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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: rajasthan Year: 1974 Page 1 of about 14 results (0.020 seconds)

Mar 23 1974 (HC)

Rameshwari Vs. Kirpashanker

Court : Rajasthan

Decided on : Mar-23-1974

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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Nov 01 1974 (HC)

Chand NaraIn Gautam Vs. Smt. Saroj Gautam

Court : Rajasthan

Decided on : Nov-01-1974

Reported in : AIR1975Raj88; 1974(7)WLN808

..... arguments urged before us justify an examination, though brief, of the evolution from time to time in the nature of matrimonial obligations under the hindu law. according to manu, the hindu law giver, the wife is directed to rever the husband as a god (cf. manu v. 154) and the husband is likewise required to ..... wife be released from her husband.' (chapter ix verse 46). he insisted on mutual fidelity till death. thus according to the old concept of the hindu law the wife was required to treat her husband as a god. litigation regarding matrimonial obligations was forbidden and that they could not part from one another ..... honour a virtuous wife (cf. manu iii.55). bannerji in the 'hindu law of marriage and stridhan' indicates the position regarding the litigation arising out of matrimonial obligations thus : 'as a text of the smriti declares litigation between man ..... pra 211; smt. shanti devi v. balbir singh. air 1971 delhi 294 and argued that the wife's obligations are not to be judged by ancient standards and in the case before us the wife was perfectly entitled to disobey her husband in the matter of eating and drinking. he further submitted ..... with the advent of the british rule in india it was doubted whether a suitfor the restitution of conjugal rights in regard to a hindu could he in a court of law. the privy council case of moonshee buzloor ruheem v. shumsoonnissa begum, (1866) 11 moo ind app 551 (pc) laid down that .....

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Jan 15 1974 (HC)

Triveni Bai and ors. Vs. Swaroopchand and ors.

Court : Rajasthan

Decided on : Jan-15-1974

Reported in : AIR1974Raj232

..... , kattil raman v. vadakke poduvath devaki, air 1969 ker 121. the contrary view taken in the cases cited by the learned counsel for the appellants does not lay down good law in view of the supreme court decision noted above.19. it is next contended that there is nothing to indicate on the record that symbolical possession was delivered to the ..... with some ulterior object of his own, and thereafter subsequently and as a second instalment asks for khas possession. the question is whether such a course is permissible under the law. i am of opinion that it is not.' this case came up for consideration by the supreme court in shew bux v. bengal breweries ltd., air 1961 sc 137. their .....

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Sep 30 1974 (HC)

Ramjilal Vs. Ramkishan

Court : Rajasthan

Decided on : Sep-30-1974

Reported in : AIR1975Raj167; 1974(7)WLN919

..... the intendment of the legislature and to give effect to it. as mentioned earlier, that in our state, there is nothing in the rajasthan law corresponding to the notification as issued in punjab making section 13 of the punjab act inapplicable to the decrees for ejectment of tenants in possession with ..... become applicable. section 13 will come into play. from the plain reading of section 13 it is absolutely clear that notwithstanding anything contained in any law or contract, no court shall pass any decree in favour of a landlord whether in execution of a decree or otherwise for the purpose of ..... rajasthan act, we would here reproduce the relevant part of section 13, which is as under :--'eviction of tenant-- (1) notwithstanding anything contained in any law or contract, no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, ..... of exemption of buildings from the operation of section 13 was to give landlords the rights which as owners of buildings they had under the ordinary law, namely, to give them on lease at rents which thev thought were remunerative and to evict tenants during that period without any fetters imposed by ..... of the completion of the construction of the shop. according to his contention, the plaintiff's suit could not have been dismissed, and under the ordinary law of the land, the tenant was liable to be evicted. section 2 read as follows:'section 2. extent, commencement and application-- (1) this act .....

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Feb 11 1974 (HC)

Om Prakash Mathur Vs. the State

Court : Rajasthan

Decided on : Feb-11-1974

Reported in : 1974WLN324

..... is devoid of substance, because all the essential facts constituting the offences were set out in the sanction ex. p. 1. such a sanction is valid in the eye of law. it is only where the sanction on the face of it does not contain the facts constituting the offences charged that the prosecution is bound to adduce evidence that all ..... the reason. the entry ex. d 3 is, therefore, not free from suspicion. as stated earlier, these witnesses in their zea to save o p. mathur from the cluthes of law invented a false story that makhan lal had searched the pockets of the bush-shirt of the appellant for taking out a bunch of keys and that nothing was found .....

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May 09 1974 (HC)

State of Rajasthan Vs. Balmukand

Court : Rajasthan

Decided on : May-09-1974

Reported in : 1974WLN367

..... of the constitution by the kerala legislative assembly and there was no question in that case of enforcement of directive principles in a court of law. it was observed by their lord- ships that a harmonious construction should be adopted. in this case they observed at page 966:while ..... lordships, were made by the respective legislature. their lordships observed that these directive principles, it is true, are not enforceable by any court of law and held that harmonious interpretation is to be placed on the constitution with regard to the directive principles and the fundamental rights45. in re the ..... the stage of or in connection with manufacture of them. in the aforesaid case the learned chief justice made an exhaustive survey of the law on the subject and after examining various legislative measures relating to excise duty made the following pertinent observations at page 12 of the report:after ..... for us to examine at this stage. suffice it to say firstly, that the question of legally levying excise duty is essentially a question of law and that is basic and important for the consideration of the arguments advanced in these cases. any vague admission made by the former advocate general ..... sake of convenience 'liquor contractor'. they challenged by their petitions under article 226 of the constitution that the state of rajasthan was unjustified in law in demanding from them moneys which amounted to the excise duty in respect of the liquor which they had not drawn. the state of rajasthan .....

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Oct 17 1974 (HC)

Bankatlal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-17-1974

Reported in : 1974WLN866

..... we think for good reasons suspected adulterants. the presence of these suspected adulterants in bulk, safely stored in tins, may not by itself amount to an offence under the penal law but it was a relevant circumstance which could be taken into account by the detaining authority in reaching its subjective satisfaction.25. the mere fact, that all the details of ..... the expense of the health of the community.the above, we think, is too narrow a view. if it was intended to lay it down as an absolute proposition of law, that in no circumstances food adulteration activity can be prejudicial to the main enhance of supplies and services essential to the community we would, with respect, disapprove it as not .....

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Mar 13 1974 (HC)

Gulab Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Mar-13-1974

Reported in : 1975CriLJ695; 1974(7)WLN168

v.p. tyagi, j.1. appellant gulab singh along with five other persons was tried by the additional sessions judge no. 2, jodhpur, for the murder of lai singh, but the learned judge acquitted all other accused persons except gulab singh who has been convicted under section 302, indian penal code and sentenced to imprisonment for life. it is against this judgment of the learned additional sessions judge dated 5th march, 1973, that the present appeal has been preferred by the appellant.2. the prosecution story, as revealed by the eye-witnesses omprakash

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Sep 20 1974 (HC)

State of Rajasthan Vs. Sahab Ram

Court : Rajasthan

Decided on : Sep-20-1974

Reported in : 1974WLN785

..... j observed that that case adjudged capital sentence constitutional and whatever our view of the social invalidity of the death penalty, personal predilections must bow to the law as by this court declared. he also quoted with approval the noble words of justice stanley mosk of california uttered in a death sentence case:as a ..... in evidence that two of the murdered men, kernail singh and dewan singh, had bet n prosecuted for the murder of gurnam singh the brother in-law of kesar singh and had been acquitted.therefore, although we hold that kesar singh was guilty of an offence punishable under section 302, indian penal code ..... discharged. it may be that the appellant had grown up from childhood hearing the useful story from his widowed sister, of the murder of his brother in law, gurnam sitsgh, who was a step brother of gurdev singh. the appellant, who is a young man, may have been impelled (sic) on by the ..... year to year. the land which was under their cultivation, was rightly or wrongly allotted to sahab ram the aggrieved parties went to the court of law in appeal against the order of allotting authority. het ram and other succeeded in appeal and the allotment was cancelled. sahab ram challenged that order ..... the sessions judge. in so doing the high court will be assisted by the opinion expressed by the sessions judge, but under the provisions of the law above mentioned, it is for high court to come to an independent conclusion of its own. 12. reference may also be made to another decision .....

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Jan 04 1974 (HC)

Bala Ram Vs. Sukh Sampat Lal and ors.

Court : Rajasthan

Decided on : Jan-04-1974

Reported in : AIR1975Raj40; 1974(7)WLN63

..... that actual temporal loss must be alleged with certainty and precision in all cases of the kind. they further pointed out that it is also an ancient and established rule of pleading that the question of generality of pleading must depend on the general subject-matter. a number of cases were referred to ..... from particular customers or persons, then that may fall under the category of a special damage. 19. here i revert to para 224 from halsbury's laws of england already extracted in full. learned counsel argued that the present case falls in the category of examples of special damage given in this para, ..... other hand is damage of such a kind that it will not be presumed by law and must therefore be explicitly alleged in the pleadings so that the defendant may have due notice of the nature of the claim, otherwise the plaintiff ..... of some kind, be it in reputation or otherwise. but it is recognised on all hands that general damage is a kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff's pleadings. special damage on the ..... and where there is no presumption in the plaintiff's favour, he can only show this by giving evidence of some special damage. 8. according to salmond on the law of torts (15th edition,) damages are classified in several ways; (i) nominal or real, fii) real damages, (iii) general or special damages: (iv) compensatory, .....

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