National Insurance Company Limited vs Claimants

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Online)(Jhk) 2

IN THE HIGH COURT OF JHARKHAND
Judge, J
National Insurance Company Limited – Appellant
Versus
Claimants – Respondent

Table of Content
1. appeal arising from a court order regarding adoption validity. (Para 1 , 2)
2. details of the incident leading to the appeal and financial details. (Para 3 , 6)
3. arguments concerning the legitimacy of the adoption and claim. (Para 4 , 7 , 9)
4. court's reasoning on adoption deed validity and evidence requirements. (Para 10 , 11)
5. discussion on the necessity of evidence for valid adoption. (Para 12 , 13)
6. final decision to allow appeal and set aside prior ruling. (Para 14 , 15 , 16)

1. This appeal has arisen out of order dated 29-6-2010 of the Court of Commissioner, Hazaribagh, in W.C. Case No. 61 of 2007.

2. This appeal was admitted for hearing on following substantial question of law by order dated 18-1-2017 : -

' (A) Whether the adoption deed executed by the deceased on 17-4-2003 before the Notary Public, Hazaribagh, can be treated as valid adoption in terms of provisions of S.16 of the Hindu Adoptions and Maintenance Act , 1956?

(B) Was the said deed required to be registered as per S.17 of the Indian Registration Act , 1908?

And

(C) Whether the claimants are the dependents as defined under S.2( 1 )(d)(iii)(g) of the Workmen Compensation Act , 1923 (now Employee

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2018 Supreme(Online)(Jhk) 2

IN THE HIGH COURT OF JHARKHANDJudge, JNational Insurance Company Limited – AppellantVersusClaimants – Respondent

Cases Referred (1)

IN THE HIGH COURT OF JHARKHAND
Judge, J
National Insurance Company Limited – Appellant
Versus
Claimants – Respondent