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  • Treating as Family Member - Agreements among family members of the original tenant for considering certain individuals as family members are valid and binding, making notices served upon them enforceable because such individuals are recognized either through explicit agreement or declaration by the tenant. Only members recognized as part of the tenant's family (not all family members necessarily tenants) are covered under these arrangements. Kanti Bhattacharya and others VS K. S. Parmeshwaran and another - Bombay

  • Family and Land Rights - Authorities sometimes treat descendants of auction purchasers as landholders or members of a joint family, but such classifications require careful consideration of legal provisions like the Bihar Land Reforms Act. The courts have emphasized that land acquired at auction by a family member does not automatically extend rights to all family members unless supported by proper legal recognition. Baijnath Gutgutia VS State of Bihar - Patna

  • Family as Tenant - When the original tenant dies, agreements among family members for treating certain individuals as tenants are valid, and legal proceedings or decrees based on such agreements are binding on all family members involved. The tenancy is considered as one entity, and family members are collectively bound by the tenancy rights or obligations. PADMAKAR DATTATRAYA MANE deceased through his LRs. ARVIND DITATRA YAMANE VS VISHNU SADASHIV TAKATE - Bombay

  • Family Member in Transfer Cases - In cases of transfer within government services (e.g., CISF to CGPL), treating an employee as a family member affects benefits like HRA and allowances. Such treatment can be challenged if it violates constitutional principles, with courts demanding full entitlements for family members during transfers. Anand Kumar VS Union of India - Delhi

  • Family Pension - Dependent parents are considered integral to the 'family' for pension purposes and cannot be excluded from family pension benefits. Rules such as those in the Haryana Aided Schools pension scheme recognize parents as part of the family, ensuring their inclusion in pension benefits. Geeta Devi VS Financial Commissioner & Principal Secretary to Govt. Haryana - Punjab and Haryana

  • Membership in Family - Individuals raised by the original owner as children, even if not part of a joint family, can be considered members of the family based on their upbringing and treatment. The right of succession in joint Hindu families depends on property rights, but non-joint family members can still be recognized as family members under certain circumstances. Thimma Reddy, Son of Venkatappa Reddy VS Chandrashekara Reddy - Karnataka

  • Joint Family Members - The definition of joint family members includes sons (regardless of age) and other heirs, with specific rules determining membership based on status and succession rights. The concept hinges on the status of being part of the joint family, with legal provisions clarifying who qualifies as a member. LACHHMAN DASS VS UOI - Delhi

  • Family Member for Land Ceiling - Land treated as surplus for one individual (e.g., Sita Devi) may not be automatically clubbed with land of her former husband if proper legal instruments or considerations are in place. Family members are recognized for land ceiling purposes based on their legal and familial relationships, but individual rights and considerations can affect classification. SITA DEVI VS ADDITIONAL COMMISSIONER, AGRA DIVISION, AGRA - Allahabad

  • Medical Family Member - A member of the family, nominee, treating doctor, or hospital staff can seek court permission to withdraw life support for a patient, especially when medical opinions differ. Such decisions are made through writ petitions in the High Court, respecting the patient's or family member's rights. Common Cause (A Regd. Society) VS Union of India - Supreme Court

  • Spouse as Family Member - Upon marriage, a wife becomes part of her husband's family and is entitled to benefits like backward caste reservations. She cannot be denied admission or benefits simply because she is treated as part of her parental family; her status as a family member is recognized legally and socially. R. Uma Devi VS Principal, Kurnool Medical College - Andhra Pradesh

Analysis and Conclusion:
The concept of treating as family member is upheld across various legal contexts, including tenancy agreements, land rights, pension schemes, and medical decisions. Recognition of family members often depends on legal agreements, social relationships, upbringing, and statutory definitions. Courts consistently emphasize the importance of legal recognition and the rights of individuals classified as family members, ensuring protections and benefits are extended accordingly. The legal framework supports treating individuals as family members based on their relationship, upbringing, or legal declaration, which influences tenancy, land rights, pension, and medical decisions.

Search Results for "Treating as Family Member"

Kanti Bhattacharya and others VS K. S. Parmeshwaran and another

1993 0 Supreme(Bom) 91 India - Bombay

N.NAIK BHIMRAO

Section. 5 (11) (c) and 12(1)-Notice under Section 12(1)-Validity of -Agreement between family members of original tenant for treating ... as the member of the tenants family and therefore the notice served upon her is binding on all the members, because every member ... of the tenants family cannot be a tenant and only member of the tenants family, either by an agreement or by a declaration by a ... of the tenant'....

Baijnath Gutgutia VS State of Bihar

1979 0 Supreme(Pat) 102 India - Patna

SARWAR ALI, B.S.SINHA

of the joint family–Authorities treating the member who was the descendant of the auction purchaser as the landholder–Members of ... the joint family claiming interest in the land being the auction purchaser–Authorities failed to apply their mind on the points ... Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, Section 2–Land acquired at an auction by a member ... In both these objections it was stated that about 205 acres of land out of 233.87 acres be....

PADMAKAR DATTATRAYA MANE deceased through his LRs. ARVIND DITATRA YAMANE VS VISHNU SADASHIV TAKATE

2007 0 Supreme(Bom) 1423 India - Bombay

R.M.SAVANT

treating a member of family as tenant of the premises-Original tenant died-Question raised as to non-joinder of necessary parties-Held ... Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Section 5(11)(c)-Agreement amongst family members of tenant for ... Kishori Juker represented all the tenants and the decree passed in the said suit was binding on all the family members covered by the tenancy. ... This was on the basis that the tenancy being one and....

Anand Kumar VS Union of India

2022 0 Supreme(Del) 402 India - Delhi

SURESH KUMAR KAIT, SAURABH BANERJEE

members in view of petitioner’s transfer from CISF IGI Unit to CGPL Mundra Gujarat by treating the petitioner as family member. ... reducing HRA benefit is ultra vires and unconstitutional, and demands full HRA, transportation charges, and travel allowance for family ... from 01.07.2017 to 31.03.2018 along with interest @ 18% p.a. along with all transportation charges and travel allowance to his family ... members in view of petitioner’s transfer from CISF IGI Unit to....

Geeta Devi VS Financial Commissioner & Principal Secretary to Govt.  Haryana

2013 0 Supreme(P&H) 377 India - Punjab and Haryana

A.K.Sikri, Rakesh Kumar Jain

Pension--Family Pension--Dependent parents could not be excluded from the definition of 'Family' as they are integral part of family ... not be excluded from the definition of 'Family' as they are integral part of family. ... ' for the purpose of family pension--Haryana Aided Schools (Special Pension & Contributory Provident Fund) Rules, 2001. ... In the light of the aforesaid, case of the petitioner shall also be considered and appropriate orders passed treating her ....

Thimma Reddy, Son of Venkatappa Reddy VS Chandrashekara Reddy

2017 0 Supreme(Kar) 1238 India - Karnataka

SREENIVAS HARISH KUMAR

claim to be ordinary member of family - Strangers brought up by original owner treating them as his children can be considered as ... member of family, though not member of joint family. ... member of Hindu Joint family or coparcener is based on right of succession to joint family properties - However there is no bar to ... Therefore, they became the member of family of Chikkaram....

LACHHMAN DASS VS UOI

2010 0 Supreme(Del) 401 India - Delhi

S.RAVINDRA BHAT

(b) a son or sons (whatever the age of such son or sons but no lenial ascendant in the main line ,then all such heirs shall, notwithstanding anything contained in this rule, be reckoned as one member of the joint Hindu family. ... The above provision was part of Rule 19 (3), which amplified as to who were to be considered as members of a joint family. ... ... Explanation – For the purpose of this rule, the question whether a family is joint or separate shall be determined with reference to the status o....

SITA DEVI VS ADDITIONAL COMMISSIONER, AGRA DIVISION, AGRA

1995 0 Supreme(All) 492 India - Allahabad

P.K.MUKHERJEE

Sita Devi as his family member under the U. ... Singh challenged the appellate order declaring 16 bighas 2 biswas and 19 biswansi land as surplus in Harendra Pal Singh's hands, treating ... Sita Devi, or, her family members for adequate consideration, under a irrevocable instrument, the same may not be clubbed together with the land of her former husband, treating her land to be surplus, for the purpose of ceiling. ... Sita Devi (first writ petitioner) as the member o....

Common Cause (A Regd.  Society) VS Union of India

2023 1 Supreme 507 India - Supreme Court

K. M. JOSEPH, AJAY RASTOGI, ANIRUDDHA BOSE, HRISHIKESH ROY, C. T. RAVIKUMAR

member or treating doctor or hospital staff can seek permission from High Court to withdraw life support by way of writ petition ... patient or Secondary Medical Board may not concur with opinion of Primary Medical Board – In such a situation, nominee of patient or family ... In such a situation, the nominee of the patient or the family member or the treating doctor or the hospital staff can seek permission from the High Court to withdraw life support by way of writ petition under Arti....

R. Uma Devi VS Principal, Kurnool Medical College

1992 0 Supreme(AP) 504 India - Andhra Pradesh

B.SUBHASHAN REDDY

her as a member of her parents family ... Held : On marriage, the wife ... Backward Class-Such spouse is entitled to claim benefits of Backward Caste She cannot be denied admission into Post Graduate Course treating ... of her parents family She becomes a thread, with which husband s family fabric is woven The wife, a Binnagotri at the time of marriage

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