Court : Supreme Court of India
Reported in : AIR1981SC178; 1980Supp(1)SCC720; 1SCR1
..... so without a compact, and merely by an act of the mind. (manu ch. ix 127 and 136), hemadri quoted in colebrocke.28. it is well known that in the ancient hindu law, the right of a person to inherit the property of another depended principally on his right to offer pinda and udaka oblations to the other. the first person who was ..... the present, the cali age.80. sir ernest john trevelyan, a former judge of the high court of calcutta in his book entitled 'hindu law as administered in british india' (third edition) states at page 107 thus:in ancient times the hindu law recognised the following descriptions of sons as legitimate sons, viz.1. aurasa, ...2. kshetraja, ...3. putrika-putra, or son of an appointed ..... taken in adoption. adoption in this form is based upon, recent works, and is not referable to the ancient practice of taking kritrima sons.81. dr. jullius jolly in his tagore law lectures delivered in 1883 entitled 'outlines of an history of the hindu law of partition, inheritance and adoption' states in his lecture vii at page 144 thus:the early history of the ..... the present age.after quoting the text of vrihaspati:???(i)(sons of many descriptions who were made by ancient saints cannot now be adopted by men, by reason of their deficiency of power).83. jogendra smarta siromiani observes in his commentary on the 'hindu law' (1885 edition) at page 112 thus:all the secondary sons, with the exception of the dattaka, have not .....Tag this Judgment!
Court : Gujarat
Reported in : (1982)27CTR(Guj)84; (1983)1GLR799; 135ITR158(Guj)
..... of the assets whilst continuing the status of huf in respect of the rest of the assets was not known to the ancient hindu law and was not recongnised by the ancient hindu law. 3. partial partition in the sense of division of some of the properties whilst continuing the status of huf in respect ..... the power of the father to effect partition in respect of a joint family consisting of himself and his minor son is to be located in ancient hindu law (and nowhere else) which has recognised the right only subject to a rider, namely, that he gives equal shares to his minor son. this ..... hazardous to recognise by implication a power to effect a partial partition or to spell out a power to effect partial partition merely because the ancient hindu law recognises the extraordinary powers of a father in respect of total disruption of an huf and division of all the items of property. to read ..... it necessary to capsulize the propositions which emerge from the aforesaid source of material. the following are the propositions : 1. from the standpoint of ancient hindu law, what was recongnised was only a partition in respect of all the properties of the huf, upon disruption of the status of the huf regardless ..... the allotment must be equal. he must give his sons equal shares with himself.' 7. there is nothing in (1) either ancient hindu law, or (2) customary or judge-made law which authorises the father, in exercise of his extraordinary power, to effect a partial partition of huf consisting of him self and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1998Bom228; 1998(1)ALLMR699; 1998(3)BomCR9; (1998)1BOMLR30; I(1999)DMC143; 1998(1)MhLj740
..... biological children, by grace of god. that does not certainly render support to a claim to have any number of children by adoption. such right was candidly not recognized by ancient hindu law. the submission is well-founded.7. their lordships in ahmedabad women action group v. union of india, : 2scr389 quoted gajendragadkar, j., for having observed:'thus it ..... of statute but inherent in the institution of marriage. similarly, adoption is basically a personal privilege, conferred by hinduism, as sanctioned by ancient scriptures. basically it is not bestowed by any statuted.9. even under ancient hindu law, the parents had a right to adopt only one male child. the amending act extended that right to adoption of a female child. ..... they are violative of the constitutional guarantee.4. to deal with the submissions, we propose to trace and summarize the ancient law relating to adoption. unanimous statement at the bar is that christianity, islam or zoroastrian did not recognize adoption. ancient hindu law alone rendered recognition (herefor. that too was limited to as male child by an issueless parent. during one's lifetime ..... to perpetuate the traditional avocation of dancing. this could not, however, be a part of hindu law. the orissa high court in krushna kahali v. narana khali, : air1991ori134 held such custom as invalid.5. the act of 1956 codified the practices as prevailing under ancient hindu in relation to adoption. by way of an amendment, the act incorporated a significant feature .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1983AP356
..... pradesh appeal) who was forced to go back to her husband even after declaration of dislike and abhorrence towards her husband could have been well considered by the ancient hindu law. with the brithish occupation of this country the whole legal position was drastically altered. the british indian courts wrongly equating the ecclesiastical rule of this matrimonial remedy with ..... recognised this institution of conjugal rights althought it fully upheld the duty of the wife to surrender to her husband. in other words, the ancient hindu law treated the duty of the hindu wife to abide by her husband only as an imperfectobligation incapable of being enforced against her will . it left the choice entirely to the free will of ..... and human dignity guaranteed by and contained in article 21 of our constitution. it is of constitutional significance to note that the ancient hindu society and its culture never approved such a forcible marital intercourse. our ancient law-givers refused to recognize any state interests in forcing unwilling sexual cohabitationbetween the husband and wife although they held the duty of ..... to conclude that there are no overwhelming state interests that would justify the sacrificing of the individual's precious constitutional right to privacy.30. duncan derrett in his 'modern hindu law' para 306 however, while approving the abolition of this remedy in england advocated for somewhat strange reasons the continuance of this remedy in india. he wrote that'............... .....Tag this Judgment!
Court : Chennai
Reported in : AIR1964Mad90
..... landlord. the relation between the government and the ryot may perhaps be described as one of co-ownership. but it is certainly not that of a landlord and tenant. tits ancient hindu law books clearly establish this position.'but it will be seen that this dichotomy in the concept (of) beneficial interest in land is, and can be, only with reference to cultivated ..... recognised from very early times can be seen from the following passage in diwan bahadur srinivasaraghava aiyangar's progress of madras presidency during the last forty years of british administration :'ancient hindu law recognised only two beneficial interests in land, viz., (1) that of the sovereign or ins representative, and (2) that of the cultivators holding the land either individually or as members ..... meaning thus:'iran is a well known word of 'arabio' orign which means reward an favour. the ward came into use after the muhammadan conquest, in ancient days, grants of land, or revenue, were made by hindu sovereigns to individuals, particular families, or communities for various purposes or to religious institutions for their upkeep. these were known as 'manyams'. the practice was ..... forms the unit of revenue administration. turner, c. j. and muthuswami aiyar, j. laid down in secretary of state v. vira rayan, ilr 9 mad 175, that under the hindu common law the right to possession of land was acquired by the first person who makes a beneficial use of the soil. according to that view, the beneficial interest in the cultivated .....Tag this Judgment!
Court : Chennai
Reported in : (1916)30MLJ260
..... an assignee is in my opinion so contrary to equity and good conscience that it should not be accepted by courts of this country whatever the ancient hindu law on the subject was. the proposition entails a defeasance of an assignee's title by a collusive alienation made with intent to benefit third parties ..... l.j. 546 (1915) m.w.n. 577.6. as i ventured to state in a recent full bench case the true and more ancient hindu law is in my opinion being gradually restored in many respects by the decisions of the privy council. we have seen that the rule of survivorship introduced by ..... similarly prefer to follow the opinion of the four learned judges of this court in preference to the current of bombay decisions and as regards the hindu law also, i would hold that a widow has got the power to alienate her estate so as to enure during her lifetime notwithstanding any event ..... held that relinquishment is equivalent to civil death and that under hindu law the next reversioner takes the entire estate unfettered by any invalid alienations made by the widow.9. the mortgage having been found to be not ..... 1st defendant notwithstanding relinquishment in favour of the next reversioner, the 3rd defendant, which has the effect of extinguishing her estate in the eye of hindu law.7. the lower courts erred in holding that the relinquishment conveyed only the 1st defendant's equity of redemption.8. the lower courts should have .....Tag this Judgment!
Court : Chennai
Reported in : 32Ind.Cas.813
..... assignee is, in my opinion, so contrary to equity and good conscience that it should not be accepted by courts of, this country, whatever the ancient hindu law on the subject was. the proposition entails a defeasance of an assignee's title by a collusive alienation made with intent to benefit third parties by ..... (1915) m.w.n. 577; 2 l.w. 9526. as i ventured to state in a recent full bench case the true and more ancient. hindu law is, in my opinion, being gradually restored in many respects by the decisions of the privy council. we have seen that the rule of survivorship introduced by ..... similarly prefer to follow the opinions of four learned judges of this court in preference to the current of bombay decisions and as regards the hindu law also, i would hold that a widow has got the power to alienate her estate so as to enure during heir life-time notwithstanding any ..... held that relinquishment is equivalent to civil death and that under hindu law the next reversioner takes the entire estate unfettered by any invalid alienations made by the widow.9. the mortgage having been found to be not ..... defendant notwithstanding relinquishment in favour of the next reversioner, the 3rd defendant, which has the effect of extinguishing her estate in the eye of the hindu law.7. the lower courts erred in holding that the relinquishment conveyed only the 1st defendant's equity of redemption.8. the lower courts should have .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1960P& H51
..... jurisprudence of england and in the time of bracton who died in 1268 a. d., the same principles became the law of england. (see (1884) 27 ch d 89(102).(21) according to ancient hindu law when for the purpose of concluding a bargain the purchaser has paid earnest money to the seller--if the transaction ..... habib-ullah v. muhammad shafi, ilr 41 all 324: (air 1919 all 265). (19) the law forfeiting earnest in the vent of recission by the vendee is of very ancient lineage. both early hindu law and also roman law bear testimony to the great antiquity of the practice of giving earnest as token of good faith and a ..... guarantee of the binding character of the bargain on pain of forfeiture. in roman law, if the agreement of sale was ..... becomes relinquished by him and he forfeits the earnest money'. (22a) reference in the above connection may be made to hindu law. in its sources, volume i, by ganganatha jha, pages 339 and 340, and hindu jurisprudence by p. n. sen, page 102.(23) it is true that forfeitures are not as a rule forward ..... v. smith, (1884) 27 ch d 89(101).(16) baron pollock in collins v. stimson, (1883) ii qbd 142 (143) said:'according to the law of vendor and purchaser the inference is that such a deposit is paid as a guarantee for the performance of the contract goes off by default of the purchase .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1978Bom229; 1978MhLJ204
..... defendants nos. 1 to 4. this submission, in our opinion, is again based on a misconception of the nature of the coparcenary property as understood in hindu law.27. it is well settled that the propertyaccording to ancient hindu law, maybe divided into two classes (1) jointfamily property (unobstructed orvizfrca/k and (2) separate property(obstructed or lgizfrca/k : joint family property is either ..... the suit filed by the real owner, gowraskar, such property is not included in any of the categories of ancestral property or joint family property or coparcenary property under the hindu law. 29. it was argued by mr. deshpande relying on the observations about the concept of possession in gurucharan singh v. kamla singh : 1scr739 that the possession of ..... by thefather by adverse possession by dismissal of a suit filed against him by thereal owner can never be ancestral property. the only category of propertytreated as ancestral property, accordingto hindu law is property which is^iarkeg* that is inherited by a fatherfrom his paternal ancestor. in the present case, it is nobody's case that ramchandra the father of defendant ..... paternal estate. the word 'ancestor' in its ordinary meaning includes an ascendant in the maternal, as well as the paternal, line; but the 'ancestral' estate, in which, under the hindu law, a son acquires jointly with his father an interest by birth, must be confined, as shown by the original text of the mitakshara, to the property descending to the father .....Tag this Judgment!
Court : Karnataka
Reported in : 65ITR19(KAR); 65ITR19(Karn)
..... of ancestral property should be equal, division of father's self-acquired property might be unequal according to the pleasure of the father. 39. it would appear that in very ancient hindu law where there was hardly any self-acquired property, all property being regarded as property generally acquired for and the benefit of the entire family, the theory of pitru prasada was ..... of property, the two decisions of the supreme court already referred to by us fully supporting the said proposition. the basis of that view is the fundamental doctrine of the hindu law applying to mitakshara coparcenary, viz., the right by birth of a coparcener in what is called ancestral property or kramagatha property. because a person acquires a right in such property ..... or declaration of an intention on the part of the assessee, nerlekar, impressing his self-acquired property with the character of joint family property which may, in terms known to hindu law, be described either as blending or as throwing property into common stock and, secondly, partition of such joint family property among the members of the family. the question is whether ..... are set out in schedule 'b' having been thrown into the common stock have become joint family properties and are subject to all the incidents of joint family property under hindu law. no. 1 has, however, retained schedule 'a' properties as his self-acquired properties and thus of his exclusive ownership. properties in schedule 'b' only have thus become divisible amongst .....Tag this Judgment!