Ranganayakamma vs alwar setti case

2007 Mangalore University Management B.B.M. COMMERCIAL LAW Question paper

See Steele's Law and Customs, page The text of Angira shows that the Bengal Writers are right. Here the threat was by the husband and father to kill himself, which must be taken to be an act to his own prejudice which seems to me sufficient to satisfy the section.

The adoption is said to have been made by Viyyammal, widow of Subbarayudu, in pursuance of a permission to adopt contained in his Will. Apart from the decision of the Privy Council also, T am Clear on the Hindu Law that it is only the widow's discretion exercised after she attains majority and is thus capable of legal discretion in civil matters that can validate the adoption made by her to her husband.

For example, a lunatic or a minor may not be punished. See also Clark v. The District Munsif held that the 1st defendant's adoption was invalid and dismissed the suit. The lower Courts found a that the 1st plaintiff's husband the 2nd plaintiff's, father did threaten to commit suicide if the plaintiffs would not execute the release deed and that it was on account of that threat working on their minds that the plaintiffs executed the deed; b that such a threat was "coercion" and a deed brought about by such a threat is not a deed executed with free consent and c that though the threat was not made by the defendants the parties to the deed but by their brother, the document was voidable as "coercion" Used by a person who is not a party to the deed also negatived free consent.

He is to commence the study of the sacred literature at the eighth year Manu II, 36 to prosecute his studies for a period at the lowest of twelve or nine years Manu III, 1 and after the studentship is over, he is to become a house-holder by marrying a damsel before her puberty.

Free for one month and pay only if you like it. I regret that I have the misfortune to differ from my learned brother. I am inclined to hold that the obiter dictum in Ranganayakamma v.

2007 Mangalore University Management B.B.M. COMMERCIAL LAW Question paper

But the act of taking in adoption is not Only a religious act but a legal transaction vyavahara and one who has not attained the 16th year is incapable of validly entering into such a transaction under the Hindu Law.

And accordingly when the Court had found that during the years, for which she lived after the ceremony she fully agreed to the adoption and was anxious to establish it, it would naturally strive to uphold it.

No clear authority having been shown for the view that with reference to any special period of minority she had attained competency to adopt at the time in question, the decisions in Monddkini 'Dasi v. I agree with him that mere sentimental prejudice is not what the law contemplates.

It is accordingly in place to consider whether Section 15 can be construed by implication or should be read strictly. Accordingly it was required by Roman Law that the adopter should be older than the person adopted by full puberty, that is, eighteen years.

I think the words "any person whatever" have been advisedly used by the legislature to indicate that the act need not be to the prejudice of the person entering into the Contract. It is not alleged that the adoption of Viyyammal was brought about through coercion and hence voidable, but the contention is that she was incompetent to give a valid legal consent to take a boy in adoption and to accept the gift made of a boy in adoption to her husband, having then not attained the legal age of discretion according to the Hindu Law.

Sections, etc. See Section 19 of the Contract Act and the explanation thoreto. It is worthy of remark here that as adoption imitates nature, the relative age of the adopter and the adoptee should be such that the one may be looked upon as the son of the other. Against this remand order, the present appeal has been filed by the contesting defendants.

Patanjali Sastri argued that threatening to commit suicide is not forbidden by the Indian Penal Code.Alwar Setti () I.L.R. 13 Mad.are not stated, that case to my mind lays down a condition precedent, which must be fulfilled before the act of the minor, a generally incapacitated person can have any degree of validity, and does not, like the cases dealing with adult purdahnashin ladies, merely lay down a rule of evidence.

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Download model question papers and practise before you write the exam. In Ranganayakamma v. Alwar Setti () I.L.R. 13 Mad. a widow executed a deed of adoption, as her relations (not the adopted boy) obstructed the removal of her husband's corpse by her or her guardian to the cremation ground unless she executed the deed.

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"Ranganayakamma Vs Alwar Setti Case" Essays and Research Papers Ranganayakamma Vs Alwar Setti Case  In the Miranda vs Arizona case Miranda established that the police are required to inform arrested persons that they have the right to remain silent, that anything they say may be used against them, and that they have the right to an attorney.

5 In Ranganayakamma Vs. Alwar Setti () the question before the Madras High Court was regarding the validity of the adoption of a boy by a widow, aged 13 .

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