Court : Allahabad
Reported in : AIR1939All437
..... brahmans and rajputs who were immigrants in kumaon. the mitakshara may have been written in the eleventh century, but it is only a commentary on the ancient hindu law which does draw a distinction between full blood and half blood. their lordships of the privy council in garudas v. laldas , observed that under the ..... and half blood, does not result as mr. lall suggests, from ignorance, but from divergence between the principles of succession among the khasas and in hindu law.6. dr. joshi has made a comparative study of the subject and has referred to the custom prevailing in the punjab and the customs prevailing in ..... ought to be restored. it is said that the plaintiffs never asserted that they were governed in matters of inheritance by the mitakshara school of hindu law which draws a distinction between the descendants of the full blood and the descendants of the half blood and that further the custom set up by ..... daughter's sons and that the defendants, who wore the daughter's sons of lachi ram, never pleaded that they were entitled under the hindu law to succeed to the grandfather nor did they ever state that they had come from any other part of the country or that they carried with ..... of the appellants argued that the plaintiffs did not allege in so many words that they were governed by the mitakshara hindu law and all that they said was that according to law and family customs, which had all along been observed in the family of the parties, the estate of an issueless cosharer .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC1983; JT1999(3)SC353; (1999)3MLJ85(SC); 1999(3)SCALE129; (1999)4SCC663; 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 .....Tag this Judgment!
Court : Orissa
Reported in : AIR1997Ori47
..... autobiography of russel'. divorce by mutual consent is one of the modes of easy divorce. divorce was not known to the ancient hindu law. the reason is that a marriage from the hindu point of view creates an indissoluble tie between the husband and the wife. neither party, therefore, to a marriage can ..... the relief of divorce to all hindus on all india basis. the customary divorce was not permissible to the three regenerate classes under the traditional hindu law. initially,statutory grounds of divorce did not include divorce by mutual consent. provision for divorce by mutual consent in terms of section 13b were ..... of litigations coming to courts seeking judicial separation, divorce, grant of maintenance what comes to mind is shakespeare's words in merchant of venice : 'the ancient saying is no her say, hanging and wiving go by destiny.' the immortal writer had written : 'a young man married is a man that's ..... fundamentally undermined the marriage. these aspects were highlighted by mr. peras dawan, an eminant writer in an article named as 'divorce structure of the hindu marriage act, 1955 and special marriage act, 1954'.6. a danish proverb says that a deaf husband and a blind wife are always a happy ..... inevitable tension of marriage. these aspects were highlighted in great detail by justice khanna in a speech delivered in the inaugural seminar on the 'hindu marriage act and special marriage act' on 21-2-1975.5. wedded as it was to the doctrine of indissolubility of marriage (marriage being .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1996)113PLR544
..... judged opinion based upon his experience in life and not being influenced by extraneous consideration. the concept of making the will was unknown under the ancient hindu law as no name equivalent or pseudonymous to will has been traced either in sanskrit or in the vernacular languages. the absence of testamentary disposition ..... of the property under the old hindu law can be attributed to the joint family system and the custom of adoption prevalent amongst the hindus. the old joint hindu family system was considered to be inconsistent with the independent dominion over property and perhaps ..... it was the main reason to ignore the testamentary disposition. however with the growth, development and change of law regarding succession the power of hindu to create interests in property during his life time leads to the power to create interests in the property on his death. ..... from a pretty long time the testamentary power of a hindu has been recognised and he is authorised to make will regarding his self acquired property. such a right has got statutory sanction after the passing ..... judgments delivered by the apex court and the various high courts in the country. the origin of the will can be referred to ancient times as it is shown to be in existence as in babylon and assyria. it was considered that the idea of disposition by .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2000SC2802; JT2000(9)SC350; 2000MPLJ514(SC); 2000(6)SCALE81; (2000)7SCC175; 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 .....Tag this Judgment!
Court : Kerala
Reported in : 2005(4)KLT1003
..... child in embryo is treated as in esse for various purposes when it is for his benefit to be so treated. this view is not peculiar to the ancient hindu law but one which is adopted by all mature systems of jurisprudence. this section recognises that rule of beneficent indulgence and the child in utero although subsequently born is ..... adoption may be made there is no hiatus in the continuity of the line. in fact, as west and bubler point out in their learned treatise on hindu law, the hindu lawyers do not regard the male line to be extinct until the death of the widow renders the continuation of the line by adoption impossible.' it is on ..... in firm huni lal-rali ram v. altaf-ul-rahman, air 1939 lah.290 was different, wherein it was held that although under certain system of law, such as hindu law, a child en ventre sa mere is by a legal fiction and for certain purposes considered to be born in the sense that he has a right of ..... intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.'mulla on hindu law, fifteenth edition, contains a commentary by the author while dealing with section 20. the commentary reads thus:'it is by fiction or indulgence of the ..... any one beat her, whereby the child death in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter.' then the learned author goes on: 'an infant in ventre sa mere, or in the mother's womb, is supposed in .....Tag this Judgment!
Court : Chennai
Reported in : (1883)ILR7Mad407
..... sons, the second appellant and his brother are entitled to succeed to their paternal uncle sundara. adverting to the several secondary sons known to the ancient hindu law, six of them are declared to be heirs to kinsmen in datta chandrika, section, v. 22. it follows that illegitimate children who are inferior ..... that the sanskrit word for a concubine was avarudda, and that dasi referred only to a woman who was a slave, as defined by the ancient hindu law, which was repealed by act v of 1843.5. to this view, however, we are unable to assent. having regard to the description of ..... slaves or dasis given by narada, we are of opinion that the status of a slave ensued under the hindu law also from certain occupations and conditions. narada declares that slaves are of 15 sorts--(1) graha dasan, one begotten on a dasi in the house; ..... ), krishnachari (fourth defendant), and perumal nayak (fifth defendant), impugned the mortgages as fraudulent, and denied that lands 1 and 4 belonged to the joint hindu family. they contended that ammachi was the wife of virappa, that upon the death of sundara, his property survived to marutha muttu and periyannan as his ..... to his plaint, and mesne profits for the years 1878 and 1879. virappa goundan and sundara goundan were two brothers who had formed a joint hindu family. of these, virappa died in 1866, leaving him surviving a concubine named ammachi and maruthamutta and periyannan, the second and third defendants, .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1941Cal20
..... to the title of chandra kanta sen it cannot be disputed that his mother a kayastha and therefore a sudra married his father a vaishya. the ancient hindu law did not regard such marriages with the condemnation expressed by later authorities which have been accepted by our courts so as to make children born from ..... in the skanda purana records an instance of female kinship : see vol. 1, pp. 46, 47.17. babu golap chandra sarker in his treatise on hindu law (edn. 7, p. 149) has observed:the explanation of the mixed classes by supposing them to be the issue of inter-marriage appears to be a ..... contention raises three questions : (1) whether a baidya is an 'ambhastha'; (2) whether an 'ambhastha' is a vaishya and (3) what is the rule of hindu law as regards the adoption of an 'ambhastha.'15. babu shyama charan bidyabhusan while quoting manu ch. 10, v. 8, in chapter on 'castes and classes of the ..... swarnamoyee as a son of prasanna kumar is invalid according to hindu law. prasanna kumar was admittedly a kayastha and, therefore, a sudra. there is no allegation in the plaint that defendant 1 is a vaishya. there is ..... that defendant 1 was adopted as a son by swarnamoyee.) the next point for determination is whether the adoption of defendant 1 is valid according to hindu law. the contention of the plaintiff is that prusanna kumar was a sudra and defendant 1 is a vaishya and consequently the adoption of defendant 1 by .....Tag this Judgment!
Court : Delhi
..... suit / proceedings involving the same property, the judgment therein binds his successor in interest. however the said principle, as aforesaid, is not applicable to rights under the ancient hindu law where the rights of the grandsons to the ancestral property are independent of the rights of their father. moreover, this court at that stage was not concerned with the ..... on 13.07.2008) would have a right by their birth. such rights of the appellants / plaintiffs are in accordance with the ancient hindu laws as applicable prior to the coming into force of the hindu succession act in the year 1956 and though the share of the appellants / plaintiffs in the property would be from the branch of ..... the year of death of sh. jawahar singh.16. if sh. jawahar singh has died in the year 1944 i.e. prior to the coming into force the hindu succession act, 1956 and the suit property can be traced to the funds of sh. jawahar singh, then the suit property would be ancestral in the hands of ..... order 41 rule 27 cpc has to be disposed of and he is ready for arguments thereon only. upon being told that such applications, as per the established law, are to be heard along with the appeal only, though he has given a narration of the facts of the case, however stating that some of the ..... .324/2006.18. a full bench of the lahore high court in lala maha deo vs. ranbir singh air 194.lahore 220 held that a hindu son does not claim under his father within the meaning of section 11 of the cpc inasmuch as a son in a joint .....Tag this Judgment!
Court : Chennai
Reported in : (1987)1MLJ149
..... in 1930, she had for her livelihood, walked into an orthodox brahmin family. ranganatha's relations, who claim a superior status and which was available under ancient hindu law, yet had permitted him to develop intimacies with her and she lived in the house along with them. she had to look after bagirathi, who was ' ..... her survival during her existence in that household. in those days an impression was injected into the minds of every hindu and in particular with women and which had its origin in ancient hindu scriptures that evil would be fall in the hands of god if wrongs are done or spoken about brahmins. ranganatha ..... is entitled to maintenance from the estate of her deceased husband which is in the hands of his surviving coparceners (page 218 in hindu law by raghavachari) therefore, on and from 24.12. 1966, till date of suit at rs. 75 per month and at rs. 1 00 per month ..... suit property, which is a joint family property, with damages, as claimed. as for the claim of maintenance, ranganatha died on 23.8.1955, and hindu succession act came into force only on 1.6.1956. the suit property being a joint family property, and herself being a widow of a coparcener, she ..... describe her in a material document, and the origin being conibinage and which had continued to be so throughout, such a cohabitation in the eye of law, would never confer the status of a wife upon first plaintiff.15. plethora of documentary materials exist in the form of letters, school records, voters .....Tag this Judgment!