Showing : 21-30 of 282 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Mutation proceedings-- Challenge as to adoption deed - Registered adoption deed cannot be questioned in mutation proceedings which are fiscal in nature...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17-- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given effect...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102-- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover, document in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16-- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6-- Adoption deed/memorandum of adoption - Not required to be attested by attesting/marginal witnesses as per provisions of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 7, 9-- Adoption - Consent of natural mother and adoptive mother is necessary as per provisions of Ss.7, 9 of the Act at the time of adoption - However, such consent is not required at the time of execution of memorandum of adoption...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 9, 16-- Registered adoption deed - Act does not prescribe for performance of a particular ceremony for validly carrying out a adoption - Adoption can take place on natural parents giving child in adoption to adoptive parents - More so, a presumption of correctness is available to registered documents..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6, Registration Act, 1908, Section 17-- Adoption - Registered memorandum of adoption - Carries a presumption of genuineness having been registered by Registrar in discharge of his official functions...........

Showing : 21-30 of 282 Results