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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH KUMAR, SUJIT NARAYAN PRASAD
Central Coalfields Limited, a Subsidiary of Coal India Limited, through its Chairman-cum-Managing Director, and also through its H.O.D. (Legal) Sri Jobe V.P., S/o. Late V.V. Philip – Appellant
Versus
Suresh Kumar Singh, son of late Rameshwar Singh – Respondent
| Table of Content |
|---|
| 1. validity of adoption deeds in employment contexts. (Para 1 , 2) |
| 2. background and basis for employment derived from adoption. (Para 3 , 4 , 5) |
| 3. procedures in challenging employment based on adoption status. (Para 6 , 8 , 10) |
| 4. court's reception of evidence and statutory provisions. (Para 12 , 13 , 14) |
| 5. regulations related to adoption's legal effects. (Para 15 , 21 , 27) |
| 6. evidence limitations on declarations of adoption validity. (Para 18 , 29 , 36) |
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
Prayer
The instant appeal preferred by the C.C.L. under Clause-10 of Letters Patent is directed against the judgment/order dated 08.04.2024 passed by the learned Single Judge of this Court in W.P.(S) No.177 of 2023, whereby and whereunder, while allowing the writ petition, the learned Single Judge has passed an order with a direction that “the petitioner is directed to be reinstated with continuity of service and with 25 % back wages within 3 months from the date of communication of the judgment.”
Factual Matrix
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under:
3. It is the case of the writ petitioner that on
The validity of an adoption deed cannot be contested by a quasi-judicial authority; only a competent civil court can adjudicate on such matters, particularly invoking statutory presumptions favoring ....
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
Point of law: Capacity of a male Hindu to take in adoption-Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a ....
Point of law: Section 16 of Adoption Act, 1956 and Section 17(1)(f) read with Section 23 of Registration Act, 1908 and, applying the Heydons' Principle, it is clear that the registered adoption deed ....
This judgment clarifies the legal validity of an adoption independent of registration and emphasizes eligibility for compassionate appointment based on adherence to established personal and railway p....
Adoption – Performance of prescribed rites is constitutive of adoption and subsequent execution and registration of Deed of Adoption is only evidentiary.
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
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