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Constitutional Law Judgments and Orders

Shabnam Hasmi v. UOI & Ors (2005) - Section 41 J J Act

 03 October 2020

The judgment of Shabnam Hashmi provided the adoption as the Fundamental Right. It was permitted that any person irrespective of religion can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. s..

Posted in Constitutional Law |   9519 hits

Sawan Ram & Ors v. Kala Wanti & Ors (1967) - Effect of Adoption of Son by Widow

 03 October 2020

The adoption of Deep Chand was challenged as fictitious and ineffective. It was further urged that even if the adoption was valid, Deep Chand became the adopted son of Smt. Bhagwani and could not succeed to the properties of Ramji Dass. The appellant..

Posted in Constitutional Law |   7504 hits

Badshah v. Urmila Badshah (2013) - Suppression of Fact of First Marriage and Maintenance to Second WIfe

 03 October 2020

In the facts of the present case, we are dealing with a situation where the marriage between the parties has been proved. However, the petitioner was already married. But he duped the respondent by suppressing the factum of alleged first marriage. On..

Posted in Constitutional Law |   7556 hits

Devgonda Raygonda Patil v. Shamgonda Raygonda Patil & Anr (1992) - Section 6 does not bar a lunatic person from being adopted

 03 October 2020

The Court held that the appeal had filed and was thus dismissed. Considering the fact and circumstances of the case, there was no order as to costs...

Posted in Constitutional Law |   3171 hits

Abhilasha v. Parkash & Ors (2020) - Maintenance to Unmarried Daughter under Section 125 CrPC

 03 October 2020

The court held that an unmarried Hindu daughter can claim maintenance from her father till she is married, even if she is not physically or mentally injured. The court relied on Section 20(3) of the Hindu Adoptions and Maintenance Act 1956, provided ..

Posted in Constitutional Law |   5145 hits

Hanmant Laxman Salunke v. Shrirang Narayan Kanse (2006) - Age Difference between Adoptive Mother and Adoptive Son to be at least 21 Years Mandatory

 03 October 2020

The court held that the age difference between adoptive mother and adoptive son to be at least 21 years is mandatory in nature..

Posted in Constitutional Law |   3353 hits

The appeal is allowed, and the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24,1964 was restored

 26 September 2020

The appeal is allowed, the decree passed by the lower appellate Court is set aside and that passed by the trial Court on April 24, 1964, is restored. The plaintiffs to pay the costs of defendant No. 1 throughout and bear their own. The rest of the re..

Posted in Constitutional Law |   1214 hits

Can a guardian be appointed by the donor of property

 26 September 2020

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Posted in Constitutional Law |   946 hits

Guardianship of the child if the mother marries another person of a different religion

 26 September 2020

The court held that the marriage of a mother with a person of a different religion is not a ground to take away the custody of the child. Mother's affection and care cannot be substituted...

Posted in Constitutional Law |   1257 hits

Whether the award declaring the respective shares of the defendants was placed before the second appellate court

 26 September 2020

The review court held that the Mahaddanama was genuine, valid and for consideration, but it remanded the case to the lower appellate Court for deciding the issues regarding the partition of the suit. The lower appellate Court held that there was a pa..

Posted in Constitutional Law |   937 hits

Custody of minor sons and management of property in case of an Unregistered will

 26 September 2020

The Court in the peculiar facts and circumstances saw the paramount welfare of both the minor children as they are born out of the wedlock of late Jitendra Pal Singh with two different ladies and the grandmother being the only common factor whose gen..

Posted in Constitutional Law |   873 hits

Whether the custody awarded of a child to the mother was rightful

 26 September 2020

The Honorable court after considering all the material facts and the law governing the rights of the parents for custody of minor children upheld the decision rendered by the trial Court as just and proper. The appeal was dismissed...

Posted in Constitutional Law |   830 hits

A mother is not competent to act as the natural guardian of a Hindu Minor if the father of the Hindu Minor is alive

 26 September 2020

The Judge concurred with the view taken of the below courts and affirmed that the judgment and decree passed in the case and dismissed the appeal. A there was no appearance for the respondents, there was no order for costs...

Posted in Constitutional Law |   907 hits

Can the alleged wife's will regarding the properties inherited by the alleged deceased husband valid

 21 September 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC. The Supreme Court held “the suspicious circumstance appears to be that when the Will was being executed, the thumb impression over the alleged Will was also taken by the benefici..

Posted in Constitutional Law |   1253 hits

General principles of an appointment and authority of agents are not different for a power of attorney holder than given in Contract Act 1872 who employ an agent

 21 September 2020

Ajit Panwar is required to furnish security for payment of costs as he wrongly acted as the Power of Attorney of the old lady who couldn't give consent. ..

Posted in Constitutional Law |   1111 hits

Deals with dissolution of Muslim Marriage Act,1939

 21 September 2020

enunciation in matters where one's own interest is affected is fine but where power is given to protect the interests of others against measures which are not allowed in our Constitution would be fraught with inadequate consequences...

Posted in Constitutional Law |   1027 hits

Section 13(1)(ia), Section 5(i) & 11 of Hindu Marriage Act, 1955 - Case Law

 21 September 2020

Supreme Court read out Section 15 of HMA and stated that the section was only to provide protection to the party who is contesting the decree of divorce...

Posted in Constitutional Law |   2883 hits

Section 7 of Hindu Marriage Act - Case Law

 21 September 2020

The Supreme court upheld the judgment of High Court to punish the appellant for committing bigamy and rejected the appeal of the appellant...

Posted in Constitutional Law |   2851 hits

Supreme Court upheld the decision given by the High Court, and declared the decision given by the trial court to be unjustified

 21 September 2020

The High Court on a reasonable assessment of the situation, rightly came to the conclusion that the requisite degree of the mental-disorder which alone would justify dissolution of marriage has not be established and the decree of dissolution of marr..

Posted in Constitutional Law |   2840 hits

Defines balance of convenience and prima facie

 21 September 2020

In a prima facie case, the court has to analyse the documents on record and carefully examine the case & injunction is granted or refused on the balance of convenience on both the sides...

Posted in Constitutional Law |   1208 hits