TaxTMI 
TaxTMI 
2002 (3) TMI 914
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....and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved." The Section thus envisages a statutory presumption that in the event of there being a registered document pertaining to adoption there would be a presumption that adoption has been made in accordance with law. Mandate of the Statute is rather definite since the Legislature has used "shall" in stead of any other word of lesser significance. Incidentally, however the inclusion of the words "unless and until it is disproved" appearing at the end of the statutory provision has made the situation not that r....
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....filed a suit for declaration that she was the owner in possession of the suit land and that the decree dated August 1, 1986 passed in Civil Suit instituted on July 23, 1986 and registered will dated February 14, 1974 alleged to have been executed by her father together with the Adoption Deed dated June 1, 1973 recording that Jai Singh had been adopted by Sunda Ram were illegal and result of misrepresentation of facts and thus not binding on her. The trial Court decreed the suit. Appeal therefrom filed by the defendant/appellant was dismissed and even the second appeal also stands dismissed. Mr.Jain, the learned senior Advocate appearing in support of the appeal contended that in the event of due compliance with the four requirements as env....
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.... may be looked into for proper appreciation of the matter. The High Court observed: "It also deserves notice that on July 22, 1986 the appellant had filed a suit claiming the property of Sunda Ram. Surprisingly, the suit was decreed within less than 10 days on August 1, 1986. It is also the day when Sunda Ram had expired. It is correct that Mr.Mittal has not raised any plea on the basis of this decree. The fact, however, remains that the appellant tried to usurp the property by even getting a decree in his favour. The proceedings do reflect upon his conduct. In fact, he did not rest contended with the adoption deed and the decree. He had even propounded a Will. The courts below have found that the will is shrounded by suspicious circ....
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....4, the appellant has been described as the son of his natural father i.e. Jage Ram and accordingly the High Court came to a definite conclusion that D-8 being the document, which came into existence after the institution of the suit can be of no consequence whatsoever. Similar is the situation as regards the next set of evidence, namely, payment of chulha tax receipts admittedly relate to a period after the institution of the suit (period between October 7, 1986 and July 21, 1991). The mutation proceedings being the third set of evidence noticed herein before stood initiated by the appellant immediately after the death of Sunda Ram, who admittedly expired on 1st August, 1986 and the appellant had got the mutation entries without any notice....
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....as been written on 31.5.1973, ( 10 Jaith, 1895 Shudi )." The Deed records that the parents of Jai Singh have given him in adoption to Sunda Ram in the month of March and he had taken him on his lap. No specific ceremonies have been noted neither any evidence has been tendered pertaining to the adoption in March, 1973. It is on this Deed that Mr.Ramchandran, the learned senior Advocate appearing for the respondent contended that the document even on the face of it does not justify any consideration by reason of the recording that 'the adopted son shall have the same rights as a natural son has' this insertion of preservation of his right as a natural son is rather significant and ought to be read along with the Will dated 14th ....
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....buttable, came to a conclusion negating the adoption. On the wake of the aforesaid, we do not see any reason to lend concurrence to the submissions of Mr.Jain that the statutory presumption should give way to all other instances available on record. The presumption under Section 16 being a rebuttable presumption as the statute prescribes and on the state of evidence available on record question of decrying the order of the trial court as also of the two appellate courts on the fact situation of the matter in issue cannot be termed to be so perverse so as to authorise this Court to scan the evidence and reappreciate the same. This is where Mr. Ramachandran contended that scope of Article 136 being limited and by reason of definite allegation....