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 : Gujarat
Reported in : (1978)19GLR4
..... , however, was different. at pages 297 to 299, the legal position has been considered in the light of the ancient texts of hindu law which leaned in favour of woman's proprietary capacity under the bombay law. it was, however, pointed out that the restriction of a widow's full ownership on what was inherited from her ..... of shares according to the fathers (i.e. per stirpes).the learned judge, therefore, observed that the share of their father, according to mayne's hindu law and the privy council must mean their father living at the time of the death of the paternal uncle. he added that it was not for that ..... 1886, 21 i.l.r. bombay, 285. it was only the daughter who was entitled to inherit absolutely from the mother or the father under the hindu law as prevailing in the presidency of bombay, and in the case of a daughter that estate passed to her own heirs in the event of her death ..... because in the memo of appeal of this court a ground had been raised that the trial judge was in error in saying that mayukh school of hindu law would override mitakshara in gujarat. it was, therefore, observed by their lordships as under:we find that the question that arose mainly whether the appellants are ..... appeal.2. mr. oza has raised three contentions:(1) that a childless widow was entitled to inherit absolutely as per the settled principles of hindu law and, therefore, no question arose of any reversion to the husband's heirs;(2) that the father of fakirchand had migrated from jalgaon and he took .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1974Guj4; (1973)GLR679
..... related to the case of partition amongst halai memons of bantwa and what was held therein was that no presumption can arise as to the existence of the hindu law of partition among ancient hindu converts to islam and that the burden should have been placed on the person alleging such a custom, but was wrongly placed on the other side. the ..... view of life prevailed in muli area. it is well recognised that hal memons of porbandar in saurashtra (kathiawar) follow in matters of succession and in heritance hindu law and not maheomedan law, differing in this respect from halai memons of bombay. daoodi and sulaiman bohras being adherents of the western branch of the ismailis have always been governed by mohammedan ..... presumption; (3) that this custom should however be confined strictly to cases of succession and inheritance; (4) and that if any particular usage. at variance with the general hindu law applicable to these communities in matters of succession, be alleged to exist, the burden of proof lies on the party alleging such special custom.'as observed therein:'these principles may ..... law. such custom must be ancient, certain and reasonable, and being in derogation of the general rules of law. must be construed strictly and it must be established by clear and unambiguous evidence. mere linguistic, territorial or political divisions will not be decisive. general statements quite impossible of contradiction to the effect that the muslim converts of a particular area are governed by hindu law .....Tag this Judgment!
Court : Gujarat
Reported in : 108ITR417(Guj)
..... its characteristics and should, therefore, be abolished. the power of free disposition of property is recognised in every system of law and it was time for hindu law to fall in line. probably the best solution would have been to abolish the ancient legal formulae of acquisition of right by birth and devolution by survivorship since the logical way was to assimilate the mitakshara ..... to deal with that case. 10. it may be pointed out that in commissioner of wealth-tax v. harshadlal manilal : 97itr86(guj) , it was held that under the ordinary hindu law when the property passes by intestate succession from father to son even though it was a self-acquired property of the father, in the hands of the son the property ..... his father are ancestral property in his hands as between himself and his male issues. it was also contended that under section 4(1)(a) of the hindu succession act, the provisions of hindu law would continue to apply for determining the nature of the property inherited by his son from his father qua his male issues. on behalf of the revenue it ..... of ram rakshpal, ashok kumar or as income from the separate property of ram rakshpal. the income-tax officer assessed it as the income of the hindu undivided family applying the well-recognised principle of hindu law that the property left by the grandfather in the hands of the father is ancestral property in which the grandson has a right by birth. it .....Tag this Judgment!
Court : Gujarat
Reported in : (1976)1GLR967; 112ITR851(Guj)
..... concept of a coparcenary and the rights of members of the family coparcenary property. the hindu law as laboriously developed by the anglo-indian courts in the light of certain basic concepts expounded by the ancient law givers, had acquired a degree of consistency and symmetry. the act in investing the widow ..... be allotted to a mother on a partition between her son and grandson the position has been thus stated in sir dinshaw mulla's commentary on hindu law, fourteenth edition, at page 405, article 317 : '(1) a paternal grandmother (father's mother) cannot herself demand a partition, but when ..... a notional partition takes place shortly before vraj priya's death, she could not be allowed a share twice over, namely, once under ordinary hindu law and again under the 1937 act. it is, therefore, clear that at the time of this notional partition as short time before vraj priya' ..... of statutory substituting of her interest in the coparcenary property in place of her husband, the right which the other coparceners had under the hindu law of the mitakshara school of taking that interest by the rule of survivorship remains suspended so long as that estate enures. but on the ..... tati, widow of madhusudanlalji had no right in the property of the joint family except her right of maintenance and residence, in accordance with ordinary hindu law and, therefore, the tribunal dismissed the appeal of the accountable person. thereafter, at the instance of the accountable person, the tribunal referred the .....Tag this Judgment!
Court : Gujarat
Reported in : (1991)1GLR454
..... a question of fact may be established by other evidence. even where there is no proof dedication, and it is generally so in the case of ancient hindu temples, the question whether the temple is public or private has to be decided from other circumstances from which an inference can be drawn and the ..... of the temple is that it should be used:(1) as of right,(2) for darshan, or(3) worship.private temples are known to hindu law and are not repugnant to hindu notions. in a private temple, people who visit the same for darshan, would not be refused or prevented, out of religious sentiment. it ..... course of time, cease to have the character of a private temple and, may, assume the character of a public temple.14. no doubt, the hindu law does recognise endowment to public temple as well to a private temple and it does not mean that whenever any property is endowed for the purpose of a ..... circumstance in such cases is the user by the public for a very long period without any let or hinderance. it is settled law that where all castes of the hindu public for centuries have been freely using a temple and have never been debarred from using it and there is no evidence that ..... so as to effectively adjudicate upon the controversy revolving round the character and nature of the temple.17. the important guidelines emerging from the settled case law on the point may be stated at this juncture. in other words, the following features and characteristics bear material role in determining and deciding the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2003Guj222; (2003)2GLR1395b
..... of the respondent to act of consummation amounts to impotency? impotency means inability to perform sexual act or inability to consummate the marriage.'ref. page 99-100 paras diwan, 'modern hindu law', 11th edition.27.3 in the aforesaid facts and circumstances of the case, i have considered the rival contentions of the parties and the decisions cited by the learned advocates ..... is still a controversy on the question whether the marriage of impotent person should be null and void or merely voidable. the reason seems to be this : just as under hindu law so under some other systems, impotency related to the physical capacity of the parties or incapacity to consummate the marriage, and if this capacity was lacking marriage was treated as ..... caused by the mental or physical condition which would render normal intercourse impossible though such mental condition may not amount to unsoundness of mind, insanity or idiocy.'(re.mayne's hindu law & usage, 13th edition, at page 207)27. 'a person is impotent if his physical or mental condition makes consummation of marriage a practical impossibility. impotency may arise on account of ..... a review of all these texts, it seems to be beyond doubt that the marriage of an impotent, whether a male or a female, is absolutely null and void under hindu law.'17. the learned counsel has relied upon the judgment of this court in the case of suvarnababen v. rashmikant chinubhai shah reported in air 1970 gujarat 43 has held in .....Tag this Judgment!
Court : Gujarat
Reported in : (2000)3GLR242
..... that factors like, intelligence, emotion, perception, orientation, judgment, capacity, understanding capacity to know, should be assessed in their absolute terms. the main anxiety of the court of law should be to understand as to whether the person, who has committed the act, would have committed the same act in same condition with average intelligence, rationale, emotion having ..... mr. peel. it was established that mac naughten suffered from paronoid delusions and was given acquittal on the ground of insanity. prior to that in england, english law accepted the theory of partial insanity under the concept of monomania, which means that a person may suffer from one delusion alone and may be normal in all other ..... collaboration between legal discipline which is, as such, deductive, doctrinal, authoritative, practical and psychiatry discipline, which is inductive, empirical, heuristic and theoretical has become imperative.34. both law and psychiatry focussed on human tendency, human culture, human behaviour and are concerned with consolidating and integrating societal norms and to understand, predict and control individual action, attitude, values ..... psychiatrist, under whose medical management, the accused received treatment.29. it is in this context, it would be appropriate, at this juncture to refer to the relevant case law relied on in course of the submissions made before us. prosecution witness no.1, rashma, brother of the accused, and prosecution witness no.2, vana, son of the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1978Guj13; (1977)GLR424
..... as subordinate in rank or even much lower and much weaker. but then, all the aforesaid mythology. speaking collectively thereof, has already' become part and parcel of hindu religion and is quite too ancient. what ever it is, it is that mythology which is being revered by the followers of hinduism. but, this aspect of the mythological part of the religion ..... other authorities' within art. 12 of the constitution. the learned judge held that the expression 'other authorities' would include all constitutional or statutory authorities on whom powers are conferred by law. the learned judge approached the question by observing (at p. 1353 of air):'does any amount of state help, however inconsequential, make an act something more than an individual ..... that 'untouchability' is abolished and its practise in any form is forbidden. the enforcement of any disability arising out of 'untouchability' shall be an offence punishable in accordance with law. article 23(1) provides that traffic in human b0ings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence ..... goes to his house. the brothers of birju thereafter arrange the marriage of satyavati with birju. the marriage is performedand birju and satyavati return home when her elder sisters-in-law deliberately cause inauspicious incidents to hap pen. thereafter both of them go on a pilgrimage of various places of santoshi mata. thereafter there are scenes of brahmani, laxmiji and .....Tag this Judgment!
Court : Gujarat
Reported in : 1961CriLJ469
..... a custom observed in a particular district derives its force from the fact that it has, from long usage, obtained in that district the force of law. it must be ancient; but it is not of the essence of this rule that the antiquity must, in every case, be carried back to a period beyond the memory ..... a few of which are 2 to 3 years prior to partition of 1947, cannot establish such a custom as referred to in section 3(a) of the hindu marriage act, 1955 as observed by the privy council in . we are not differing from the learned sessions judge on his appreciation of evidence. we hold that ..... to as the established governing rule of particular district.this case has been followed in bari rajeshwar v. tukaram lahanu : air1959bom54 . custom is defined in the hindu marriage act, 1955, in section 3(a) as a rule which having been continuously and uniformly observed for a long time, has obtained the force of ..... if either party has a spouse living at the time of the marriage. section 29 of the same act provi3es that nothing contained in the hindu marriage act shall be deemed to affect any right recognised by custom or conferred by special enactment to obtain the dissolution of the ..... place during the life time of the first wife. in the case of hindus, after the hindu marriage act of 1955, in view of the provisions in sections section 11 and 17 of the hindu marriage act any marriage, solemnized after the hindu marriage act, 1935 would be null and void, if it contravenes any of the conditions specified .....Tag this Judgment!