Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adoption Shastric law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu law: Hindu Adoptions and Maintenance Act, 1956 :Section 8-Adoption-By widow to her husband-Held, Shastric law is applicable in such cases.Adoption-By widow to her husband-Pre-requisites-Held, the Husband should expressly authorise his widow, under Shastric law, to adopt a child to him-Adoption of a child without such express authority rightly held illegal by courts below. Section 12(c)-Adoption-Commencement of-Widow adopted to her deceased husband a child who was born after his death-Child's claim that by a legal fiction he inherited the property of his deceased adoptive father from the date of his death-Rejected. Property-Vesting of-Succession-Taking place-Meaning-Explained. Code of Civil Procedure, 1908 : Section 11 Explns. VII & VIII. Res judicata-Constructive res judicata-Principles-Applicability of Plaintiff claimed that he was adopted by a widow to her deceased husband-The deceased husband was allegedly the predeceased adopted son of the owner of suit property-Plaintiff. however, claimed possession of the suit property of the deceased owner-Plaintiff also claimed that one RG was not the adopted son of the said owner-Widow of the said owner and RG filed a suit against-Trial court, held that was not a member of the joint Hindu family of the said owner; that the plaintiff's adoption by R was illegal for want of authority from her deceased husband and that the adoption of RG by the said owner was proved-RG filed a subsequent suit against the said owners widow and R in which it was held that RG was the adopted son of the said owner-Held, under these circumstances, the High Court rightly held that the suit is barred, not by the principles of the general doctrine of res judicata, but by Expln. VIII to S.11 C.P.C.Res Judicata-Principles and objects of-Explained. Section 11 Expln. VIII (as inserted by Act 104 of 1976)-Retrospective operation-Held, High Court rightly held that Expln. VIII is applicable to a suit pending on the date of commencement of the amending Act. Interpretation of Statutes : Procedural law-Retrospective operation of-Held, unless there is an express ban on its retrospectivity a statute dealing with matters of procedure is retrospective-However, some differentiation exists between a procedural statute and a statute dealing with substantive rights.Statute Law : Legal fiction-Widow adopted to her deceased husband a child who was born after his death-Child claimed succession to the property of the deceased husband, by a legal fiction, from the date of his death-Held, such a claim cannot be accepted. Ethics : Judicial ethics-Adoption under Hindu law-Question of validity-Found barred by principles of res judicata-Plaintiff made very strenuous submission in this regard on the basis of S.8 of the Hindu Adoptions and Maintenance Act-Held, in view of such strenuous submission, the matter reconsidered on merits on the principles of judicial ethics-However, on facts, S.8 not applicable. Words and Phrases : "Res Judicata" and "Court of limited jurisdiction "-Meaning o.f-In the context of Expln. VIII to S.11 of the Code of Civil Procedure, 1908. Constructive res judicata-Meaning of "Vest", "vesting", "vested", "vest in possession" and "vest in interest"- Meaning of-In the context o.f Hindu Law : Doctrines : Doctrines of "res judicata" and "constructive res judicata"-Meaning and applicability of. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2000 INSC 370 |
Petitioner | Rajendra Kumar |
Respondent | Kalyan (dead) By Lrs. |
SCR | [2000] Supp. (2) S.C.R. 114 |
Judgement Date | 2000-08-02 |
Case Number | 1738 |
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