu Adoptions and Maintenance Act, 1956, the adoption deed must be signed b...Section 16 of the Hindu Adoptions and Maintenance Act, 1956 and therefore, it is not v...
...14.11.1975 by performance of Datta Homam and physical delivery of the petitioner to his adoptive parents.
4. Section 10(iv) of Hindu ...referred to Section 10(iv) of Hindu Adoptions and Maintenance Act 1956 and came to the conclusion that the adoption as per the adoption deed is not permissible ...deficit stamp duty and a sum of Rs.8,321/- towards additional registration fees on the ground that the adoption by adoption deed dated 16.06.2006 is contrary to Section 10(iv) of Hindu ...
...Sub-section (4) read with Section 10 of the Hindu Adoptions and Maintenance Act, ...custom let us examine the provisions of the Hindu Adoptions and Maintenance Act, 1956.
...contained in Chap. (II) of that enactment and that any adoption made in contravention of the said provisions shall be void. Section 4 provides for the overriding effect of the Act ...
...
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of the first respondent is shown to be 33 years and as such, as per sub-section 4 of Section 10...of Section 6 of the Act has been validly completed and at the stage of consideration of application under Order I Rule 10 of CPC as also enquiry under Order XXII Rule 5 ...adopted son and thereby should have dismissed the application in I.A.No.IV filed by him under Order I Rule 10 of CPC.
4. Per contra, Sri Mohd. Khader Khan, learned...
...the ground that the adopted son has completed 15 years and as per Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956, the same is barred.
...necessary for the
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second respondent to undertake such an exercise and refuse to register the...the second respondent in refusal check slip Number: RFL/jhjfhg;gl;o/95/2025, dated 21.10.2024, and quash the same and consequently directing the 2nd respondent to register the adoption deed of the...
....
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10. Section 11(vi) of the Hindu Adoptions and Maintenance Act, 1956...effect was got done as per Section 12 of the Act 1956, rather defendant No.1 carries name of his natural father and mother and not of the plaintiff and her husband late ....
11. As per Section 12 of the Act, 1956, on adoption, adoptee gets transplanted in adopting family with the same right as that of natural-born son. From the date ...
...wife and children cannot be ignored. 4/10 8. Section 18 of the Hindu Adoptions and Maintenance Act 1956 reads as follo..., AIR 1994 Mad 168. 9. As per Section 18 of the Hindu Adoptions and Maintenance Act, the 1s...provisions of the Hindu Adoptions and Marriage Act 1956, this Court is unable to find any infirmity or irregularity in the order passed by the Lower Court granting maintenance to the resp...
...commencement of this Act shall cease to apply to Hindus insofar as it is inconsistent with any of the provisions contained in this Act”.29. Section 10(4) of the ..., contrary to the provisions contained in the Act.28. Section 4 of the Hindu Adoptions and Maintenance Act, 1956 providing overriding effect ...; late S.R Shankamarayana Rao could not have created life estate in favour of defendant, who admittedly had pre-existing rights of maintenance, under Section 22 of the Hindu Adoptions ...
...than 15 years of age and that adoption was in violation of the provisions of Section 4 and 10 of ...provisions of Hindu Adoptions and Maintenance Act, 1956? 3. Whether presumption raise...at the time of adoption, therefore, he could not be validly adopted under the provisions of Section 10 of Hindu Adoption and Maintenance Act (...
...saved by Section 10(iv). I do not approve of the view taken by Nain J. insofar as he holds that not merely a custom, but even a rule of Hindu law prevailing in those territories would be expressly saved by...Section 6(iii) and Section 4(a), of the Hindu Adoptions and Maintenance Act, ...have been argued before us, and they are, (1) whether, in view of the provisions of Sections 4 and 10 (iv) read with section 3 (a) of the Hindu ...
...-section (4) of Section 9 of the Hindu Adoptions and Maintenance Act, 1956 ("the Act"), as per Rule 10 of Order VII ...and 3 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...with it by referring to the material provisions of the Act and the material provisions of the Family Courts Act bearing on the question.
4. Section 9 of 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 ...jurisdiction to deal with the applications under Section 9(4) of the Act filed by petitioner-1 along with other petitioners, we propose to deal with it by referring to the material provisions of the ...-section (5) thereof; and (vi) that the restriction placed under sub-section (4) in the matter of obtaining previous permission of the Court for giving in adoption a Hindu child is only o...
...of the Hindu Adoptions and Maintenance Act, 1956. The learned trial Court further recorded a finding that at the time of adoption, the age of Brijlal was more than 15 ye...receiving the child was performed.
9) Section 10 of the Hindu Adoptions and Maintenance Act, 1956 deals with persons who may be adopted ...married person and aged about 42 years at the time of adoption and the same is in contravention of Section 10(iii) of the Hindu Adoptions and ...
..., whether that by itself would amount to valid adoption is a moot point for consideration. Section 7 of the Hindu Adoptions and Maintenance Act, 1956 states that if male ...because there is no registered or unregistered deed of adoption. Section 16 of the Hindu Adoptions and Maintenance Act, 1956 contains the presumption in favour ...jurisdictional Tahsildar, the wife and mother of the deceased alone has been shown as legal heirs and that he has been excluded. That led to filing of this writ petition.
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...appellants and respondents, a person can be adopted even if she or he is more than 15 years. As per Section 10 (4) of the Hindu Adoptions and ...Section 10 (iv) of the Hindu Adoptions and Maintenance Act, 1956 a person aged more th...Section 16 of Hindu Adoptions and Maintenance Act, 1956 when valid adoption deed is produced, t...
...section 10 of the Hindu Adoptions and Maintenance Act, 1956. The date of birt...Sultan Singh, J.:— In this second appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as ‘the Act’) the tenant challenges the judgment and order of the R...judgment reads as under:“10. Clause (b) to the proviso to sub-section (1) of section 14 of the Rent Act uses three expressions namely, “sub let”, “assigne...
...). Specific observations can be found at para 4 of this Court (supra) and they are as follows:-“4. Three questions really arise in this appeal and have been argued before us, and th...) (Bombay High Court). In these cases provision of section 101 of the Evidence Act is referred and provision of section 3 of the Evidence ...section 60 of the Evidence Act, such evidence must be given. In the reported case (cited supra) observations with regard to dispensing with the direct evidence are made by the Apex Court at para 10...