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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Page 1 of about 27,597 results (0.101 seconds)

Feb 09 2015 (SC)

Khursheed Ahmad Khan Vs. State of U.P. and Ors.

Court : Supreme Court of India

..... to hindu religious belief, has been statutorily provided for hindus and the hindu marriage which was considered indissoluble is now capable of being dissolved or annulled by a decree of divorce or annulment. the reasoning adopted ..... for the courts of law to sit in judgment upon that decision. such legislation does not contravene article 25(1) of the constitution.52. we find ourselves in entire agreement with the view so taken by the learned judges whose eminence as jurists concerned with social welfare and social justice is recognized without any demur. divorce, unknown to ancient hindu law, rather considered abominable ..... . even if bigamy be regarded as an integral part of hindu religion, rule 27 of the u.p. government servants' conduct rules requiring permission of the government before contracting such marriage must be held to come under the protection of article 25(2)(b) of the constitution.58. the law has been correctly stated by the high courts of allahabad, bombay and .....

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Aug 19 2014 (HC)

Sreedevi Antherjanam Vs. Bhavadasan Namboodiri

Court : Kerala

..... found prevailing amongst their marumakkathayam brethren. this is a wholly gratuitous assumption. the rule of impartibility is not peculiar to the marumakkathayam law. it was the ancient hindu law which prevailed everywhere in india but except in malabar, the hindu law in this respect was subsequently modified and the right to division of joint property was recognised." it admits no doubt, that prior ..... . this is a wholly gratuitous assumption,. the rule of impartibility is not rfa no.195/2003 -11- peculiar to the marumakkathayom law. it was the ancient hindu law which prevailed everywhere in india but except in malabar, the hindu law in this respect was subsequently modified and the right to division of joint property was recognised.127. the presumption is that the nambudiris ..... carried with them to their new home the hindu law as it prevailed at the time of their migration in the place from which ..... rfa no.195/2003 -49- in food, worship or estate, there cannot be a presumption that it became a joint family as such as known to hindu law. even the general principles of hindu law with respect to the reunion will require consent by the parties concerned. herein, the plaintiff/respondent being a minor, the father could not have unilaterally taken .....

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Sep 19 2013 (HC)

Kavita Chaudhri Vs. Eveneet Singh and anr

Court : Delhi

..... became a member of the huf.18. the defendant no.2 cannot become a member of the huf of his maternal grandfather. the concept of huf under the ancient hindu law is patrilineal and not matrilineal. hence, on the said date, the court framed the issues as follows: (i). whether the defendant no.1 is entitled ..... father. it is further held that defendant no.2 cannot become a member of the huf of his maternal grandfather inasmuch as conception of huf under the ancient hindu law is patrilineal and not matrilineal. relevant portion of the said order is reproduced as under: 15. the question which arises is whether an issue needs to ..... passed by this court in the earlier proceeding. it is pointed out that defendant no.1 had also filed a suit being cs(os)1307/2010 under hindu adoption and maintenance act, 1956 against plaintiff and defendant no.2 seeking maintenance and right of residence in the suit premises. on 20.12.2010 this ..... a right to live in the house of her husband s parents without their wishes and caprice. law permits a married woman to claim maintenance against her inlaws only in a situation covered under section 19 of the hindu adoption and maintenance act, 1956. i.e. after the death of the husband and that too ..... when she is unable to maintain herself out of her own earnings etc. it would not be abominable to say that even the parents/ parents in law at the fag-end of their .....

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Aug 29 2013 (HC)

S. Jaskirat Singh @ Prince Khurana and anr. Vs. S. Dalip Singh (Deceas ...

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 .....

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Jul 03 2013 (HC)

Pankaj Vishwakarma Vs. A.P.S. University

Court : Madhya Pradesh

..... counsel for the petitioner. petitioner was a student, who had appeared in the l.l.m.firs.semester examination conducted by the respondent/university. in paper no.5 jurisprudence including ancient hindu law, petitioner was awarded 40 marks out of 100 marks and overall as the petitioner did not get the aggregate marks required, he was declared fail in the examination. grievance of ..... interfere into the matter. the petitioner has not given any reasonable justification for the prayer made by him. that apart once, the revaluation is ordered, there is no provision under law for directing for second revaluation, until and unless the revaluation of the answer-sheets of the petitioner seem to be done in an arbitrary manner. in view of the above .....

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Sep 05 2012 (HC)

Ashok Balasaheb Chaugule Vs. the State of Maharashtra and Others

Court : Mumbai

..... the learned judges whose eminence as jurists concerned with social welfare and social justice is recognized without any demur. divorce unknown to ancient hindu law, rather considered abominable to hindu religious belief, has been statutorily provided for hindus and the hindu marriage which was considered indissoluble is now capable of being dissolved or annulled by a decree of divorce or annulment. the ..... case as well. no other conclusion can be arrived at as that would encourage persons to fulfill their political ambitions and seek power by ingenious methods. 14} the law frowns upon illegitimate and immoral relationships by giving them minimal legal sanctity. however, the child is not branded illegitimate. the relationship and particularly matrimonial may have ended but ..... prevent the state from making any law ?? (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus. 43. a bare reading of this article ..... reasoning adopted by the high court of bombay, in our opinion, applies fully to repel the contention of the petitioners even when we are examining the case from the point of view of muslim personal law. 59 .....

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Sep 05 2012 (HC)

Ashok Balasaheb Chaugule Vs. the State of Maharashtra and Others

Court : Mumbai

..... the learned judges whose eminence as jurists concerned with social welfare and social justice is recognized without any demur. divorce unknown to ancient hindu law, rather considered abominable to hindu religious belief, has been statutorily provided for hindus and the hindu marriage which was considered indissoluble is now capable of being dissolved or annulled by a decree of divorce or annulment. the ..... case as well. no other conclusion can be arrived at as that would encourage persons to fulfill their political ambitions and seek power by ingenious methods. 14} the law frowns upon illegitimate and immoral relationships by giving them minimal legal sanctity. however, the child is not branded illegitimate. the relationship and particularly matrimonial may have ended but ..... prevent the state from making any law (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus. 43. a bare reading of this article ..... reasoning adopted by the high court of bombay, in our opinion, applies fully to repel the contention of the petitioners even when we are examining the case from the point of view of muslim personal law. 59 .....

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Sep 24 2010 (HC)

Jagat Pal Vs. State of U.P. and Others

Court : Allahabad

..... or female both can adopt a child either it is male or female. 21. in the ancient hindu law five kinds of adopted sons were recognized as there was no concept to adopt a female child. however the modern hindu law recognizes only two namely, the dattaka (adopted ) and the kritrima. the dattaka form is in ..... . the right of maintenance was also extended with respect to illegitimate son, concubine etc. (some portion of the citation has been borrowed from mayn's hindu law. 18. after india's independence the parliament realising the present need of the society, has enacted the act of 1956. the object and reason of ..... 17-20; 45-47; mitakshara, i, xi. 15. gurudit singh v. surjit singh 1950 pepsu 56: 2 pepsu lr 431. 16. under the old hindu law the insistence was not only given for having a son and perpetuate the family line but simultaneously a pious duty was also imposed to maintain the dependents like ..... submissions, the respondents could not differentiate in between son and adopted son as the adopted son is as good as natural son under the provisions of hindu adoptions and maintenance act, 1956 (hereinafter referred to as act of 1956). in his submissions, the impugned reply/order dated 17.4.2010 is ..... part of the act is reproduced below :- 19. with the passing of the hindu succession act, 1956, which treats sons and daughters equally in the matter of succession, it has now become possible to simplify the law of adoption among hindus. the bill provides for the adoption of boys as well as .....

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Feb 04 2010 (HC)

Mohinder Kaur Vs. Pargat Singh and ors.

Court : Punjab and Haryana

Reported in : (2010)158PLR742

..... sbantialal v. it commissioner, gujarat, after referring to a number of decisions on the subject and it was observed that it was recognized in ancient hindu law and due effect was given to the same. it was also held that a father was entitled to effect a partial partition of joint family ..... as follows: 48. learned counsel shri b. sharma has relied on paas dewan for clarification, and extract is quoted here.... no other proposition of hindu law is so well settled than that when a coparcener partitions from the joint family and takes away his share in respect of his own sons, son ..... same manner as he can dispose of his separate property.18. learned counsel for the appellant also referred to paras no. 321 and 322 of hindu law by mulla which read as under:321. what is partition.according to the true notion of an undivided mitakshara family, no individual member of that ..... the partition took place amongst his brothers is legally sound and sustainable. that, mitakshara school of hindu law governs the parties to the suit is not in dispute. since coparcenary under the mitakshara school of hindu law consists of the original owner and his male heirs up to the four degrees, the contention of ..... this wedlock.4. the pleaded case of the plaintiff was, that the parties were jat and therefore, governed by hindu law in the matter of alienation. the suit land was said to be joint hindu family, coparcenary property. defendant no. 1 with the intention of depriving, the plaintiff of his legitimate share, in .....

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Dec 22 2009 (HC)

Binapani Samanta Vs. Sambhu Mondal and ors.

Court : Kolkata

..... court in the case of lakshman singh kothari v. smt. rup kanwar reported in : air 1961 sc 1378 observed the adoption under the ancient hindu law as follows:under the hindu law, whether among the regenerate caste or among sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family ..... said finding, the court referred the following passage from mayne's treatise on hindu law and usage, 13th edn., pp.429-30: 'adoption of daughters.-nandapandita in his dattaka mimamsa would construe 'putra' (or son) as including a daughter and ..... 367. the hon'ble apex court has come to such a finding on the basis of a well-recognised book of treatise on hindu law and usage by mayne and the principles of hindu law by mulla. for convenience, we are quoting the paragraph nos. 23 & 28 of the said decision.23. while arriving at the ..... the appellant being a member of shudra community need not perform all the ceremonies to be performed in the case of an adoption under the hindu law and the hon'ble apex court supported such custom. he also contended that the husband of the appellant took steps for sradh ceremony of dalimmoyee ..... distant relations of dalimmoyee and that the appellant was not adopted by dalimmoyee as her own daughter. no adoption ceremony was held at all according to hindu law and custom. in fact, the father of the appellant, kanailal das, was a tenant under lalit mohan and he was an employee of the .....

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