Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Claim based on a registered adoption deed - Petitioner falls within the definition of 'legal representative' as defined u/s.2(11) CPC - Substitution allowed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Leave of Court to reserve right - Plaintiff closed his evidence - Next day he filed application U.O.18.R.3 CPC that he has closed his evidence for the present - Defendant pleaded question of adoption - Held, if plaintiff is deprived of his right to lead rebuttal evidence then he will be deprived of his..........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Mere treating as son is not proof of adoption in absence of proof of legal requirements of adoption - It is not sufficient to say that adoption took place in the hoary past and it is not possible to prove the same by way of positive evidence - In the absence of evidence of actual giving and taking, at the..........
Hindu Law -- Joint Hindu Family - Has no legal entity, which may be distinct and separate from that of the members who constitute such a family - A Joint Hindu Family is a unit to which no outsider can be admitted by consent of the parties - It is a status which can be acquired only by birth or by adoption - Such a joint family may be broken up by separation of individual..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Registered document - There is a valid presumption in favour of such document - Petitioner having miserably failed to dislodge the same, the adoption cannot be discarded...........
Indian Penal Code, 1860, Section 498A -- Dowry death - Accused No.4 alleged to have insisted deceased to give her son in adoption to her - Held, merely for the reason that accused No.4 had no issues, it does not mean that she will insist her brother or her brother's wife to give their only son in adoption to her - Even assuming that she has demanded so, it does not mean..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Compensation - Prize scheme - TV purchase - Promised coupon not given - Held to be adoption of unfair trade practice to fleece customers - Grant of compensation of Rs. 35,000/ - by District Forum held to be on higher side and reduced to Rs. 20,000/ - ...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 4, 16, Punjab Custom (Power, Contest) Act, 1920, Section 3 -- Adoption - Hindu Jat of Tehsil Naraingarh (Haryana) adopting a child - Custom barred the Jats of that area from making adoption - Custom does not prevail after coming into force of Hindu Adoption Act - In the matter of adoption Hindu Adoption Act has..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 5, 10, Punjab Custom (Power, Contest) Act, 1920, Section 3 -- Adoption - Custom - Custom relating to adoption has ceased to have any force after coming into force of the Hindu Adoptions and Maintenance Act - Under the Act the adopted child is completely transposed from the family of the natural birth to the adoptive..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Adoption deed duly registered - In view of S.16 of the Act the Court has to presume that the adoption has been made in compliance with the provisions of the Act unless and until it is disproved...........
