Skip to content


Judgment Search Results Home > Cases Phrase: ancient hindu law Court: guwahati Page 1 of about 324 results (0.033 seconds)

Jan 03 2006 (HC)

Rup Jyoti Das Vs. Beron Saikia

Court : Guwahati

..... the respondent prior to their marriage and in order to maintain the sanctity of the relationship of the man and wife, the parties herein were wedlocked following hindu rites and rituals, when marriage, according to ancient hindu law, being a sacrosanct and the word 'divorce' is being absolutely alien. despite love and affection which has been emanated by the conduct of the parties ..... that the judgment would be benefited if purity and sanctity of the institution of marriage vis-a-vis scope of divorce as mandated under old hindu law is highlighted herein and the same is accordingly discussed.(i) ancient textual concepts:3. in manusmriti, ix, p. 64-68, manu declared that due performance of religious rites, faithfully worship, performance yagnas, highest conjugal happiness ..... the lower caste. only in a very few high castes, divorce by custom has been available. the importance of customary divorce is accepted even after the reform and codification of hindu law of marriage. in some cases, marriage can be dissolved by mutual consent. under kautilya arthasasthra, marriage might be dissolved by mutual consent in case of unapproved form of marriage. ..... and inviolable union, but also an eternal union-a union which subsists not merely during this life but for all lives to come. derrett in his 'a critique of modern hindu law (1970) p. 287' candidly put 'the intention of the sacrament is to make the husband and wife one, physically and psychically, for a secular and spiritual purpose, for this .....

Tag this Judgment!

Aug 08 1996 (HC)

Commissioner of Income Tax Vs. Arun Kumar Jhunjhunwalla and Sons.

Court : Guwahati

..... of joint family may consist of ancestral property, joint acquisitions and of self-acquisitions thrown into the common stock. in fact, whatever be the school of hindu law by which a person is governed, the basic concept of an huf in the sense of who can be its members is just the same."however, in ..... last case cited by dr. saraf is bharath kumar d. bhatia vs. cit (supra). in the said decision, the karnataka high court observed as :"under hindu law the wife of a coparcener is certainly a member of the family. therefore, in the instant case, on the marriage of the assessee his wife became a ..... of an huf and not that of an individual ?"2. the facts may be stated as follows :the assessee is an huf governed by the mitakshara school of hindu law. the said assessee derived share of income from two firms, namely, pawan kumar arun kumar & ors. and h. u. textile, shillong. the share income ..... two male members."7. in ashok kumar ratanchand vs. cit (supra), it was held that :"the right of a hindu wife to be maintained by her husband was recognised from ancient times. the law has not been altered so far. that right has been given statutory recognition by the provisions of s. 18 of the ..... hindu adoptions and maintenance act, 1956. maintenance of a wife by her husband is a matter of personal obligation which attaches .....

Tag this Judgment!

Aug 08 1996 (HC)

Commissioner of Income-tax Vs. Arun Kumar Jhunjhunwalla and Sons

Court : Guwahati

..... saraf is bharath kumar d. bhatia v. cit : [1993]199itr190(kar) . in the said decision, the karnataka high court observed as (headnote) : ' under hindu law the wife of a coparcener is certainly a member of the family. therefore, in the instant case, on the marriage of the assessee his wife became a member ..... ancestral property, joint acquisitions and of self-acquisitions thrown into the common stock. in fact, whatever be the school of hindu law by which a person is governed, the basic concept of a hindu undivided family in the sense of who can be its members is just the same.'13. however, in the said ..... in ashoh kumar ratanchand v. cit : [1990]186itr475(ap) , it was held that (headnote) : 'the right of a hindu wife to be maintained by her husband was recognised from ancient times. the law has not been altered so far. that right has been given statutory recognition by the provisions of section 18 of the ..... family and not that of an individual ?'2. the facts may be stated as follows : the assessee is a hindu undivided family governed by the mitakshara school of hindu law. the said assessee derived share of income from two firms, namely, pawan kumar arun kumar and others and h. u. textile ..... hindu adoptions and maintenance act, 1956. maintenance of a wife by her husband is a matter of personal obligation .....

Tag this Judgment!

Aug 08 1996 (HC)

Commissioner of Income Tax Vs. Arun Kumar Jhunjhunwalla and Sons.

Court : Guwahati

Reported in : (1997)138CTR(Gau)63

..... of joint family may consist of ancestral property, joint acquisitions and of self-acquisitions thrown into the common stock. in fact, whatever be the school of hindu law by which a person is governed, the basic concept of an huf in the sense of who can be its members is just the same.'however, in ..... last case cited by dr. saraf is bharath kumar d. bhatia vs. cit (supra). in the said decision, the karnataka high court observed as :'under hindu law the wife of a coparcener is certainly a member of the family. therefore, in the instant case, on the marriage of the assessee his wife became a ..... of an huf and not that of an individual ?'2. the facts may be stated as follows :the assessee is an huf governed by the mitakshara school of hindu law. the said assessee derived share of income from two firms, namely, pawan kumar arun kumar & ors. and h. u. textile, shillong. the share income ..... two male members.'7. in ashok kumar ratanchand vs. cit (supra), it was held that :'the right of a hindu wife to be maintained by her husband was recognised from ancient times. the law has not been altered so far. that right has been given statutory recognition by the provisions of s. 18 of the ..... hindu adoptions and maintenance act, 1956. maintenance of a wife by her husband is a matter of personal obligation which attaches .....

Tag this Judgment!

Jan 11 1999 (HC)

State of Assam and ors. Vs. Md. NizamuddIn Ahmed

Court : Guwahati

..... was that the authority of king was subordinate to that of the law. it was not different during british rule. the courts leaned in favour of holding the state ..... (g. p. verma -- state liability in india). it was said by brihaspati where a servant commissioned by his master does any improper act, for the benefit of his master, the latter shall be held responsible for it.' even during muslim rule the fundamental concept under muslim law like hindu law ..... manu, it was the duty of the king to uphold the law and he was as much subject to the law as any other person. in the vedic period kingship was purely secular institution. ancient indian philosophers were not prepared to recognise the divinity of the unworthy kings' ..... protest peccarc' that is the king can do no wrong had no place in ancient india or in medieval india as the kings in both the period subjected themselves to the rule of law and system of justice prevalent like the ordinary subjects of the states. according to ..... or a contract is entered into, in the exercise of powers usually called sovereign powers, by which we mean powers which cannot be lawfully exercised except by sovereign, or private individual delegated by a sovereign to exercise them, no action will lie.' and, naturally it follows that .....

Tag this Judgment!

Feb 08 1982 (HC)

Smt. Tarulata Devi and ors. Vs. Nikhil Bandhu Mishra and ors.

Court : Guwahati

Reported in : 1982CriLJ1665

..... valid. however, i add that the 1st party should be entitled to possession of the disputed land until evicted therefrom in due course of law and forbid all disturbances of such possession until such eviction with a direction that the order shall be served and published in the manner laid down ..... executive magistrates are concerned. but the main purpose of the judicial institution is to give quick and effective justice, of course if permissible under the law.8. i called upon the parties to satisfy me as to whether the dispossession was wrongful or rightful. i have heard the learned counsel for ..... right to possess the subject of dispute. accordingly the learned magistrate declared possession in favour of the 1st party until evicted therefrom in due course of law.4. being aggrieved by the order the petitioners 2nd party preferred a revision before the sessions judge, cachar at silchar who set aside the order ..... order did not comply with the requirements of section 145(1) and was without jurisdiction. this reasoning would mean that if a party takes the law into his, hands and deprives forcibly and wrongfully the other party of his possession and completes his act of dispossession, the party so dispossessed cannot ..... a magistrate to issue a declaratory order in favour of the party that he is entitled to possession "until evicted therefrom in due course of law". the magistrate does not decide or purport to decide a party's title or right to possession of the land as these areas are especially .....

Tag this Judgment!

Feb 08 1982 (HC)

Smt. Tarulata Devi and ors. Vs. Nikhil Bandhu Mishra and ors.

Court : Guwahati

Reported in : 1982CriLJ1665

..... valid. however, i add that the 1st party should be entitled to possession of the disputed land until evicted therefrom in due course of law and forbid all disturbances of such possession until such eviction with a direction that the order shall be served and published in the manner laid down ..... executive magistrates are concerned. but the main purpose of the judicial institution is to give quick and effective justice, of course if permissible under the law.8. i called upon the parties to satisfy me as to whether the dispossession was wrongful or rightful. i have heard the learned counsel for ..... right to possess the subject of dispute. accordingly the learned magistrate declared possession in favour of the 1st party until evicted therefrom in due course of law.4. being aggrieved by the order the petitioners 2nd party preferred a revision before the sessions judge, cachar at silchar who set aside the order ..... order did not comply with the requirements of section 145(1) and was without jurisdiction. this reasoning would mean that if a party takes the law into his, hands and deprives forcibly and wrongfully the other party of his possession and completes his act of dispossession, the party so dispossessed cannot ..... a magistrate to issue a declaratory order in favour of the party that he is entitled to possession 'until evicted therefrom in due course of law'. the magistrate does not decide or purport to decide a party's title or right to possession of the land as these areas are especially .....

Tag this Judgment!

Jun 25 2008 (HC)

Dhebua Rajowar Vs. State of Assam

Court : Guwahati

..... stated that he heard from the deceased that the accused was mentally unsound. but nobody has said that the accused was insane at the time of commission of offence. the law relating to exception under section 84 ipc has been eleborately dealt with by this court in the case of state of arunachal pradesh v. tadon tatik reported in 2004 (1 .....

Tag this Judgment!

May 14 2003 (HC)

Pulu Mura Vs. State of Assam

Court : Guwahati

..... citizen by convicting him and making him suffer a sentence of imprisonment. award of punishment following conviction at a trial in a system wedded to the rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecuted is given ..... accused, by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. the crucial point of time for ascertaining the state of mind of the accused is the time when the offence was committed. whether the accused was in such ..... the nature and quality of the act or omission, or as not to know that what he was doing was wrong, then such a person is not in law responsible for his act.the question whether a prisoner, at the time when he committed an act or made an omission, was or was not insane so ..... submission of the learned counsel for the appellant on the above report and were of the view that this report does not help us much.in halsbury's laws of england insanity has been defined as follows:'insanity. where it can be shown that a person at the time of his committing or omitting an act, ..... doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.'8. let us, first of all, examine the material/evidence as regards the plea of insanity. the father of the accused siva mura, (p.w. 1) .....

Tag this Judgment!

Jun 18 2013 (HC)

Ghana Gogoi Vs. the State of Assam

Court : Guwahati

..... , or illustration. ? 39. the fundamental principle, which runs through all the general exceptions, is that every man is presumed to know the consequences of his acts or omissions; but law recognizes certain circumstances, as provided under the general exceptions, whereunder the presumption of knowledge and intention is done away with or, at least, relaxed. 40. now, so far as a ..... to the extent of rebutting the presumption only. undoubtedly, rebutting of presumption is lighter, or easier, than proving a case beyond reasonable doubt. 44. notwithstanding, therefore, the presumption, which the law binds the court to raise against an accused, when an accused takes the plea of insanity, the burden of the accused goes to the extent of merely rebutting the presumption ..... majority held a contrary view that since the fundamental principles of criminal jurisprudence, in england and india, remain the same, it would be inappropriate to escape from the principle of law laid down in the case of woolmington (supra). 71. a careful analysis of the two contrasting opinions, in parbhoos case (supra), would show that the majority view undertook a ..... the burden under section 105 by preponderance of probabilities in favour of his plea. in case of general exceptions, special exceptions, provisos contained in the penal code or in any law defining the offence, the court, after due consideration of the evidence in the light of the above principles, if satisfied, would state, in the first instance, as to which .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //