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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: us supreme court Year: 1974 Page 1 of about 72 results (0.105 seconds)

Dec 10 1974 (SC)

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

Court : Supreme Court of India

Decided on : Dec-10-1974

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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Aug 16 1974 (SC)

Kartar Singh (Minor) Through Guardian Bachan Singh Vs. Surjan Singh (D ...

Court : Supreme Court of India

Decided on : Aug-16-1974

Reported in : AIR1974SC2161; (1974)2SCC559; [1975]1SCR742; 1974(6)LC603(SC)

..... symbolic of transplanting the adopted son from the family of his birth to the adoptive family. in this connection reference may be made to the ancient texts on adoption given in mayne's hindu law (11th edn) at page 226, according to which manu says; 'he whom his father or mother (with her husband's assent) gives ..... a member of the family of the person who appoints him as his heir. there was also the more formal adoption which was recognised under the hindu law in which there was giving and taking and the adopted son becoming a member of the adoptive family. the question whether the adopted son become a ..... not amount to mere appointment of an heir, but has attached to it all the consequences which flew from a full and formal adoption of hindu law. where such a special custom is found to exist it is not necessary for the adoption that it should have taken place in the conformity with ..... is no room for any customary adoption. section 4 of the act specifically provides that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of that act shall cease to have effect with respect to any matter for which provision ..... the rules of hindu law in the matter of ritual or otherwise, become in such cases it is not the rule of hindu law which operates to attach such consequences to the adoption but it is the custom governing the adoption that .....

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May 15 1974 (FN)

Alexander Vs. americans United, Inc.

Court : US Supreme Court

Decided on : May-15-1974

..... for philanthropic activity." "private foundations play a significant part in the work of philanthropy. while the foundation is a relatively modern development, its predecessor, the trust, has ancient vintage. like its antecedent, the foundation permits a donor to commit to special uses the funds which he gives to charity. . . . in these ways, foundations have enriched and ..... . second, in practical effect it gives a greater finality to irs decisions than we would want or congress intended. third, it inhibits the growth of a body of case law interpretive of the exempt organization provisions that could guide the irs in its further deliberations." ibid. [ footnote 2/15 ] see note, procedural due process limitations on the suspension ..... daily tax report, aug. 30, 1973, p. j-1. [ footnote 2/8 ] the value of philanthropic organizations must be balanced against the revenue-raising objectives of the tax laws. some of the factors to be weighed in this balance are reflected in the 1965 treasury department report on private foundations: "private philanthropic organizations can possess important characteristics which modern ..... the use of: "a corporation, trust, or community chest, fund, or foundation --" "(a) created or organized in the united states or in any possession thereof, or under the law of the united states, any state, the district of columbia, or any possession of the united states;" "(b) organized and operated exclusively for religious, charitable, scientific, literary, or educational .....

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May 15 1974 (FN)

Bradley Vs. School Bd. of Richmond

Court : US Supreme Court

Decided on : May-15-1974

..... appear to have been anticipated by mr. chief justice marshall in schooner peggy when he noted that, in "great national concerns . . . , the court must decide according to existing laws." 1 cranch at 5 u. s. 110 . indeed, the circumstances surrounding the passage of 718, and the numerous expressions of congressional concern and intent with respect to the enactment ..... 390 u. s. 402 (1968), the district judge held that plaintiffs in actions of this kind were acting as private attorneys general in leading school boards into compliance with the law, thereby effectuating the constitutional guarantee of nondiscrimination and rendering appropriate the award of counsel fees. 53 f.r.d. at 41-42. the court of appeals, in reversing, ..... its general equity power. [ footnote 8 ] first, the court observed that prior desegregation decisions demonstrated the propriety of awarding counsel fees when the evidence revealed obstinate noncompliance with the law or the use of the judicial process for purposes of harassment or delay in affording rights clearly owed. [ footnote 9 ] applying the test enunciated by the fourth circuit page ..... acting as "private attorneys general," newman v. piggie park enterprises, inc., 390 u. s. 400 , 390 u. s. 402 , in leading the school board into compliance with the law, thus effectuating the constitutional guarantees of nondiscrimination. the court of appeals reversed, stressing that, "if such awards are to be made to promote the public policy expressed in legislative action .....

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Apr 23 1974 (SC)

The Press Trust of India and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-23-1974

Reported in : AIR1974SC1044; [1974(29)FLR67]; 1974LabIC716; (1974)4SCC638; [1975]3SCR499

..... ten years externment, the question whether such period of externment is reasonable, being the substantive part, is necessarily for the consideration of the court under clause (5). similarly, if the law provides the procedure under which the exercise of the right may be restricted, the same is also for the consideration of the court, as it has to determine if the ..... representations and examine the material placed before it in the light of those representations for making its recommendations. any infringement of this procedural safeguard would affect its recommendations.26. a law providing reasonable restrictions in the exercise of the right conferred by article 19 may contain substantive provisions as well as procedural provisions. the reasonableness of the restriction whether substantively or ..... in the express newspapers' case (supra) at pp. 164 & 165. it is contended that the investigation leading upto the order does not involve a decision in terms of the existing law nor is there any requirement of determination of existing rights, nor is the existence of a dispute a condition of the exercise of jurisdiction. all that is required by the ..... nothing to indicate that it had done so, its decision was void and inoperative. it further held that the impugned act, judged by its provisions, was not such a law but was beneficient legislation intended to regulate the conditions of service of the working journalists and the consequences that were adverted to in that case could not be the direct .....

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Feb 26 1974 (FN)

Mississippi Vs. Arkansas

Court : US Supreme Court

Decided on : Feb-26-1974

..... the course was lengthened," and that mississippi's experts knew of no instance "where avulsion had worked the way arkansas claims." so far as the ancient tree stumps are concerned, mississippi presented evidence from forestry experts that the forest on luna bar was one predominantly of pioneer species with the expected ..... , or refute the physical evidence which arkansas has mustered. just as arkansas has not produced a pre-1870 map proving the prior existence of the ancient channel, mississippi directs us to no map to prove that such a channel did not exist. [ footnote 2/3 ] the master stated that ..... 1870's. all of them trace the outline of the mississippi for navigational purposes. but none are topographical maps which would show the existence of an ancient, dry, low-lying channel on the arkansas mainland into which the mississippi could divert. this, however, does not show that such a channel did ..... island and the mainland were connected for some centuries. to say that the island was formed by accretion is to use magic to make the ancient cypress stumps on the island disappear. those trees are of the climax species; and the experts all agree that, where climax trees appear, the ..... , also to the westward. depending on the resolution of this factual issue, legal consequences ensue in line with established principles conceded by the two states to be the law relating to riparian accretion and avulsion. nebraska v. iowa, 143 u. s. 359 (1892); missouri v. nebraska, 196 u. s. 23 (1904); bonelli .....

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May 13 1974 (FN)

Mitchell Vs. W. T. Grant Co.

Court : US Supreme Court

Decided on : May-13-1974

..... 416 u. s. 605 louisiana sequestration procedure is not invalid either on its face or as applied. sequestration under the louisiana statutes is the modern counterpart of an ancient civil law device to resolve conflicting claims to property. historically, the two principal concerns have been that, pending resolution of the dispute, the property would deteriorate or be wasted in ..... v. kelly, supra; arnett v. kennedy, supra. in my view, the constitutional guarantee of procedural due process is fully satisfied in cases of this kind where state law requires, as a precondition to invoking the state's aid to sequester property of a defaulting debtor, that the creditor furnish adequate security and make a specific factual showing before ..... it seems to me, however, that it was unnecessary for the fuentes opinion to have adopted so broad and inflexible a rule, especially one that considerably altered settled law with respect to commercial transactions and basic creditor-debtor understandings. narrower grounds existed for invalidating the replevin statutes in that case. i the constitutional guarantee of procedural due process ..... an appeal, or for the issuance of a writ of attachment or of sequestration, or for the release of property seized under any writ, unless fixed by law; appoint an attorney at law to represent a nonresident, absent, incompetent, or unrepresented defendant; or dismiss without prejudice, on application of plaintiff, an action or proceeding in which no exception, answer .....

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Oct 31 1974 (SC)

Joginder Nath and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Oct-31-1974

Reported in : AIR1975SC511; (1975)3SCC459; [1975]2SCR553; 1975(1)SLJ42(SC)

..... purpose of initial recruitment and fixation of seniority was reasonable as the classification was one which included all persons who were similarly situated with respect to the purpose of the law. we have therefore' no difficulty in rejecting the argument put forward on behalf of the petitioners that rule 11 of delhi judicial service rules is bad as being violative ..... , transactions or persons is not liable to be struck down as discriminatory unless there is simultaneously absence of a rational relation to the object intended to be achieved by the law.' the principles enunciated when applied correctly to the facts of the instant case rather go against the petitioners. 'equal treatment of unequal objects' even if we prefer to call ..... respective state governments for appointment, and(c) members of the delhi himachal pradesh and andaman and nicobar islands civil service, who are law graduates.the consent of the officer to be recommended and the consent of his parent government shall be necessary before his appointment to the service. 14. it would thus be ..... 9. for initial recruitment to the service, the selection committee shall recommend to the administrator suitable persons for appointment to the service from amongst the following:(a) subordinate judges and law graduate judicial magistrates working in the union territory of delhi on deputation from other states; (b) members of civil judicial cadres of states whose names may be recommended by their .....

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Feb 14 1974 (SC)

V.S. Thiagaraja Mudaliar Vs. Bava C. Chokkappa Mudaliar and ors.

Court : Supreme Court of India

Decided on : Feb-14-1974

Reported in : AIR1974SC944; (1974)2SCC58; [1974]3SCR388

..... other points. we shall, therefore, confine ourselves to the facts which bear upon the point.2. the temple of sri tyagarajaswami at tiruvarur in tanjore district is a well-known, ancient temple of the south. there are 13 kattalais attached to the temple-one of such kattalais being the ulthurai kattalai.this kattalai looks after the worship and festivals in the ..... two definitions were advisedly introduced in the act, because the act wanted to make a clear distinction between a hereditary trustee and a non-hereditary trustee so far as the hindu religious endowments were concerned. non-hereditary trustees were subject to greater control by the board under the act, whereas the hereditary trustees enjoyed larger privileges and the control over them ..... the board that gopalaswami was entitled to succeed as the hereditary trustee. the court observed 'in this appeal we are concerned only with the question whether the order of the hindu religious endowment board declaring the right of bava gopalaswami with regard to the ulthturai kattalai was well-founded or not. we are of the opinion that the said order of ..... point raised was treated by the learned judge as a preliminary question. he formulated that question in the following way:a preliminary question that arises for determination is whether the hindu religious endowment board has jurisdiction under section 84(1) (b) to declare that the first respondent (gopalaswami) is the hereditary trustee of the ulthurai kattalai after the death of bava .....

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Aug 23 1974 (SC)

Samsher Singh Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Aug-23-1974

Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)

..... setalvad further narrates two incidents when the president dr. rajendra prasad asked his opinion on two mattery the president wanted to know whether he could prevent the hindu code bill from becoming law. the attorney general advised him that the president was bound to act according to the advice of his ministers. on another occasion, the president wanted to ..... extent that article 163 permits and his discretion, remote controlled by the center, has play.122. when dr. prasad, as president of india, hesitated to sign the hindu code bill in september 1951 and wrote to prime minister nehru whether he could not exercise his judgment, the latter did not mince words :the whole conception of constitutional government ..... judicial independence from executive control has been accomplished in england. the framers of our constitution, impressed by this example have fortified the cherished value of the rule of law by incorporating provisions to insulate the judicature. justice becomes fair and free only if institutional immunity and autonomy are guaranteed (of course there are other dimensions to judicial independence ..... denying judicial aid to .undermining the democratic substance of cabinet government. a coup can be constitutionally envisioned by an erroneously literal interpretation of the living words of the organic law. prof. alen glendhill, we must warn ourselves, wrote :let us assume that a president has been elected who has successfully concealed his ambition to establish an authoritarian .....

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