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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: punjab and haryana Page 1 of about 1,364 results (0.039 seconds)

Dec 19 1958 (HC)

Puran Chand Vs. the Official Liquidator, Simla Banking and Industrial ...

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 .....

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Feb 28 1961 (HC)

Labh Singh and Chanan Singh Vs. Superintendent, Nari Niketan

Court : Punjab and Haryana

Reported in : 1961CriLJ542

..... interests, it may be denied even to a parent.7. fosterage creates relationship which is re-cognised by law of civilised communities and in particular in societies where patriarchal principle had dominated. ancient hindu law recognised more than twelve kinds of sons and in all such cases the father had dominion almost of a ..... countries, the power of parens patriae vests in the state : vide bouvier page 2448. the same principles received recognition in the ancient hindu law. the ruling power was the supreme guardian of all minors whether the natural and legal guardians be living or dead : vide macnaghten's ..... as the father or as a close relation had the capacity to give him to another person in adoption. emphasis was, however, laid by the hindu law on a male child who according to the prevailing notions secured the parents against the torments of the next. the other notion was that the security ..... hindu law (4th edition page 88) : the ruling power, as the supreme guardian is represented by the courts of law.this power is paramount to even the rights of the parents: vide ram bunsee koonwaree v. soobh ..... kaur had no relatives in the world except the petitioner. it was alleged that the autherities in charge of nari niketan had no justification in law to keep gurmail kaur with them and the abducted persons recovery act had no application and moreover it has expired on 30th of november, 1957. .....

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Apr 19 1996 (HC)

Sh. Harbans Singh Vs. Hardayal Singh and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR544

..... judged opinion based upon his experience in life and not being influenced by extraneous consideration. the concept of making the will was unknown under the ancient hindu law as no name equivalent or pseudonymous to will has been traced either in sanskrit or in the vernacular languages. the absence of testamentary disposition ..... of the property under the old hindu law can be attributed to the joint family system and the custom of adoption prevalent amongst the hindus. the old joint hindu family system was considered to be inconsistent with the independent dominion over property and perhaps ..... it was the main reason to ignore the testamentary disposition. however with the growth, development and change of law regarding succession the power of hindu to create interests in property during his life time leads to the power to create interests in the property on his death. ..... from a pretty long time the testamentary power of a hindu has been recognised and he is authorised to make will regarding his self acquired property. such a right has got statutory sanction after the passing ..... judgments delivered by the apex court and the various high courts in the country. the origin of the will can be referred to ancient times as it is shown to be in existence as in babylon and assyria. it was considered that the idea of disposition by .....

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Aug 21 1959 (HC)

Khairati Ram and ors. Vs. Firm Balak Ram Mehr Chand and anr.

Court : Punjab and Haryana

Reported in : AIR1960P& H192

..... person, but it is not the sort of body which has a single entity as a juristic person. it derives its nature and characteristics from the ancient hindu law. its character alters with every death and birth in the family. it has not been defined in any statute and as far as we are at ..... the joint family. he was not entering the partnership as the agent of the joint family and his peculiar position is defined by the rules of hindu law. the latest pronouncement of the supreme court on the subject shows that only the karta and not the entire family becomes a partner when there ..... by the mutual agreement of all those who propose to carry it on. mulla lays down a similar proposition in paragraph 234 of his principles of hindu law, 12th edition, and observes that where a manager joins a partnership on behalf of the joint family, the partnership on behalf of the joint family, ..... mookerjee j. pointed out in sm. lilabati rana v. lalit mohan dey, air 1952 cal 499, that the proposition stated in paragraph 308 of maynes' hindu law was generally accepted. this paragraph which is based on a number of authorities states that where a managing member of a joint family enters into a partnership with ..... share in the joint family property. a manager cannot impose a new business on the adult members of the family. mayne observes in his treatise on hindu law, eleventh edition, paragraph 299:'the position of a karta or manager is sui generis; the relation between him and the other members of the family .....

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Feb 04 2010 (HC)

Mohinder Kaur Vs. Pargat Singh and ors.

Court : Punjab and Haryana

Reported in : (2010)158PLR742

..... sbantialal v. it commissioner, gujarat, after referring to a number of decisions on the subject and it was observed that it was recognized in ancient hindu law and due effect was given to the same. it was also held that a father was entitled to effect a partial partition of joint family ..... as follows: 48. learned counsel shri b. sharma has relied on paas dewan for clarification, and extract is quoted here.... no other proposition of hindu law is so well settled than that when a coparcener partitions from the joint family and takes away his share in respect of his own sons, son ..... same manner as he can dispose of his separate property.18. learned counsel for the appellant also referred to paras no. 321 and 322 of hindu law by mulla which read as under:321. what is partition.according to the true notion of an undivided mitakshara family, no individual member of that ..... the partition took place amongst his brothers is legally sound and sustainable. that, mitakshara school of hindu law governs the parties to the suit is not in dispute. since coparcenary under the mitakshara school of hindu law consists of the original owner and his male heirs up to the four degrees, the contention of ..... this wedlock.4. the pleaded case of the plaintiff was, that the parties were jat and therefore, governed by hindu law in the matter of alienation. the suit land was said to be joint hindu family, coparcenary property. defendant no. 1 with the intention of depriving, the plaintiff of his legitimate share, in .....

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Oct 31 1962 (HC)

Jaljodhan Singh S/O Pritha Singh and anr. Vs. Kirpa Singh S/O Nagahia ...

Court : Punjab and Haryana

Reported in : AIR1963P& H178

..... grounds on which the plea has been advanced do not carry conviction.10. the rule of res judicata has a very ancient ancestry. it was known to ancient hindu law as purva nyaya. the plea of former judgment has been illustrated in the text of katyayana thus, 'if a person though ..... defeated at law sues again, he should be answered 'you were defeated formerly' '. (see the mitakshara (vyavahara), bk. ii. ch. i., edited by j. r. ..... inter easdem personas esdem quaestio revocator, vel alio genere judicli.) this doctrine was adopted by the countries on the european continent which had modelled their civil law on the roman pattern. in france, the doctrine is known as 'chose jugee' -- thing adjudged. this principle of preclusion of relitigation, or the ..... has struck deep roots in anglo-american jurisprudence and is equally well-known in the commonwealth countries which have drawn upon the rules of common law. the doctrine of res judicata is recognised as a principle of universal jurisprudence forming part of the legal systems of all civilised nations. these ..... principles have found expression in the provisions of section 11 of the code of civil procedure, though they are not exhaustive of the law on the subject. the principle of res judicata also applies to matters on which the section is silent. broadly stated, the doctrine of res .....

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Mar 30 1982 (HC)

Vinod Kumar Sethi and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H372

..... how the mere factum of marriage would alter any such property right and divest her of ownership either totally or partially.25. now apart from the principle, the most ancient texts of hindu law have always been categoric that dowry, as commonly understood, was stridhana and thus in the exclusive ownership of the bride. it is unnecessary to go individually to the original ..... her or had been gifted to the husband alone or jointly to the couple. one finds nothing in the ordinary dictionary meaning of the 'dowry' and even in the ancient concept of hindu law with regard to the traditional presents given at the wedding which can possibly bar the exclusive ownership of the bride in such property. for instance jewellery meant for the ..... . gifts from sons and relations. vishnu does not make any specific mention of gifts made at the bridal procession.' in would be manifest from the above that from time immemorial hindu law has recognised the individual ownership of the wife with regard to the aforementioned articles of dowry and traditional presents given at the time of wedding. continued recognition of this fact ..... sources and the following summarization in the authoritative work of mulla on hindu law suffices notice:--'stridhana according to the smritis, that is, the sacred writings of rishis or sages of antiquity:--manu enumerates six kinds of stridhana:-- 1. gifts made before the nuptial .....

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Jan 31 1977 (HC)

Mst. Parmeshwari (Deceased) Represented by Her Legal Representatives V ...

Court : Punjab and Haryana

Reported in : AIR1977P& H141

..... existing concepts of stridhana exhibited so great diversity of doctrine on the point that it was no easy task to predict the precise legal position under the various rules of hindu law. the ancient texts attempted to enumerate the different heads of stridhana without any comprehensive definition, and with respect it may be stated that the later commentators did not, in any way ..... owners of property and not widows only. equally it has within its ambit property which was known as stridhan (with wide end variegated fetters thereon according to different schools of hindu law) as also property inherited by a female heir from female predecessors-in-interest and also that inherited from relations other than the husband. therefore, the specious argument sought to be ..... sources apart from the principal and the expressly enumerated ones.here again the end result in view was to confer absolute ownership as against the limited ownership under the preexisting hindu law.20. indeed it appears to me that the reliance on the language of the different clauses of the explanation ultimately boomerangs on the construction canvassed for on behalf of ..... , add to either the clarity or the uniformity of the law on the point. not only this but the restrictions imposed by hindu law on the proprietary rights of a woman both as .....

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May 23 1957 (HC)

Pt. Ram Parkash Vs. Smt. Savitri Devi

Court : Punjab and Haryana

Reported in : AIR1958P& H87

..... he takes a new wife. ramaswami j. examined this question in considerable detail in air 1954 mad 713 (k), and alter an elaborate citation of ancient texts came unhesitatingly to the conclusion that hindu law recognises that in certain cases including supersession by second marriage, the husband and wife should be excused from cohabitation.this excusing from cohabitation was deemed a justifying ..... this ancient rule is the measure known as the hindu married women's right to separate residence and maintenance act, 1946, which supplanted the hindu law with reference to the right of a wife to claim separate residence and maintenance. this act came into ..... change of public policy and lay down a new foundation of equality of husband and wife.6. the rule of hindu law that marriage contemplates the living together of husband and wife even after the husband has married a second time has been abrogated by statute. the first statutory innovation on ..... should be left only with stones. the legislature accordingly proceeded to enact a number of measures with the express object of emancipating married women from the liabilities which the hindu law attached to them with the object of enlarging their rights and with the object of protecting the wife from the importunities of the husband. these measures introduce a fundamental .....

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Jun 24 1948 (PC)

Mul Chand Vs. Small Town Committee and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H177

..... of a number of subsidiary issues is whether the debt incurred by churanji lal is tainted with illegality or immorality. the hindu law is based on principles of religion and morality. the ancient hindus seemed to think that if a person dies without paying his debts he commits a heinous crime the evil consequences ..... of standpoints. there is hardly any debt of which it can be said that it is not just that it should be repaid. but the hindu law in dealing with the pious obligation of the son does not look at the question from this point of view.the learned judge then examined the ..... also between all the other members of the family inter se. this view appears to me to be wholly misconceived. in mayne's treatise on hindu law the learned author observes as follows:separation in status, with all the legal consequence resulting therefrom, is quite distinct from de facto division into specific ..... belonging to the family can be proceeded against. my attention has been invited to section 325 (at p. 408) of mulla's principles of hindu law. in this compilation the learned author observes that once a member of a joint family has clearly and unequivocally intimated to the other members his desire ..... . bishen 123 p.r. 1879 which relates to this family, certain observations were made that agricultural brahmins in the punjab are not governed by strict hindu law, but this judgment cannot be regarded as binding on this court. the courts below have come to the conclusion, with which i find myself in complete .....

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