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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: rajasthan Page 1 of about 667 results (0.073 seconds)

Aug 16 1967 (HC)

Mst. Bhuri Bai Vs. Mst. Champi Bai and anr.

Court : Rajasthan

Reported in : AIR1968Raj139

..... amelioration of the lot of the females. it may also be mentioned that even on matters other than succession the defects in the hindu law were being emphasised. thus, there has been a movement for changing the ancient hindu law for a more equitable, consistent and coherent system of jurisprudence. omitting details of this movement and the steps towards codification of the ..... hindu law, i may at once observe that the hindu succession act is one of the acts which came into existence in consequence of this movement, ..... matter of succession and inheritance is the comparative scant regard for the females. under the hindu law a few females could claim inheritance and even if they inherited, they acquired only limited rights. whatever justification may have been for this position in the ancient and medieval conditions, the position could not be tolerated in the modern age of social ..... agricultural holding and securing consolidation and for the purposes of fixing ceilings and devolution of tenancy rights in respect of such holdings. such legislation had some indirect effects on the hindu law of succession. apprehending that clause (b) might be construed as adversely affecting such legislation, the legislature introduced sub-section (2) in section 4 of the act to .....

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Sep 09 2002 (HC)

Vikas Soni Vs. Malaviya Regional Engineering College

Court : Rajasthan

Reported in : AIR2003Raj158; 2003(1)WLC793

..... prasad tiwari (air 1921 pc 53) of the privy council has held that 'sons' in mitakshara chapter ii 6(1) includes a grandson. in the ancient hindu law, twelve sons are mentioned by the truth-seeing sages all of whom need not be mentioned here. the attempt only is to indicate that the term 'son ..... firm view that the judgments referred by learned counsel for the respondents are not applicable to the instant case and in view of the provisions of hindu adoptions and maintenance act and in view of section 32, sub-clause (74) of rajasthan general clauses act, 1955 and in view of the ..... counsel for the parties and after careful examination of the material available on the record as well as provisions of rajasthan general clauses act, 1955 and hindu adoptions and maintenance act as well as the judgments referred by the respective parties.35. in the present writ petition, sole controversy is that petitioner ..... in which it is used. even illegitimate son may be treated as legitimate, as for example, the 'son' referred to in section 16 of the hindu marriage act, as originally enacted.24. in the instant case the petitioner has been adopted by the grand mother from the early years and petitioner is ..... son.'12. he also referred words and phrases--'son'.'son', in the case of any one whose personal law permits adoption, shall include an adopted son.13. in support of section 12 of the hindu adoptions and maintenance act learned counsel for the petitioner established its case. section 12 reads as under :an .....

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Aug 31 1992 (HC)

Nathulal Jain, Advocate and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1994ACJ1271; AIR1993Raj149; 1993(3)WLC477

..... legal and constitutional history of india' vol. i, 1984 at page 279, the ancient hindu law, differentiating between the civil wrongs and crimes, has been discussed as under:'as pointed out in the topic on crimes, the ancient 'hindu law made a clear distinction between civil wrongs and crimes. action for damages for loss ..... be no tortuous liability for acts of government servants while discharging their sovereign functions.7. i have heard learned counsel for the parties.8. hindu-muslim conflict became a regular feature of indian life. this was the feature which troubled mahatma gandhi and many other political leaders of the ..... what justice requires. interpretation does, of course, imply in the interpreter a power to choice where differing constructions are possible. but our law requires the judge to choose the construction which in his judgment best meets the legislative purpose of the enactment.... only if a just result ..... the petitioner has made a prayer for grant of mandamus which has been quoted above. mandamus is a command issuing from a court of law in the name of state or sovereign, directed to some inferior court, requiring the performance of a particular duty therein specified. mandamus is ..... violent disorder. in order to establish convention the conduct must be 'tumultuous' as well as 'riotous'.20. the violent disorder offence replaced the common law offence of unlawful assembly. this offence required (1) an assembly of three or more persons (2) a common purpose (a) to commit a .....

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Mar 23 1974 (HC)

Rameshwari Vs. Kirpashanker

Court : Rajasthan

Reported in : AIR1975Raj28; 1974(7)WLN308

..... up a separate matrimonial home.' 9. in my respectful submission such notion cannot be imported while interpreting the provisions of the hindu marriage act which has made a radical departure from the ancient hindu law of marriage which did not recognize divorce and under which marriage was an indissoluble tie. i do concede that proceedings under section ..... submit that i do not subscribe to the following observations made by the learned judges: 'besides, even in normal circumstance a hindu wife is not expected to go to her father-in-law's place unless escorted by the husband or any other responsible member of the husband's family. in any event, either the ..... order of the district judge, ganganagar, dated march 7. 1973, whereby the learned judge allowed the respondent's petition for divorce under section 13 of the hindu marriage act. 1955 (hereinafter referred to as 'the act') and dissolved the marriage of the respondent with the appellant by a decree of divorce on the ..... being asked to do so by the father-in-law or the mother-in-law or the husband. even if nothing unpleasant happened in ..... husband or the father-in-law or the mother-in-law sends a message to the paternal home of the wife for the return of the wife to her father-in-law's place. it is not usual for a hindu wife to go to her father-in-law's place of her own accord without .....

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Jul 30 1970 (HC)

Dhani Bai and ors. Vs. Neem Kanwar and ors.

Court : Rajasthan

Reported in : AIR1972Raj9

..... any member of the fami-1y of that father. their lordships on a consideration of various books on hindu law and ancient texts on hindu law repelled the contention and held that 'the natural mother of a hindu adopted into another branch of his family by the nitya dwvamushvavana form of adoption does not on account ..... become obsolete in madras on the east coast. therefore, an adoption in that form is not now valid. several forms and practices in the ancient texts of hindu law have been abandoned in later times. in other words, they have become obsolete. it is idle to seek to revive them now when we ..... advanced and developed modern social and ethical standards and outlook. the dwvamushvavana form of adoption was never recognised by mitak-shara. the ancient texts or source books of hindu law did not recognise dwyamushvayana now recognised in parts of bombay state and state of uttar pradesh. this form of adoption seems to ..... absolutely necessary to the validity of an adoption, although no particular form is required as far as giving and acceptance are concerned. all that hindu law requires is that the natural parent shall be asked by the adoptive parent to give his son in adoption and that the boy shall be ..... the kshetraia. i.e., the son begotten by a person on the wife of another person. and this species of son is now obsolete in hindu law.' it is true that kshetraia form of adoption has become obsolete, but dwvamushvavana form of adoption in the present form has been recognised by many courts .....

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Dec 11 1996 (HC)

Radhey Shyam and ors. Vs. Meera Devi and anr.

Court : Rajasthan

Reported in : II(1997)DMC581; 1997(1)WLC567

..... inherited and pos- sessed by her as the widow of a deceased coparcener. the progressive develop- ment of hindu law thus emphatically refutes the speculative theory and unchari- table objection of sir henry maine, author of ancient law, and some of his contemporaries who unmindfully objected that hindu law was static or staid or 'a mere phantom of the brain imagined by the sanskritists without ..... a hundred misdeeds', says manu as cited at the mitakshra. this famous saying from the ancient and original law given, who is reverently called the first patriarch or the first expositor of hindu law, indicates the depth and extent of the normal obligation of a hindu son, a hindu husband and a hindu father to maintain his parents, wife and minor child. the liability of a ..... law and lawyer without sanskrit' or merely the ideal picture of that which in the view of brahmins, ought ..... period of the memory of the human race, gives a befitting answer to the unmerited and unjustified criticism and re-affirms that the way of family life, propounded by the hindu law for a civilized society, accords with the very nature and psychology of human race.14. the provisions contained in chapter ix of the code of criminal procedure, 1973, .....

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Nov 10 1953 (HC)

Raj Sahiban Shersingh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1954Raj65

..... system can be traced to very old practices of farming and systems of land revenue in ancient, mediaeval and in early british periods..' 62. after referring to certain ancient bosks of buddhists, the learned author says : 'the hindu law books of the period also refer to non-cultivating landlords getting tlieir lands cultivated against a ..... that 'the king's share of agricultural produce called 'bah1' varied from 1/12, 1/10, 1/8, 1/6 upto 1/4, in the hindu period, though 1/6 was common and 1/4 rare, and under the moslem rule, the share was raised, varying from 1/3 to 1/2 of ..... land revenue commission of 1940, has mentioned at page 170 of the report of the land revenue commission bengal, volume ii, 'the share in the hindu system varied between 1/6 and 1/4 of the produce, 1/4 being exceptional. in moslem india, the usual rate was raised and varied from ..... observes as follows at page 30: 'besides the above evidence regarding existence of produce-sharing as an ancient method of cultivation of lands it is also reflected in the sys-tem of land revenue both under the hindu and the moghul administration. the king's share of agricultural produce called ball varied from, 1/12 ..... being merely an amending act, became invalid also. 4. secondly, it is urged that the two acts violated the principle of equal protection of the laws enshrined in article 14 of the constitution and discriminated in favour of tenants as against landlords. there is further discrimination inasmuch as landholders in settled areas, .....

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May 09 1996 (HC)

Controller of Estate Duty Vs. Radhey Shyam

Court : Rajasthan

Reported in : [1998]230ITR362(Raj)

..... make fundamental changes in the concept of a coparcenary and the rights of members of the family in 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 of a member of a ..... . 14. however, the concept of coparcenary, as expounded by the ancient law givers, has undergone a sea change as a result of the coming into force of the hindu women's right to property act, 1937 (for short 'the 1937 act'), and the hindu succession act, 1956. by these two enactments, the hindu law relating to devolution of property under certain circumstances stood materially or ..... in place of her husband, she is introduced in the coparcenary whose attributes are community of interest and unity of possession. the right which the other coparceners had under the hindu law of taking that interest by the rule of survivorship remains suspended so long as the estate enures. on the death of a coparcener, there is no dissolution of the ..... all of them. their interests are fluctuating, capable of being enlarged by deaths and liable to be diminished by birth of sons of coparceners. 13. conceptually speaking, property, according to hindu law, may be divided into two classes, namely, (1) joint family property or coparcenary property, and (2) separate property. separate property of coparceners thrown into the common coparcenary stock and .....

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Mar 31 1959 (HC)

Gopal Vs. Mst. Kallu

Court : Rajasthan

Reported in : AIR1960Raj60

..... judgment in the case of air 1954 mad 713 has cited various texts to show that under the pure hindu law a superseded wife has a right of separate residence and maintenance against her husband, but the ancient writers are equally emphatic on the duty of the wife to live with the husband. dr. n. c ..... deserts him without sufficient cause, she cannot claim maintenance while living separate from her husband. (see gopalchandra sarkar, sastri's hindu law, 7th edition, page 173).9. this being the state of law before the coming into force of the act, it may be taken that the act was not declaratory in so far as ..... to follow the husband as his shadow and she had no right to separate residence. though the ideal rule in hindu society has always been that of monogamy yet strictly speaking according to the hindu law, polygamy was not forbidden. polygamy was not practised except on the barrenness of the first wife. the evil had ..... section 2 of the act which gives the grounds for granting separate right of residence and maintenance runs as follows:'notwithstanding any custom or law to the contrary a hindu married woman shall be entitled to separate residence and maintenance from her husband on one of the following grounds namely,--(1) if he is ..... . sen gupta in his evolution of ancient india law has observed as follows:'the mantras in the rigveda and in the grihya-sutras also emphasise the duty of steadfastness and fidelity of the .....

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Sep 27 1949 (PC)

Deepsingh and ors. Vs. Jorsingh and ors.

Court : Rajasthan

Reported in : AIR1950Raj14

..... the finding arrived at by the trial court is entirely erroneous if not perverse.5. it is settled law that a custom derogatory to the hindu law in order to be valid, must be proved to be ancient, certain and reasonable and should be construed strictly. it is essential that it should be established to be ..... in the particular family as aforesaid.7. it is again well settled that the burden of proof of a custom derogatory to the hindu law lies upon the person who sets up the same and therefore, the burden of proof of the custom alleged by the plaintiffs in this case lay ..... no son, grandson or great grandson (natural or adopted) living at the time of adoption. none of the disqualifications which may bar adoption according to hindu law are alleged by the plaintiffs in this suit, but the right of adoption by balsingh is denied on the sole ground of the existence of a custom ..... any person in adoption. the defendants, deepsingh and moolsingh by their separate written statements denied the alleged custom and urged that the adoption was according to hindu law and marwar rajput adoption rules and the deed had been duly registered and the adoption was quite valid. only one issue was framed which though not ..... of antiquity and certainty on which alone its legal title to recognition depends.6. the parties are hindus and according to hindu law, every male hindu, subject to the provisions of any law for the time being in force who is of sound mind and baa attained the age of discretion may .....

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