Limitation Act, 1963, Section 59 -- Registered adoption deed - Suit for cancellation - Limitation - Respondent was not party to the deed - Fact entitling respondent to have instrument cancelled or set aside first became known to respondent only on or after 27.05.2011 - Suit filed on 28.11.2011 - Suit filed within time...........
Limitation Act, 1963, Section 22, Article 59 -- Registered adopted deed - Suit for cancellation - Limitation - Continuing wrong - Appellant appointed on the basis of fraudulent deed of adoption and he continuing and getting salary regularly - Suit for cancellation of fraudulent deed cannot be barred by limitation...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Presumption - Available only till it is disproved - It is always open to the person challenging to disprove the same in accordance with law - Validity of adoption deed can be examined by Court when question regarding its validity is raised...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Registered deed executed in regard to alleged adoption made earlier - However, details i.e. date, time and place of adoption and any witness of alleged adoption not given in the adoption deed - Adoption deed does not itself prove that alleged adoption is in..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Registered deed executed in regard to alleged adoption made earlier - Oral adoption in the year 1980 - Adoption deed registered in 1995 - In view of Uttar Pradesh amendment in 1977, no Court of Uttar Pradesh shall accept any evidence of adoption except a document..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption as to - Adoptive father was not in a fit condition to give free consent at the time of adoption - Both adoptive father and natural father did not even know contents of deed - It is thus, wrongly mentioned in deed that adoption deed has been written after hearing and..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - If plea based on S.41 of the Act is to be taken, then same has to be backed by pleadings and not mere adoption of pleadings of some other defendants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Assessment of monthly income - Claimants unable to produce any document evidencing income of deceased `V' - But that does not justify adoption of lowest tier of minimum wage while computing his income - Evidence on record shows that deceased `V' was comparatively more educationally qualified..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Total compensation - Considering various heads for awarding compensation and adoption of 17 as age multiplier, total compensation of Rs.33.20 lakhs with 9% interest p.a awarded...........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Proviso - Adoption by Hindu Male - Consent of wife - Mere estrangement between man and wife without disruption of marital status in accordance with law which may either be by a decree for divorce or annulment or by death of wife, would not take case out of mischief of S.7 Proviso of the Act, requiring wife's consent..........
