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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: chennai Year: 1974 Page 1 of about 10 results (0.045 seconds)

Jun 21 1974 (HC)

M. Kesava Gounder (Died) and ors. Vs. D.C. Rajan and ors.

Court : Chennai

Decided on : Jun-21-1974

Reported in : (1976)1MLJ56

..... building of temples, gifts for religious festivals with regard to idols, and gifts to math, have all been hold to be valid religious endowments. in essence, therefore, in hindu law, religious and charitable endowments are not confined to cases of public utility or benefit but also acquisition of religious merit is one of the criteria. the halo, which perceivably ..... which the courts in england have placed upon the term 'charity' in the statute of elizabeth, and, therefore, all purposes which according to english law are charitable, will be charitable under hindu law the hindu concept of charity is so comprehensive that there are other purposes in addition which are lecognised as charitable purposes. hence, what are purely religious purposes and ..... by modern western jurisprudence. from ancient times, one endowment is telescopable into the other. manu says:in the krita the prevailing virtue is declared to be in devotion, in treta divine knowledge, in the dwapara holy sages call sacrifice the duty chiefly performed; in the kaili liberality alone.mukherjee, a famous author on hindu law of religious and charitable trusts, ..... all round dimensional impact of modernisation and technocracy on the community regard to ancient precepts and respect far hindu notions has survived and is still evoking awe and reverence in the minds of the people belonging to the hindu community. judged by this yardstick of living, no court of law can accept a concept, which is strange and unknown and not even .....

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Jul 19 1974 (HC)

R. Lingaraj and ors. Vs. Parvathi

Court : Chennai

Decided on : Jul-19-1974

Reported in : AIR1975Mad285

..... one who is totally unsuited to manage himself and his affairs and such incompeteney is directly referable and attributable to the incapacity of his mind. having thus dealt with the law on this aspect of the matter, i shall now revert to a factual consideration of the state of the mind of r.w. 1 with reference to his examination before ..... had been produced, it is doubtful if the conclusion arrived at by p.w. 1 regarding the sanity of r.w. 1 can secure forthright acceptance in a court of law. all that p.w. 1 has stated in her evidence is that she noted the general behaviour of r.w. 1, how he conducted himself and how he answered questions ..... holding an inquisition under the act. consequently, the appeal was allowed and ganesan, j. remitted the matter to the learned district judge for fresh disposal of the case according to law.5. in the enquiry held subsequent to the order of remand, the district judge examined lingaraj on 25-3-1972 and madethe following order:'adjournment prayed for on behalf of .....

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Oct 28 1974 (HC)

Narayani Ammal and anr. Vs. Govindaswami Naidu

Court : Chennai

Decided on : Oct-28-1974

Reported in : AIR1975Mad275

..... property. mack j. in this connection, stated 'if a woman has a legitimate daughter and an illegitimate daughter, they will both, in conformity with the ancient hindu texts, take equally'. this means that the learned judges were not prepared to apply that 1 mad lw 704 = (air 1915 mad 63) which regarded ..... we should interpret, the word daughter in the original text above referred to as confined only to a legitimate daughter. as trevelyan in his book on hindu law, edition 3, at page 500, observed, "illegitimacy is not a bar to the succession of children to their mother's property". it is true ..... . but, firstly, that is not the primary sense of these references and is unauthorised by the rules of interpretation recognised by both english and hindu law."there were other approaches to the succession there, one of which was the un-chastity of the woman to whose estate the succession was in dispute ..... and an illegitimate daughter. seshagiri ayyar, j. if we may say so with respect, took an extreme view that illegitimate children had no place in hindu law, at least under the mitakshara system, except in the special cases he referred to. he thought that section xi, which we referred to earlier, should ..... from it in effect. both mack and krishnaswami nayudu, jj. examined the texts and the decided cases as well as leading text books on hindu law and opined that the property which the daughter succeeded to being stridhana, there could not be any nearer heir than the daughter and the illegitimate daughter .....

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Aug 01 1974 (HC)

N.K.S. Sankarakumara Nadar and ors. Vs. the Assistant Commissioner for ...

Court : Chennai

Decided on : Aug-01-1974

Reported in : (1975)1MLJ12

..... any document and did not adduce any oral evidence. the second plaintiff's evidence was to the effect that the temple belonged to the religious denomination called sivagurunathapuram hindu nadars, that it was an ancient temple, that other communities had no right or interest in the said temple and that similarly people from other places too had no right or interest in ..... or management of a religious institution or any other matter or dispute for determining or deciding which provision is made in this act shall be instituted in any court of law except under and in conformity with the provisions of this act.the submission of learned counsel is this.6. the plaintiffs proceed on the footing that the institution belongs to ..... a denominational one, it would be idle to try the question whether the suit would be maintainable. (instructions of this court prohibit a preliminary disposal on a pure point of law.) though issues 1 and 2 proceed on the basis that the question at issue was whether the temple was a private temple and therefore not governed by act xxii of ..... is that of p.w. 1. there is no reason to reject his evidence, and that evidence, if accepted, clearly shows that the temple is an ancient temple, that it belongs exclusively to the hindu nadars of sivagurunathapuram village and that throughout it has been managed only by them. mr. kumaraswami pillai, the learned additional government pleader, appearing for the defendant department .....

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Mar 07 1974 (HC)

The Commissioner, Hindu Religious and Charitable Endowments Vs. V. Kri ...

Court : Chennai

Decided on : Mar-07-1974

Reported in : (1974)2MLJ306

..... amman temple situate in andipatti village in periakulam taluk.2. the case of the plaintiff was that the sri kaliamman temple, which was an ancient institution was always being managed by a hereditary trustee and that it was the family of the plaintiff which was managing the temple and its ..... board. the entries contained therein have been scrutinised and verified by a special inspector of the board and have been countersigned by the assistant commissioner, hindu religious and charitable endowments. though the names of three persons have been entered in the register as persons exercising the office of trustee in respect ..... to obtain possession of the temple and the temple properties from the plaintiff. at once the plaintiff sought the intervention of the deputy commissioner, hindu religious and charitable endowments board, madurai and prayed that no certificate for possession of the temple and its properties should be granted in favour of ..... in an action at any stage of the proceedings and that the invoking of such a defence cannot be trammelled by any other rule of law. of necessity the application of such doctrines of defence must have relevancy to the conduct of parties and cannot be worked out in vacuum ..... the deputy commissioner on the hearing day while the objector to the petition was present, the plaintiff, in view of the salutary principle of law laid down in order 9, rule 9, civil procedure code, is precluded from bringing a fresh action in respect of the same matter and that as .....

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Mar 07 1974 (HC)

The Commissioner, Hindu Religious and Charitable Endowments, Madras Vs ...

Court : Chennai

Decided on : Mar-07-1974

Reported in : AIR1975Mad167

..... sri kaliamman temple situate in andipatti village in periakulam taluk. 2. the case of the plaintiff was that the sri kaliamman temple which was an ancient institution was always being managed by a hereditary trustee and that it was the family of the plaintiff which was managing the temple and its affairs ..... committee to obtain possession of the temple and the temple properties from the plaintiff. at once the plaintiff sought the intervention of the deputy commissioner. hindu religious and charitable endowments board, madurai and prayed that no certificate for possession of the temple and its properties should be granted in favour of the ..... in uninterrupted management of the same for very many years. in the year 1939, the temple was declared to be an excepted temple by the hindu religious and charitable endowments board and while deciding the character of the temple the board had also determined the nature of the office of the trustee ..... party in an action at any stage of the proceedings and that the invoking of such a defence cannot be trammelled by any other rule of law. of necessity the application of such doctrines of defence must have relevancy to the conduct of parties and cannot be worked out in vacuum. ..... before the deputy commissioner on the hearing day while the objector to the petition was present, the plaintiff, in view of the salutary principle of law laid down in order 9, rule 9, civil p.c., is precluded from bringing a fresh action in respect of the same matter and that .....

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Jul 22 1974 (HC)

In Re: Karunakaran and anr.

Court : Chennai

Decided on : Jul-22-1974

Reported in : 1975CriLJ798

..... form first information report to the sub-magistrate. we make the following suggestions to ensure that the really guilty (legally proved to be guilty) may not escape the clutches of law and the really innocent may not be falsely implicated by the ingenuity of the prosecuting machinery.27. in, some instances we were not able to find out at what precise ..... advantage of this murder and implicate this second appellant and tamilarasan who are at large and who seem to give a lot of anxiety and trouble to the forces of law and order by fomenting agrarian trouble and class hatred but unfortunately exhibit p-l does not even speak of the words 'and others' or 'vagaira'., therefore, they have got to ..... of 1974) is accordingly dismissed.25. before parting with this case, we would like to observe that india is a land of freedom under law. even the crimes of naxalites must be legally proved before courts of law. we cannot treat or equate naxalites as hardened criminals and hang them on the merest production of flimsy and fabricated evidence. undoubtedly there is .....

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Jan 28 1974 (HC)

Ponnuswami Alias Kandasami Vs. State

Court : Chennai

Decided on : Jan-28-1974

Reported in : 1975CriLJ509

..... made out.31. in chinnappan udayar v. state 1956 mwn 805 : 1956 mwn 89, somasundaram, j. sitting with ramaswami goundar, j., reviewed the case law up to that stage, and held that, on the facts of that case there was other evidence, besides possession of the stolen articles, and that the offence ..... the act must have been done by the accused.26. in singaram in re : (1953)2mlj526 govinda (menon and basheer ahmed sayeed, jj. analysed the case law till then and observed:with due deference to the eminent judges who took part in kallam nara-yana v. king emperor. : (1933)64mlj88 and emperor v. ..... will be seen that our conclusions accord with the case law. in hanumant v. state of madh pra : 1953crilj129 the principles governing the appreciation of circumstantial evidence are restated thus:in dealing with circumstantial evidence the ..... layman would draw is also the inference which a court would draw. in this view of the matter it is really unnecessary to discuss the case law at any great length. suffice it to refer to some decisions of the supreme court and recent bench decisions of this court, chronologically, and it ..... has been convicted of murder of three persons (on three counts under section 302 of the indian penal code) and sentenced to the extreme penalty of the law, subject to confirmation by this court, he has also been convicted of an offence wider section 380 of the i p. c. (theft in a .....

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Jun 21 1974 (HC)

Mohammed KarimuddIn (Died) and ors. Vs. the State of Madras Represente ...

Court : Chennai

Decided on : Jun-21-1974

Reported in : (1975)2MLJ396

..... of certiorari to remove such an erroneous order, other features in this case broadly referred to above would enable the petitioner to succeed.17. the law of eminent domain enables the state to compulsory acquire private land. by such a statutory process the owner is deprived of his rights to own property ..... it is necessary to see and adjudge whether such a decision is made by a quasi-judicial tribunal or not and whether it is sustainable in law.16. apart from the apparent error in the impugned order which by itself is a ground for interference under article 226 of the constitution for ..... society itself, not from the artificial reservoir of parliament. as pointed out by a witty writer judge e. a. parry in the drama of the law, 'statutes' are only quoted. their disastrous effect on human happiness has made them rightly repellant to men of generous minds. even judges can scarcely hide ..... statutory board functioning under the madras state housing board, did not pass any resolution cancelling the scheme or avoiding the scheme in a manner known to law. the narrative of facts above discloses that it was purely on humanitarian considerations, but by totally ignoring the rights of the petitioner, that the ..... reliance was placed upon the observations of the select committee in paragraph 12 of the report dated 2nd february, 1893 for effecting the change in law and the circumstances under which the power under section 48 could be invoked. it is said in the report that experience has shown that the .....

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Nov 27 1974 (HC)

Eranthankandy Ponathil Sankaran Vs. Chirukandoth Mundayodan Narayani A ...

Court : Chennai

Decided on : Nov-27-1974

Reported in : (1975)2MLJ131

..... property. p.w. 1, the plaintiff's only witness, admitted in cross examination that there is a temple in the manikampoyil paramba, that it is an ancient temple, and that he did not know whether the temple belongs to mamkampoyil tavazhi. he also admitted that devaki and ramunni were paying the land revenue for ..... refer to the recent decision of this court in dhulabhai v. state of madhya pradesh : [1968]3scr662 , in which after an exhaustive discussion of the case law the legal position was summarised by the court speaking through hidayatullah, c.j., as follows:(1) where the statute gives a finality to the orders of the ..... may prefer a petition to the high court against the order on the ground that either body has decided erroneously or failed to decide any question of law. no such-self-contained hierarchy of tribunals has been provided in respect of the orders of the officers prescribed by the act for the maintenance of ..... arrears of rent, if any, payable, by a kudikidappukaran on the date of the commencement : of this act, whether the same be payable under any law, custom or contract or under a decree or order of court, shall be deemed to be fully discharged if he pays one year's rent or the actual ..... have the use and occupation of a portion of such land for the purpose of erecting a homestead ; or(ii) who has been permitted by a person in lawful possession of any land, to occupy, with or without an obligation to pay rent, a hut belonging to such person and situate in the said land ;and .....

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