Court : Chennai
Reported in : AIR1969Mad124
..... defendant not being fit for normal sexual intercourse would make her an impotent person and therefore such marriage would be null and void in english law.5. under ancient hindu law an examination of the various sanskrit texts relating to this question shows that though marriages of impotent persons as well as lunatics and idiots were ..... there was no possibility for the husband to take steps to see that she could no longer have the status of the wife. but under the hindu law which is applicable at present, a husband who finds himself in such circumstances can ask for a declaration of invalidity of the marriage and after getting ..... from court. the above opinion of the learned judge supports the view taken by mulla, with respect, i agree with that view. originally under the hindu law if a man found that he had married a person who was not a woman and therefore unfit for sexual intercourse, it could be open to him ..... deiva pandian's father, the plaintiff's suit has to fail on that account alone. on this question mulla has taken the view in his principles of hindu law, 12th edn. at page 843 thus--"the question, as to impotency, cannot be raised by a third person, because, it is solely a personal matter ..... has now become obsolete, to say that the marriage of an impotent person would be valid is not ,in consonance with the modern idea. the hindu law has vastly changed and the ideas of hindus have also changed with the times. whatever might have been the position at a time when the marriage was .....Tag this Judgment!
Court : Chennai
Reported in : (1958)2MLJ519
..... was an introduction of the british government or of the english system of revenue administration introduced by them. even ancient hindu law-givers and ministers like chanakya or kautilya were not unacquainted with such division of the produce. the usual rule in those ancient days was that one-sixth of the produce should go to the king as tax, one-third to the ..... has achieved the intended purpose in the case of the appellants who claim to be mattuvaramdars and kaieruvaramdars.14. we have been taken through the various provisions of the law that are relevant for the purpose of investigation and determination of the question as to whether these mattuvaramdars and kaieruvaramdars comply with the terms of the enactments which regulate ..... cultivating tenants ' has to be determined by scrutinising the incidents of each of the warams and seeing whether they satisfy the requirements of the statute. some waramdars well-known to law and undoubtedly tenants having tenancy agreements, and paying waram or guttagai will certainly be ' cultivating tenants' provided they contribute the physical labour of themselves or the members of their ..... the word putra is applied to an abhimana-putra, who is not in law a son or entitled to any inheritance.6. as has been rematked by baden-powell, kellcher, hemingway and meek in india and flther ancient countries, primitive customs, dating from an immemorial period, have continued even during the civilised period, and have peculiar characteristics of their own, .....Tag this Judgment!
Court : Chennai
Reported in : (1892)2MLJ265
..... relationship through the mother with that of sapinda relationship in its spiritual sense as in that son's son or the son of an appointed daughter under ancient hindu law. here i may also draw attention to the vedic texts cited in smriti chandrika and to its effect, as discussed in ch. iv', verses 4 ..... that person is not, whether a male or female, a full owner. there is, however, no warrant for it in the mitakshara. the general rule of hindu law is that, when a male heir succeeds a male owner, the former is as much full owner as the latter, the principle being, as stated by ..... pointed out by the subordinate judge, plaintiff and dorasinga tevar are the sons of different fathers and consequently members of different hindu families and therefore not coparceners within the meaning of the hindu law. the claim by right of survivorship has, therefore, been rightly rejected; and as the last male owner from whom the ..... to the gotras or the families of their husbands, neither can they nor their sons be said to be coparceners so as to constitute a joint hindu family in the true sense of the expression. further, to what extent an impartible estate can be treated as joint family property though it vests ..... right to inherit once vests in him. the appellant's contention which ignores this distinction between the daughter and the daughter's son as heirs at law cannot be supported.6. as regards the 5th issue, it is sufficient to state that nearness or remoteness of relationship to the istimrar zamindar is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1984SC469; 1984(1)Crimes542(SC); 1984(1)SCALE159; (1984)2SCC244; 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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1927Mad429; (1927)52MLJ195
..... by an assignee is in my opinion so contrary to equity and good conscience that it should not be accepted by courts in this country whatever the ancient hindu law on the subject was.6. it may be that there again the effect of the decision in sreeramulu v. kristamma 12 mlj 197. is traceable ..... sastri v. savitthiri ammal. although a widow cannot be legally compelled to adopt, the duty to honour her husband's wishes is a solemn obligation imposed by hindu law and sentiment, and a person who, knowing this and knowing or having the means of ascertaining that she has authority to adopt, obtains a transfer of property ..... , to the death of the widow. but no such pious obligation attaches to a voluntary relinquishment by a widow of her estate. hindu law-givers hardly contemplated such an act, and 'the whole doctrine of surrender and consequent acceleration of the estate of the reversioner has no basis in ..... has not got. page, j., in the judgment i have referred to, commenting upon the hardship which would result to alienees, observes that where the law is clear there is no room for an argumentum ab inconvenienti. but that view runs counter to the decision of this high court, which has recognised the ..... of justice, equity and good conscience. equity steps in to temper the rigour of a rule which resembles in its inexorableness some old rule of english common law.4. the only question, then is, how far is equity justified in interfering. there appears to be but one reported case in which a gift was .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi744
..... 2) that it is an interesting coincidence that the sanskrit word 'jimha' which means 'crooked' was used in an ancient hindu law text in the sense of tortious or fraudulent conduct. (the reference is to a text of narada cited in priyanath sen, hindu jurisprudence page 211).(15) lalta parshad, from whom the landlady says she got possession, was not entitled to any specific ..... question for consideration is whether the taking of possession by the landlady of nearly a moiety of the premises is tortious in this case. s ramaswamy iyer in his 'the law of torts' (fifth edition, page 1. states that the french word 'tort' means in its etymologica. sense, a 'twisting out' and in a popular sense, a crooked act, a transgression ..... not been initially given. in confirming the decision of the calcutta high court (with the further limitation of the appeal being heard exparte) the judicial committee confined itself to the law applicable to the case of landlord failing to give possession initially but not to the case of depriving the lessee of possession of even a portion later. the judicial committee .....Tag this Judgment!
Court : Allahabad
Reported in : 16Ind.Cas.529
..... the great grandson, who is the last man in the series of those who are of the same, body, according to manu and other ancient hindu law givers.11. the learned advocate for the appellant chiefly relies on the position which he contends is given in the mitakshara to the grandmother, that ..... , mr. sarvadhikari's scheme attracts me by the suggestion that it is in closer conformity with essential hindu ideas, as going back for its basis to the most ancient authority upon which the hindu law on the subject is based. subject to the considerations which i have suggested when discussing it, i think ..... of the grandfather succeed before the great grandfather referring to his opinion and that of professor sarbadhikari. mr. j.c. ghose, in his work on hindu law (2nd edition, page 148), says: 'this rule is in accordance with the later theory of sapinda and probably more consistent with the principle of ..... to the same general family till the seventh degree among the sapindas'.8. the above is the translation of the original given in setlur's hindu law books on inheritance and is more accurate than mr. colebrooke's translation.9. relying on the above texts, the learned advocate for the appellant ..... purchasers of part of the property from budha singh and are apparently financing the litigation.4. the question to be determined is whether under the hindu law as prevailing in these provinces, the great grandfather's grandson succeeds in preference to the grandfather's great grandson. the question is not free .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1983SC409; (1983)33CTR(SC)153; (1983)1GLR799; 141ITR558(SC); 1983(1)SCALE181; (1983)2SCC155; 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1981AP88
..... , air 1934 pc 29 and ambu bai v. soni bai, air 1940 msd 804 (fb) were considered by the bench. rajamannar, j. (as he then was) referred to several ancient hindu law texts which have bearing on the principle of maintenance and quoted the sayings of manu thus: the support of the group of persons who should be maintained ej.ka iks ..... principles of adjudication, the learned judges referred to a passage from an eminent hindu lawyer, krishna kamal bhatta-charya (tagore law lectures, 1885 f. 323) who after referring to some rulings goes on to say: 'to a hindu mind not penetrated with european notions and still retaining the spirit of ancient hindu law as propounded by rishis and their earlier commentators, this exposition of the ..... of a hindu female is one of seclusion; outside the zanana, her knowledge ..... law relating to a widow's maintenance would appear harsh and unsympathetic. the life .....Tag this Judgment!
Court : Chennai
Reported in : AIR1914Mad226; (1915)ILR38Mad556
..... his self-acquisitions, even if they were immoveables. this same right toy birth has led to the so-called right of survivorship unknown to the ancient hindu law. it has also virtually killed the numerous texts which show that the great-great-grandson has no right to inherit directly the property of his great ..... the main rule.' this modern main rule as to right by birth was in hopeless conflict with the son's undoubted legal liability under the ancient hindu law to pay his father's debts and hence the privy council have been obliged to virtually destroy this rule by allowing the validity of alienations ..... my learned brother.12. the distinction between the ancestral and the self-acquired property of a father was not known to the ancient hindu law. the expression 'paternal estate' when used in hindu law books does not mean the father's self-acquisition alone but merely means the estate which the son can inherit or obtain ..... at the outset are to the effect that marriage is an obligatory ceremony; and sarkar, west and buhler in their works on hindu law and steele's law and customs of hindu castes, page 404, declare that the expenses for the marriage of unmarried co-sharers should be set apart at partition.27. i ..... from other samskaras. admittedly how over marriage is a samskara, and there is nothing to show that it was intended to be excluded here. in stokes' hindu law, mitakahara, chapter i, section 7, verses 3 and 4, i find, 'if any of the brethren be uninitiated when the father dies, who is .....Tag this Judgment!