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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: supreme court of india Page 1 of about 4,855 results (0.145 seconds)

Jul 22 1980 (SC)

Shyam Sunder Prasad Singh and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1981SC178; 1980Supp(1)SCC720; [1981]1SCR1

..... so without a compact, and merely by an act of the mind. (manu ch. ix 127 and 136), hemadri quoted in colebrocke.28. it is well known that in the ancient hindu law, the right of a person to inherit the property of another depended principally on his right to offer pinda and udaka oblations to the other. the first person who was ..... the present, the cali age.80. sir ernest john trevelyan, a former judge of the high court of calcutta in his book entitled 'hindu law as administered in british india' (third edition) states at page 107 thus:in ancient times the hindu law recognised the following descriptions of sons as legitimate sons, viz.1. aurasa, ...2. kshetraja, ...3. putrika-putra, or son of an appointed ..... taken in adoption. adoption in this form is based upon, recent works, and is not referable to the ancient practice of taking kritrima sons.81. dr. jullius jolly in his tagore law lectures delivered in 1883 entitled 'outlines of an history of the hindu law of partition, inheritance and adoption' states in his lecture vii at page 144 thus:the early history of the ..... the present age.after quoting the text of vrihaspati:???(i)(sons of many descriptions who were made by ancient saints cannot now be adopted by men, by reason of their deficiency of power).83. jogendra smarta siromiani observes in his commentary on the 'hindu law' (1885 edition) at page 112 thus:all the secondary sons, with the exception of the dattaka, have not .....

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Feb 06 1984 (SC)

Lakshmi Kant Pandey Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1984SC469; 1984(1)Crimes542(SC); 1984(1)SCALE159; (1984)2SCC244; [1984]2SCR795

..... legislatively recognised in the hindu adoption and maintenance act, 1956. the adoption of children bill 1972 sought to provide for a uniform ..... the biological parents. the practice of adoption has been prevalent in hindu society for centuries and it is recognised by hindu law, but in a large number of other countries it is of comparatively recent origin while in the muslim countries it is totally unknown. amongst hindus, it is not merely ancient hindu law which recognises the practice of adoption but it has also been ..... of relatives, friends, community and neighbourhood towards adoption of an indian child.27. anticipated plans for the adopted child.28. can the child be adopted according to the adoption law in the adoptive parents country have they obtained the necessary permission to adopt (statement of permission required.)29. do the adoptive parents know any one who adopted a child from ..... law of adoption applicable to all communities including the muslims but, as pointed out above, it was dropped owing to the strong opposition of the muslim community. the .....

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Mar 03 1983 (SC)

Apoorva Shantilal Shah, Huf Vs. Commissioner of Income Tax, Gujarat-i, ...

Court : Supreme Court of India

Reported in : AIR1983SC409; (1983)33CTR(SC)153; (1983)1GLR799; [1983]141ITR558(SC); 1983(1)SCALE181; (1983)2SCC155; [1983]2SCR492

..... sense of division in respect of part of the assets while continuing the status of huf in respect of rest of the assets was not known to the ancient hindu law and was rot recognised by ancient hindu law.3. partial partition in the sense of division of some of the properties whilst continuing the status of huf in respect of other items of property originally ..... the lesser right of division of only some of the family properties.14. mr. manchanda learned counsel appearing on behalf of the department, has advanced the following arguments:1. under ancient hindu law, partial partition was unknown. severance of status disrupted the family. the joint family need not necessarily have any property. if it has property, then its separation is only an incidence ..... to refer to the comments of the other learned authors placed before us in course of the hearing of the appeal.28. the various commentarieson hindu law by the various learned authors go to indicate that ancient hindu law speaks of complete severance of joint family and partition of joint family properties and does not mention partial partition either with regard to the joint family ..... division must not be unfair and the allotment must be equal. he must give his sons equal share with himself'7. there is nothing in (1) either ancient hindu law or (2) customary or judge-made law which authorises the father in exercise of his extraordinary power to effect a partial partition of huf consisting of himself and his minor sons by dividing some .....

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May 08 1964 (SC)

Murarilal Vs. Dev Karan

Court : Supreme Court of India

Reported in : AIR1965SC225; [1964]8SCR239

..... where they are dealing with stipulationsintroduced in mortgage transactions which appear to them be unreasonable,oppresive or unjust. 13. it is true that according to the strict letter of the ancient hindu law,a stipulation that the mortgagor shall pay the amount advanced to him by themortgagee within a specified period, was intended to be enforced. the ancienthindu ..... amountwithin a specified period, at the expiration of the said period the mortgagormay lose his title over the mortgaged property. the principle underlying thisprovision appears to be that hindu law as enunciated by the ancient texts,attached considerable importance to a person keeping his promise. through thatis so, we ought also to add that according to sir r. b. ghose, ordinarily, timewas not ..... the country, required to administer justice and equity where there was nospecific statutory provision to deal with the question raised before them.whether or not the hindu law which prevailed in alwar was similar to thatprescribed by ancient hindu sanskrit texts, is a point on which no material isproduced before us. it may well be that just as in bombay and madras,notwithstanding the ..... ancient provisions of hindu law which seem to entitle themortgagee to insist upon the performance of a stipulation as to time withinwhich the mortgage debt has to be paid, the high courts had consistentlyrefused to .....

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Dec 11 2006 (SC)

Bhimashya and ors. Vs. Smt. Janabi @ Janawwa

Court : Supreme Court of India

Reported in : 2007(2)AWC1432(SC); [2007(2)JCR34(SC)]; 2006(14)SCALE27

..... has been emphasized that it must not be opposed to public policy. 12. the origin of custom of adoption is lost in antiquity. the ancient hindu law recognized twelve kinds of sons of whom five were adopted. the five kinds of adopted sons in early times must have been of very secondary importance ..... exception in favour of rules of customs. (see: mulla's principles of hindu law, fifteenth edition, at pages 67-68). nothing has been shown to me that an exception of this nature existed in the old hindu law. the ancient texts provide for a custom, but imperate it not to be opposed to dharma ..... although the secular motive was only dominant, the religious motive was undeniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, twelfth edition, page 329.).13. as held by this court in v.t.s. chandrashekhara mudalier v. kulandeivelu mudalier : [1963]2scr440 , ..... , that means as already pointed out it should not be immoral and opposed to public interest. 17. it is well established principle of law that though custom has the effect of overriding law which is ..... : (1) he who relies upon custom varying the general law must plead and prove it.(2) custom must be established by clear and unambiguous evidence.(see sir hs. gour's hindu code, volume i. fifth edition.)11. custom must be ancient, certain and reasonable as is generally said. it will be .....

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Mar 04 2008 (SC)

Salekh Chand (Dead) by Lrs. Vs. Satya Gupta and ors.

Court : Supreme Court of India

Reported in : 2008(2)AWC2094(SC); (2008)5MLJ117(SC); 2008(4)SCALE377; 2008AIRSCW4211; 2008(5)LH(SC)3461; 2008(3)ICC255

..... public policy later on.the origin of custom of adoption assumes great importance. the origin of custom of adoption is lost in antiquity. the ancient hindu law recognized twelve kinds of sons of whom five were adopted. the five kinds of adopted sons in early times must have been of very ..... it is not opposed to public policy and that it is ancient, invariable, continuous, notorious, not expressly forbidden by the legislature and not opposed to morality or public policy. it is not disputed that even under the old hindu law, adoption during the lifetime of a male issue was specifically prohibited ..... property is only of secondary importance.in hem singh v. harnam singh : [1955]1scr44 , it was observed by this court that under the hindu law adoption is primarily a religious act intended to confer spiritual benefit on the adopter and some of the rules have therefore been held to be mandatory ..... although the secular motive was dominant, the religious motive was deniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, twelfth edition, page 329).as held by this court in v.t.s. chandrashekhara mudalie v. kulandeivelu mudalier : [1963]2scr440 , substitution ..... (1) he who relies upon custom varying the general law must plead and prove it.(2) custom must be established by clear and unambiguous evidence.(see sir h.s. gour's hindu code volume 1, fifth edition.)custom must be ancient, certain and reasonable as is generally said. it will be .....

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Mar 26 1959 (SC)

Gherulal Parakh Vs. Mahadeodas Maiya and ors.

Court : Supreme Court of India

Reported in : AIR1959SC781; [1959]Supp(2)SCR406

..... it difficult to import the tenets of hindu law to give a novel content to the doctrine of public policy in respect of contracts of gambling and wagering. 64. to summarize : ..... matters are adoption, guardianship, family relations, wills, gifts and partition. as to these matters also the hindu law is to be applied subject to such alterations as have been made by legislative enactments : see mulla's hindu law, para. 3, p. 2. in other respects the ancient hindu law was not enforced in indian courts and it may be said that they became obsolete. admittedly there ..... has not been a single instance in recorded cases holding gambling or wagering contracts illegal on the ground that they are contrary to public policy as they offended the principles of ancient hindu law. in the circumstances, we find ..... them here, but it is clear from those texts that hindu sacred books condemned gambling in unambiguous terms. but the question is whether those ancient text-books remain only as pious wishes of our ancestors or whether they were enforced in the recent centuries. all the branches of the hindu law have not been administered by courts in india; only questions .....

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Mar 29 1989 (SC)

Shakuntalabai and anr. Vs. L.V. Kulkarni and anr.

Court : Supreme Court of India

Reported in : AIR1989SC1359; JT1989(1)SC607; 1989(1)SCALE737; (1989)2SCC526; [1989]2SCR70

..... the customs of the first four kinds of marriages cannot be dissolved.' there is no doubt that the principle that once a marriage always a marriage was a subsequent development.ancient hindu law also said:tasmindeshe ya acarah paramparyakramagatah; varnanam santaratanam sa sadachara uchyate.practice that obtains from generation to generation among the pure and mixed classes is called sadachara.18. the next ..... forbidden to sudras and that mann appeared to have limited the prohibition to the twice born classes. this has been referred to by sir gooroodas banerjee in his tagore law lectures on hindu law of marriage and stridhana, lecture vi. devala expressly permitted re-marriage of all classes. narada also said:nashte mrite prabrajite klaibe cha patite patan;panchaswapatsu narinang patih anyo bidhiate ..... was from the manner of their living and from the way in which they were treated by the neighbours. kusava was accordingly held legitimate.9. in mayne's treatise on hindu law and usage 11th edn. at page 175 it is said ; when we examine the usages of the aboriginal races, or of those who have not come under brahamanical influence, we ..... (1876) 1 bom 97 the legitimacy of 'pat' or pata or 'naira' marriages among the marathas of bombay presidency was accepted. relying on hindu law of strange and the statement of mr. steele who in his law and custom of hindu castes, which has been accepted as authority by the courts, said that in that presidency though forbidden in the present age (kaliyug) to .....

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May 04 1999 (SC)

R.E.M.S. Abdul Hameed Vs. Govindaraju and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1983; JT1999(3)SC353; (1999)3MLJ85(SC); 1999(3)SCALE129; (1999)4SCC663; [1999]2SCR1010

..... maintenance of holy and learned men rendering public service, etc. this practice was followed by the muhammadan rulers and by british administrators until about a century ago. according to the ancient hindu law, there were two beneficial interests in land, namely (1) that of the sovereign or his representative, and (2) that of the cultivator holding the land. the sovereign's right to ..... and to secure to him his right to enjoy his established share of the produce, conditions which are essential to the stability of an agricultural community and the undoubted and ancient right of the madras ryot.the aforesaid observations by hon. mr. forbes gives clear indication of the objects and reasons for introducing the 1908 act. it is interesting to see ..... interesting to record here the concern expressed by hon'ble mr. forbes on this subject while introducing the original estates land bill in the council, which is quoted hereunder:the ancient zamindars are being displaced by new men who have no traditional connection with the soil, and whose action will be guided solely by commercial or selfish motives, and who will ..... inam lands, how it emerged, recognised, canalised and dealt with through various enactments till it reached into the legislative umbrella of both act nos. 26 and 30 of 1963. the law relating to the land holdings, agrarian reform, in the presidency town of madras, with reference to the landlords and ryots started from the previous century and it is interesting to .....

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Aug 22 2000 (SC)

Pyare Lal and ors. Vs. Mani Ram and ors.

Court : Supreme Court of India

Reported in : AIR2000SC2802; JT2000(9)SC350; 2000MPLJ514(SC); 2000(6)SCALE81; (2000)7SCC175; [2000]Supp2SCR618

..... ). prior to amendment, clause (7) was clause (6). the high court has held that the amendment incorporating daughter of the deceased has a historical background inasmuch as the ancient hindu law did not recognise the sister and sister's son as heirs but hindu law of inheritance (amendment) act, 1929 which came into force on 21st february, 1929 made a far reaching departure from the ..... ancient rule by its section 2 providing that a son's daughter, daughter's daughter, sister and sister's son shall in the order so specified, be entitled to rank ..... . the amendment as aforestated that was incorporated in 1943 in section 253 by adding thereto in the order of succession daughter of deceased, may have been inspired by amendment of hindu law made in 1929. at the same time, however, it has to be kept in view, that no amendment was made incorporating in section 253 of the special legislation, the sister ..... or sister's son of the deceased. the amendment made in hindu law cannot be read into special legislation. section 253 of special legislation is a part of revenue law of the erstwhile state of gwalior. it en acts the list of heirs, who succeed an ex-proprietary or an occupancy tenant .....

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