Court : Kolkata
Decided on : Sep-17-1974
Reported in : AIR1975Cal118
..... by vachas-pati misra (particularly for the mithila school of hindu law), raghunandan on his udbahatawitta, risley's tribes and castes of india and law and customs on hindu castes by arthur steel.4. out of the eight kinds of marriage laid down by the ancient hindu law givers, four only were in approved forms viz., brahma ..... the fifth and the seventh from the mother and from the father respectively. so that is how the ancient law givers of india directed a groom to choose his bride. marriage, according to hindu law was sacred and it is the religious duty of the father to give his daughter in marriage to ..... prayer (c) may be referred to which is a prayer for mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his lifetime cannot merry any other girl. this shows that the admitted case of the ..... according to gandharva form. there was also a prayer for a mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his life cannot marry any other girl.16. the learned judge declared the marriage of ..... disuse in west bengal are not altogether obsolete in all the states of india, and particularly between the parties governed by the mithila school of hindu law. (ii) a marriage in gandharva form may be completed by the performance of ceremonies, other than homa and saptapadi where it is allowed .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-17-1974
Reported in : AIR1974Cal380,(1975)1CompLJ30(Cal),79CWN9
..... have been given by his lordship in taking this view may be stated in brief as follows:9. according to notion of ancient hindu law-givers, a wife acquired from the moment of her marriage, a co-ownership in her husband's property by reason of her being the ..... whether a congenitally blind person was excluded from succession. in that context. trotter, j., observed that it must be regarded as an unabrogated rule of hindu law that a congenitally blind person was excluded from succession and that it could not be described as absolute in any other sense than that of being repugnant ..... in allotting a share to the wife or the mother is that which she had received from her husband or her father-in-law. he submits that the hindu law not having recognised any other kind of stridhana or any other source from which the wife or the mother receives a stridhana or separate ..... she is already in possession of property which is sufficient for her maintenance, it will be against the said object and consequently, against the rule of hindu law to give her a further share on partition in lieu of her maintenance, no matter from whichever source she has received the property.11. we must ..... . the principal defence of lekharani is that purnasashi having inherited an undivided l/4th share of her deceased son siddheswar as his sole heiress under the hindu law, she is not entitled to any residence or maintenance. she denies that purnasashi is entitled to a further share in the joint properties on partition thereof .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-20-1974
Reported in : AIR1975Cal109,78CWN448
..... it stands in a different footing, it must be enough, if it is established that the spouse understands the implication of marriage. under the hindu law, the spouse must not be an idiot or lunatic at the time of marriage. the degree of lunacy or idiocy has not been mentioned in ..... to above the petitioner took three-fold grounds. firstly, it was prayed for a declaration annulling the marriage under section 12(1)(c) of the hindu marriage act on the ground that the consent of the husband for the marriage was obtained by fraud. according to the husband the wife was suffering from ..... chandrakona. kiabani is the village where the uncle of the respondent resides. according to both parties the marriage was celebrated in that village in accordance with the hindu rites. from the evidence of p. w. 1 the following facts have transpired, that the father of the respondent did not attend the marriage and the ..... a decision of the bench presided over by my learned brother and myself. it has been held therein that 'in the absence of statutory definition in the hindu marriage act 1955 as to what is lunacy or who is a lunatic person, lunatic must be taken in its ordinary significance i.e., a person suffering ..... the respondent are both hindus by religion. they were married on the 8th march, 1967, at kiabani a village in the district of midnapore, according to hindu rites. both the parties hailed from the same district. the husband's village is at tatarpur about 25/30 miles from kiabani. the respondent and her .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-10-1974
Reported in : AIR1975Cal260,79CWN332
..... maintenance. the order is not made under section 151 of the civil p. c. the order is made in a suit with reference to the provisions of hindu law and the provisions of the 1956 statute.' in paragraph 7 of the judgment, a. n. ray, j. said : 'if a claim is denied ..... be maintained by her husband during her life time.'9-10. this is merely a statutory recognition of the age-old principle of the traditional hindu law that a husband is liable to maintain his wife throughout her life. if the husband is under an obligation to maintain his wife throughout her ..... 19 of the judgment, ray, j., observed that the power of the court to grant maintenance is derived from the hindu adoption and maintenance act 1956 as also the general provisions in hindu law and said 'the power of the court does not flow from section 151 of the code of civil procedure. section ..... encroach upon substantive rights in an interlocutory application upon matters which await adjudication in the suit.20. the learned judge further observed :'section 18 of hindu adoption and maintenance act does not authorise the award of interim maintenance pending decision of the claim to maintenance in contest in the suit. the ..... act primarily relate to marriage and not to maintenance. it was therefore necessary to provide expressly for maintenance or alimony pendente lite in those statutes. the hindu adoption and maintenance act relates primarily to adoption and maintenance. sub-section (1) of section 18 of the act provides as follows :--'18(1). .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-14-1974
Reported in : AIR1974Cal193
..... by reason of one of the clauses of the policy. subject to the necessity for a careful scrutiny of the terms of the arbitration clause, the law applicable to these two classes of cases is, i think, clear enough.'11. from those observations and principles laid down by the highest authorities in ..... perhaps what lord sumner meant was that the company had somehow prevented the possibility of an arbitrator awarding damages if liability were established. it is familiar law that a party who has prevented fulfilment of a condition precedent cannot set up the fact of its non-fulfilment. it is, however, enough ..... if established, relieved them from liability under the terms of the policy, repudiated the contract i do not think that it can be regarded as good law, nor is it consistent with the later authorities which i have cited. lord sumner, in macaura v. northern assurance co., 1925 ac 619 at p ..... of their high au-thority, are entitled, to the most careful consideration, but, with all respect, i do not think they constitute pronouncements of law by this house such as to be binding upon your lordships.'after discussing all the principles involved in repudiation of a contract the effect of the arbitration ..... respondent. thereafter it is alleged by the respondent that upon review of all the circumstances the respondent by its letter dated the 16th of february, 1973 lawfully rejected the claim of the alleged loss of the cargo of the petitioner. the said letter dated the 16th of february, 1973 is set out .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-03-1974
Reported in : AIR1975Cal137
..... make it clear that the defendant respondent would be entitled to realise the remaining outstanding dues from their customers if not otherwise barred and not permissible in law. 51. the appellant would get from the respondent costs of this appeal, the hearing fee being assessed at thirty gold mohurs. the defendant respondent company ..... an appeal was then pending before the learned district judge. in the instant case not only no question of law is involved on the second paragraph of the amendment, but the set up is different. 43. the seventh and the last case cited by mr. ..... rajammal v. kannammal, : air1950mad695 . in my view though this case helps the applicant to a certain extent, it relates to an important question of law relating to un-chastity and not to facts at all. the madras high court did not decide the said complicated question in a civil revision proceeding because ..... : air1950all396 . this is again on the footing of an intervening act -- a subsequent event relating to the definition of accommodation. it was a change in law and the party was entitled to file a written statement which is not the case here. 40. the fourth decision was a decision of the privy council, ..... records and evidence therein and the award and the judgment upon award.' 35. so far as paragraph 18-a is concerned it is a pure question of law but it was never argued. no issue was framed. so far as the statement of fact in 18-b is concerned, namely, to the effect .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-30-1974
Reported in : AIR1975Cal243,79CWN157
..... evidence on behalf of the respondent was not acceptable, can it be said that the petitioner has proved his case, as pleaded?28. the principles of law have been stated from rival points of view with ability and force before this court. much emphasis was laid by mr. sarkar and mrs. pal on ..... that there was an inclination and opportunity yet the court accepted the verbal testimony of the respondent. it was held that there was no rule of law that evidence of conjunction of inclination and opportunity must raise presumption that adultery has been committed. the sworn testimony of the wife and other gentlemen were accepted ..... a case reported in : 1974crilj307 in which acceptance of such evidence was held to be not illegal but inadvisable. the other authorities relied on were halsbury's laws of england, volume 12, page 238 and sopwith v. sopwith, reported in 164 er 1509 (1510) for the proposition that the court looks with suspicion on ..... to stay for a period. the question of jurisdiction in this case seems to be a difficult one. after going through the maze of varying case laws and specially in view of the supreme court eschewing a rigid formulation of the word residence and on the basis of the facts of this case -- on ..... after hearing the arguments the court comes to a finding in favour of the petitioner as to the factum of stay.10. as regards the position in law it appears that the rationale of the decision in (1899) 3 cal wn, 250 is that jurisdiction is to be rejected when there is more .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-30-1974
Reported in : AIR1976Cal189,80CWN193
..... have issued the said authorisation dated the 24th of october, 1973 and letter dated the 29th of october, 1973 without taking recourse to due process of law. as admitted from the facts it appears that the premises no. 19 phears lane, calcutta is an enemy property within the meaning of the defence of ..... of the alleged purported deed of lease dated the 20th of february, 1955. he submitted that without due process of law the said act, is illegal and violative of the fundamental rights of the petitioners who ere admittedly in possession of the said structures on the said ..... as the owners of the structures of the said land for a long time and as such the respondents should have taken appropriate steps under the law for removal of the structures on the land and for getting declaration that the structures were forfeited to mussamet bokhtan begum and md. shafiq in terms ..... october, 1973 are clearly violative of the principles that nobody can take possession of any property or deprive any one of his proprietary right without due recourse to law. he relied on the supreme court decision in bishan das v. state of punjab, : 2scr69 . he analysed the facts as disclosed from the ..... a premises no. 19, pheares lane (formerly known as chunamgully) hereinafter refer-red to as the said 'premises' belonged to the estate of one benoy madhab law. on the 8th of february, 1927, the executrix of the said estate leased out the said premises (a vacant plot of land) to one haji allah .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-21-1974
Reported in : (1975)ILLJ239Cal
..... language used by the legislature and in this connection reference may be made to the observations appearing at pages 142 and 143 of craies on statute law, 7th edn. we may also refer to the object of the later legislation which was inter alia, to provide employees with some additional benefits ..... exceed 48 hours a week, the statute did not provide for calculating any overtime allowances. counsel, urged that such wages, if any, payable under the law should be determined in accordance with the bargain between the parties, as mentioned before the real question, therefore, is whether section 13 when it speaks; ..... statute would not operate, in support of the contention that a proviso of this nature should be so construed, counsel relied on craies on statute law, 7th edn. pp. 218 and 219. counsel further submitted that if that was the effect of section 7(2), then under section 13 when ..... the other hand, it appears that the question of overtime allowance that the appellant is entitled to does not involve either any complicated question of law or fact or does not involve any question of adjudication of rights of the parties to get overtime allowances then in such a case mere ..... quashed the order dated february 6, 1968. the learned judge held that inasmuch as determination of the question before the referee involved complicated questions of law and fact the referee under the west bengal shops and establishments act, 1963 was not competent to entertain the application and adjudicate the dispute. he .....Tag this Judgment!