Showing : 31-40 of 275 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 11-- Adoption - Proof of date of birth - Date of birth noted in a private school, is not a valid proof of date of birth unless the person who gave the date or made the entry is examined...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of evidence or proof adduced..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10-- Customary adoption - Custom of adoption of married sons in community of appellant, as contended by him not proved - Lots of contradictions in evidence of witnesses on all material aspects of adoption on record - Appellant in fact failed to prove and plead factum of adoption, as he failed to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv)-- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption - Validity - Plaintiff was more than 15 years when adoption took place as per his school admission register - School admission register is admissible in evidence, as entry in said register has a presumptive value with regard to age and entry - Description of age in heading of deposition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption of child beyond the age of 15 years - Cannot be permitted - However, if there is custom or usage applicable to parties which permits person to be given in adoption even beyond the age 15 years, the same is valid...........

Showing : 31-40 of 275 Results