Court : Supreme Court of India
Reported in : AIR1959SC781; 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1989SC1359; JT1989(1)SC607; 1989(1)SCALE737; (1989)2SCC526; 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 .....Tag this Judgment!
Court : Chennai
Reported in : (1891)ILR14Mad153
..... , collector of madura v. moottoo ramalinga sathupathy 12 m.i.a. 397 with reference to a theory deduced from the ancient hindu law of niyoga or appointment in connection with the law of adoption, the abstract theory has a juridical value for the purpose of explaining and upholding the existing usage and not ..... of kachankurishi temple, and that neither the first respondent nor his family had a joint right of management. the institution in question is an ancient hindu temple in south malabar, and the first respondent is the representative of the nambidi family which ruled in former times over that tract of country ..... least 500 nayars attached to his range; any number below that ranked a person as a desavali. our attention is also drawn to the ancient constitution of hindu temples in malabar as described by mr. conolly, a collector of malabar, in his letter to the board of revenue which is cited in ..... with the tacit sanction of the british government, or in the status of the nambidi family as patrons of the institution as part of its ancient constitution, a status which did not cease on the introduction of the british rule. it must have been well known in 1845 that the ..... existed admittedly from 1845 and probably from the commencement of the century and which was submitted to by the uralers as one consistent with the ancient usage and constitution of the institution and continued and countenanced by the british government as conducive to the protection of the interests of the institution .....Tag this Judgment!
Court : Orissa
Reported in : AIR1955Ori179; 21(1955)CLT328
..... on the principle that the accused being presumed to be innocent in the criminal law as administered in this country, the expenses required for the defence are not avyavaharika debt.he contends that under the ancient hindu law a hindu who commits an offence should confess and expiate the guilt by penance.in support ..... a serious criminal charge.'17. the learned counsel for the appellant contended that the principle of hindu law that the sons are not liable to pay the avyavaharika debts of the father based -upon ancient hindu texts should not be construed in the light of a system of criminal jurisprudence developed long after ..... of his contention he relies upon, an observation made in the case of 'air 1939 bom 289 (h)' referred to above. in the course of the judgment, beaumont c. j. observed:'it seems to me repugnant to good sense to construe ancient ..... trespass act, in the case of -- 'dhanukdhari singh v. rambirich singh', air 1922 pat 553 (l), it was held:'the rule of hindu law upon which the act of the karta and his dealing with the family property are binding upon the other members of the family does not restrict ..... defending a criminal case against the karta of the family is a debt for legal necessity and is also not an avyavaharika debt.in mayne's hindu law, edn. 11, at page 405, it is observed,'so too, debts contracted by the' father for the expense of defending himself in suits .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... three main sources of hindu dharma or law i.e. (1) the sruti, (2) the smriti and (3) custom. hindu law is also described as 'that body of law in its entirety which originated from the religious scriptures of various indigenous communities of this century'. the law, normally, could be traced into legal and historical sources. essentials of ancient hindu law were varied to bring ..... hard line of logical demarcation between matters, secular and religious, because certain questions such as for instance as marriage and adoption had the aspects of both. marriage under hindu law was primarily and essentially a sacrament. having elements both, religion and secularity, it was the source and foundation of the status of the parties; and of their right ..... and dealt with as a sacrosanct relationship between the two human beings requiring performance of the respective rights and obligations between them. divorce in hindu marriage was concept difficult of attainment and governed by stringent laws. any provision in hindu law did not by itself ipso facto ..... of the line of a hindu male within the framework of monogamy.7. marriage under hindu law had not been treated as a contract simpliciter between two individuals but was stated to be a sacrosanct relationship between two human beings placing certain obligations and duties vis-a-vis each other. right from ancient times, in hindu society, marriage has been treated .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1952All716
..... fact is stated in the preamble to the beng. reg. i of 1798. that such contracts were recognized and enforced according to their letter by the ancient hindu law appears from several passages in colebrooke's digest (vol. 1, pages 183, 187, 188 and 193). that they i were equally recognized and enforced ..... app 560 (pc), and held that the contract of mortgage by conditional sale is a form of security known throughout india, and which by the ancient law of india which must be taken to prevail in every part of india where it has not been modified by actual legislation or established practice, ..... of equity, that the time stipulated in the mortgage deed is not of the essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of theeast indian company, their lordships can find no such ..... pc), stated: '............that the contract of mortgage by conditional sale is a form of security known under various names throughout india; that according to the ancient law of india it was enforceable according to its letter; and that, whether it was embodied in one instrument or in two separate instruments, and whether or ..... fact is stated in the preamble to the bengal regulation i of 1798. that such contracts were recognised and enforced according to their letter by the ancient hindoo law appears from several passages in colebrook's digest (vol. i, pp. 183, 187, 188 and 193). that they were equally recognised and enforced .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1961MP164
..... legislature has expressly recognised that a minor widow reverts to her father's family for purposes of guardianship in remarriage. for the same reason, she could, under the ancient hindu law, as she can now, where there is a custom, marry her husband's brother; it is also the explanation for the niyoga, for a husband's brother or ..... father's gotra should be looked to in the remarriage of a widow. vidyasagar, whom dr. banerjee follows, held the same opinion.' 15. dr. banerjee in 'the hindu law of marriage and stridhana', 5th edn., pp. 309-310, says:'.....one of these rules of selection requiresthat the parties to marriage should be of different gotras; but what is ..... of their father): thus wherever the term sapinda is used, there directly or mediately connection with parts of one body is to be understood.' (golapchandra sarkar, sastri's hindu law, 6th edn., pp. 68-70).9. it cannot therefore be disputed that jamna on her marriage with kodusingh fictionally became his sapinda by affinity, the relationship being not ..... relevant for the purpose and which are not in dispute may shortly be stated:1. the parties to the suit are rajputs who are governed by the mitakshara school of hindu law. 2. the genealogy of the family is as follows: rajaram________________________|_________________________| |devisingh motisingh_________|_____________ | | | |dhansingh gumansingh kodusingh=jamna| | (d. 1885)mansingh ______________|____________________________________________| | | jamna= kanhaisingh = nande .....Tag this Judgment!
Court : Delhi
Reported in : 2006(88)DRJ346
..... doubt over this matter. the succession thus takes place in accordance with section 8 of the said act contrary to the ancient hindu law. the two judgments of the supreme court have clearly explained this position and have been repeatedly followed in subsequent judgments by the apex court and this court ..... for the devolution of tenancy rights in respect of such holdings.26. it was thus submitted that wherever a provision is made under the act, the ancient hindu law would cease to operate.27. learned counsel for the defendants referred to two important judgments of the apex court in this behalf to contend that the ..... be considered. the ratio of the two judgments of the apex court in so far as the principle of law is concerned, is amply clear. the provisions of the said act modified the ancient hindu law and in view of the clear mandate of section 4 of the said act, there can again be little ..... from the inheritance as well as the relinquishment deed. it was held not to be a coparcenary property. the learned judge observed as under:7. ...hindu law as it stands today clearly postulates that if it is a self-acquired property of the father it falls into the hands of his sons not as ..... court in commr. of wealth tax, kanpur v. chander sen : 161itr370(sc) , where one of us (sabyasache mukharji, j.) observed that under the hindu law, the moment a son is born, he gets a share in father's property and becomes part of the coparcenary. his right accrues to him not on the .....Tag this Judgment!
Court : Chennai
Reported in : (1916)ILR39Mad159
..... m.w.n. 96, i said, 'i am of opinion that courts should lean against the continuance of joint tenancies and against claims of survivorship.' see page 100. 'the ancient hindu law knew, according to the learned writer mr. j.c. ghose, no such principle as joint tenancy and no principle of survivorship....equity also does not favour joint tenancies and rights ..... coparcener passes to the remaining coparceners. this idea of a distinction between accretion by survivorship and the passing of property by inheritance or succession proper seems absolutely foreign to hindu law. i cannot but believe that because the other coparceners were to inherit the deceased sonless coparcener's share under the mitakshara instead of the proper female heir under the ..... enacting registered documents as necessary to evidence such declarations, obviate that inconvenience. piecemeal legislation is no doubt not desirable but so long as the generality of the followers of hindu law, even in the same province are not willing to have it ascertained by a commission and codified according to the recommendations of that commission, piecemeal legislation is the only ..... whether yagnavalkya and his commentator really laid down that there is survivorship or joint tenancy in a joint family. it is enough to say that the essential characteristics of hindu law as understood by the writers of the benares school are survivorship and representation. so far as a cursory examination of these treatises goes, the idea of survivorship is in .....Tag this Judgment!
Court : Chennai
Reported in : AIR1931Mad264; (1931)61MLJ19
..... his eligibility to perform his father's obsequial ceremonies and sraddhas stands on a different footing and is negatived by several texts bearing on ancient hindu law.12. that one who is suffering from a virulent form of leprosy is disqualified for performing even the ceremonies of adoption has been held ..... on behalf of the plaintiff (1st respondent), his learned advocate mr. sampath aiyangar referred me to several ancient texts of hindu law and also to the opinions of the modern text-writers on hindu law.7. in order to understand the reason for the rule that a sonless man may adopt, we have ..... libations of water are extinct. (page 116 of setlur's book.) it is observed' by mr. ghose in his hindu law (3rd edition) at page 59 that in ancient times the competence to perform sraddha corresponded with the right to take the inheritance and the rule was that he who ..... provide for the adopter's spiritual advancement by having some one legally qualified to perform his obsequies, and since such qualification must be judged by hindu law which disqualifies the son who is impotent, an idiot or insane, blind, deaf, dumb, lame, congenitally suffering from leprosy or from any ..... observations in dattaka mimamsa, section 2, verse 62 as supporting this view. the following passage is found at p. 104 in trevelyan's book on hindu law (2nd edition):if the son be permanently incapable of performing religious rites by reason 'of congenital blindness, deafness, dumbness, impotency, lameness, virulent leprosy, .....Tag this Judgment!