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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: us supreme court Page 1 of about 5,331 results (0.083 seconds)

Jun 29 1972 (FN)

Furman Vs. Georgia

Court : US Supreme Court

..... member of a suspect or unpopular minority, and saving those who by social position may be in a more protected position. in ancient hindu, law a brahman was exempt from capital punishment, [ footnote 19 ] and, under that law, "[g]enerally, in the law books, punishment increased in severity as social status diminished." [ footnote 20 ] we have, i fear, taken in practice the same position, partially ..... 155-160 (1928). [ footnote 17 ] crime in america 335 (1970). [ footnote 18 ] see johnson, the negro and crime, 217 annals 93 (1941). [ footnote 19 ] see j. spellman, political theory of ancient india 112 (1964). [ footnote 20 ] c. drekmeier, kingship and community in early india 233 (1962). [ footnote 21 ] cf. b. prettyman, jr., death and the supreme court 296-297 (1961). "the ..... a government should authorize or justify such atrocious conduct.'" and cooley, in his book, constitutional limitations, said the court, "apparently in a struggle between the effect to be given to ancient examples and the inconsequence of a dread of them in these enlightened times, . . . hesitate[d] to advance definite views." id. at 217 u. s. 375 . the result of a ..... of deliberately putting some of its members to death. in the united states, as in other nations of the western world, the struggle about this punishment has been one between ancient and deeply rooted beliefs in retribution, atonement or vengeance, on the one hand, and, on the other, beliefs in the personal value and dignity of the common man that .....

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Dec 10 1974 (SC)

Harihar Prasad Singh and ors. Vs. Balmiki Prasad Singh and ors.

Court : Supreme Court of India

Reported in : AIR1975SC733; (1975)1SCC212; [1975]2SCR932

..... burhee were ordinarily governed by the benares school of hindu law but the matters of succession they followed their respective kulachars or ancient family customs which have been prevailing in their families from time immemorial and which having acquired the force of law modified the general hindu law to that extent.it would be noticed that in ..... the widow or widows and if there be no widow immediately on the death of such male owner dying issueless. in other words the rule of hindu law viz. that the nearer in degree excludes the more remote is modified by the kulachar to the extent enumerated above. it would be noticed that ..... degree and would not be entitled to succeed to his estate under the ordinary rule of hindu law. their claim is based on the plea of a special custom applying to the family to which the parties belong.2. according to the plaint ..... 1935 are the nearer heirs of ramdhan singh and are entitled to succeed to his estate on the ground of propinquity if the ordinary rule of hindu law applied. the plaintiffs in the present suit as well as the defendants who are sailing with them are related to ramdhan singh in a distant ..... in ramalakshmi ammal v. sivanatha perumal sethuraya to the effect: it is of the essence of special usages modifying the ordinary law of succession that they should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous evidence. it is .....

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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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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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Sep 22 1959 (SC)

Narayan Bhagwantrao Gosavi Balajiwale Vs. Gopal Vinayak Gosavi and ors ...

Court : Supreme Court of India

Reported in : AIR1960SC100; [1960]1SCR773

..... the image need not necessarily be removed. even if it may be necessary to remove the image, that will be only temporarily. the manager has under hindu law no power to effect permanent removal of an image in the teeth of opposition from a large number of the worshippers. in the instances cited by the ..... temple. whatever may be the occasions on which the installation of a new image as a substitute for the old may be allowable according to the hindu law, it is not shown on behalf of the defendant that the ruinous condition of the existing building is a ground for practically removing the image from ..... v. anantji bhikaji i.l.r. (1920) 44 bom. 466, the temple was a public one. it was held by the high court that under hindu law, the manager of a public temple has no right to remove the image from the old temple and instal it in another new building, especially when the ..... . p. v. kane appeared, and in the course of his argument, he stated as follows : 'according to the pratishtha-mayukha of nilkantha and other ancient works an image is to be removed permanently only in case of unavoidable necessity, such as where the current of a river carries away the image. here ..... appellant, worshippers had consented to the removal. permanent removal of an image without unavoidable necessity is against hindu sentiment.' (italics supplied)shah, j.45. observed as follows : 'it is not disputed that the existing building is in a ruinous condition and that .....

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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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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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Jan 11 2008 (SC)

Brajendra Singh Vs. State of M.P. and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1058; 2008(2)ALD105(SC); 2008(5)BomCR362; (SCSuppl)2008(2)CHN46; 2008(1)CTC856; [2008(2)JCR91(SC)]; JT2008(1)SC443; (2008)1MLJ1083(SC); 2008(1)SCALE372; 2008AIRSCW652; 2008(2)KCCRSN103

..... be made if the natural son is a congenital lunatic or an idiot.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 ..... of property is only of secondary importance.14. 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 rituals have, therefore, been held to be mandatory, ..... ; but although the secular motive was dominant, the religious motive was undeniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, 12th edn., p. 329.)13. as held by this court in v.t.s. chandrasekhara mudaliar v. kulandaivelu mudaliar : [1963]2scr440 substitution ..... whether by legitimate blood relationship or by adoption, living at the time of adoption.prior to the act under the old hindu law, article 3 provided as follows:3. (1) a male hindu, who has attained the age of discretion and is of sound mind, may adopt a son to himself provided he has ..... son'. the restrictions flowing from this maxim had the effect of eliminating most of the forms of adoption. (see hindu law by s.v. gupte, 33rd edn., at pp. 899-900.) the whole law of dattaka adoption is evolved from two important texts and a metaphor. the texts are of manu and vasistha, and .....

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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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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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