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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Court: kolkata Page 1 of about 1,216 results (0.041 seconds)

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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Feb 05 1999 (HC)

Joyita Saha Vs. Rajesh Kumar Pandey

Court : Kolkata

Reported in : AIR1999Cal109

..... performance of religious duties. it is not a contract. marriage is a sanskara or sacrament. it is the last of the ten sacraments enjoined by the hindu religion for purifying the body from inherited taint. the ancient hindu law recognized eight forms of marriage, of which four were approved forms, and four unapproved. the approved forms were 'brahma', 'daiva', 'arsha' and 'prajapatya'. the ..... not apply to the indian witness.26. thirdly, the photographs namely, exhibit 'e' series if are taken into account would clearly show that there was a marriage solemnised under the hindu law between the respondent and the appellant and the appellant was a willing party to the same. however, as the negatives of exhibit 'e' series were not filed in the trial ..... dw-2, the priest himself in his evidence had categorically stated that he had performed marriage ceremony of the respondent with the appellant but not as prescribed according to the hindu rites and customs. the bride and bridegroom sat together and 'homa' was performed but the ceremonies were not performed properly. saptapadi was not performed. he also admitted that it ..... held between the respondent and the appellant, which would also be evident from the photo-graphs being exhibit 'e' series. it must be presumed that all the necessary ceremonies of hindu marriage were duly performed and since there was no corroborative evidence given by anybody on behalf of the appellant, accept the appellant's own evidence, that evidence should not be .....

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Apr 12 1989 (HC)

United Bank of India Vs. Rashyan Udyog and Others, Etc.

Court : Kolkata

Reported in : AIR1990Cal146,[1992]73CompCas482(Cal),93CWN1130

..... and decree refusing pendente lite interest and interest on the decretal amount till realisation.'3. exaction of interest on loan, more often than not, operates harshly on the debtors. our ancient hindu law condemned such practice. vasista said (vasista-sanhita, chapter ii, verses 36042) that 'if destruction of foetus and exaction of interest were weighed in balance, the destroyer of foetus would go ..... not feel themselves justified in taking interest on money advanced'. we are fully alive to the fact that we do not, as we cannot, administer either the classical hindu law or the classical muslim law; but we have referred to all these only to show that, even though conceded as a necessary evil in commercial practice, our juristic heritage condemned the practice of ..... upon the scale and usurer would fall down', and commenting on this, dr. p. n. sen in his tagore law lecturers on hindu jurisprudence (1918, page 300) said that this figuratively expresses the sage's opinion that extortion of interest which sucks the life-blood, so to say, of living men is ..... principle, a new jurisprudence, so to say, so that our constitutional resolve to secure and our constitutional mandate to promote socio-economic justice are fruitfully carried out by moulding our laws, both legislative and judicial, whenever necessary and wherever possible.11. the principles enshrined in art. 38 and art. 39a, like all the other directive principles in part iv of .....

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Nov 27 1984 (HC)

Susanta Kr. Das Gupta and ors. Vs. the Managing Director, Durgapur Ste ...

Court : Kolkata

Reported in : (1985)IILLJ307Cal

..... ) at page 514, the incidence of mixed marriage has been stated. there it has been categorically stated that when intermarriages were permitted by ancient hindu law, children born of mixed marriages were termed anulomajah. their caste was neither that of their father nor that of their mother. they belong to ..... this guide line set down by the government of india.5. moreover, it appears that the circular appears to be in consonance with the principles of hindu law. when a man marries a girl of lower caste or when a man marries a girl of higher caste, the wife does not acquire the husband' ..... in my opinion, in either of the two cases, marriage will not make any difference. the general principles of hindu law as well as the circular issued by the home ministry really have settled the law. in jaipal singh's case (supra) it was decided by the supreme court that the question was whether a ..... the tribe of her husband.10. in this case it has not been stated whether the marriage between mina das and her husband took place according to hindu rites or otherwise.11. in my opinion, the petitioners in this case, are entitled to succeed. but there has been inordinate delay in presenting this petition ..... there the petitioner had applied for appointment as tutor in which she annexed certificate to the effect that she had embraced islam, although she was originally a hindu. she had married a muslim and had been accepted by the members of husband's community and she had become a labbai by marriage. it was .....

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Sep 17 1974 (HC)

Ram Chandra Bhattacharjee Vs. Manju Bhattacharjee

Court : Kolkata

Reported in : AIR1975Cal118

..... by vachas-pati misra (particularly for the mithila school of hindu law), raghunandan on his udbahatawitta, risley's tribes and castes of india and law and customs on hindu castes by arthur steel.4. out of the eight kinds of marriage laid down by the ancient hindu law givers, four only were in approved forms viz., brahma ..... the fifth and the seventh from the mother and from the father respectively. so that is how the ancient law givers of india directed a groom to choose his bride. marriage, according to hindu law was sacred and it is the religious duty of the father to give his daughter in marriage to ..... prayer (c) may be referred to which is a prayer for mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his lifetime cannot merry any other girl. this shows that the admitted case of the ..... according to gandharva form. there was also a prayer for a mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his life cannot marry any other girl.16. the learned judge declared the marriage of ..... disuse in west bengal are not altogether obsolete in all the states of india, and particularly between the parties governed by the mithila school of hindu law. (ii) a marriage in gandharva form may be completed by the performance of ceremonies, other than homa and saptapadi where it is allowed .....

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Jul 17 1974 (HC)

Milan Kumar Das Vs. Sm. Purnasashi Dassi and ors.

Court : Kolkata

Reported in : AIR1974Cal380,(1975)1CompLJ30(Cal),79CWN9

..... have been given by his lordship in taking this view may be stated in brief as follows:9. according to notion of ancient hindu law-givers, a wife acquired from the moment of her marriage, a co-ownership in her husband's property by reason of her being the ..... whether a congenitally blind person was excluded from succession. in that context. trotter, j., observed that it must be regarded as an unabrogated rule of hindu law that a congenitally blind person was excluded from succession and that it could not be described as absolute in any other sense than that of being repugnant ..... in allotting a share to the wife or the mother is that which she had received from her husband or her father-in-law. he submits that the hindu law not having recognised any other kind of stridhana or any other source from which the wife or the mother receives a stridhana or separate ..... she is already in possession of property which is sufficient for her maintenance, it will be against the said object and consequently, against the rule of hindu law to give her a further share on partition in lieu of her maintenance, no matter from whichever source she has received the property.11. we must ..... . the principal defence of lekharani is that purnasashi having inherited an undivided l/4th share of her deceased son siddheswar as his sole heiress under the hindu law, she is not entitled to any residence or maintenance. she denies that purnasashi is entitled to a further share in the joint properties on partition thereof .....

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Mar 14 1944 (PC)

Durga Das Pan and ors. Vs. Santosh Kumar Pan Minor Represented by Sm. ...

Court : Kolkata

Reported in : AIR1944Cal428

..... . he expressed the view that she could not, for in the matter of filiation, as in the case of secondary sons of other descriptions recognized in the ancient hindu law, 'the husband is the prime author of the act (of filiation) and the wife is only the instrumental means.' he pointed out that his view on ..... periaveeru ('33) 20 a.i.r. 1933 mad. 550, at p. 778. the view expressed in those decisions rests ultimately on the opinion expressed by macnaugh-ten (hindu law, chap, vi), strange (hindu law, vol. 1, pp. 65, 66,1825 edn.), sutherland (appendix note 4) and jagannath (colebrookes digest, vol. 8, pages 330-81). they are very high ..... authorities on questions of hindu law. in ('67) 4 m.i.a. 1 (p. c). where the question was whether a man having an adopted son living could adopt another son the judi ..... to the adopter. on these grounds we do not think a disqualification can be imposed where none is expressly imposed by either the rishis or by the ancient commentators, on the ground that a son adopted by a bachelor cannot offer pindas to his maternal ancestors in the family of adoption. he would have ..... by the judicial committee in 60 a. 242.8 it is necessary therefore to examine the precise scope of the spiritual aspect. it is obligatory for a hindu to have a son. a ikahman, says manu, is born a debtor to three classes-to the rishis, to the gods and to his ancestors, the .....

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Jul 31 1940 (PC)

Rajnandini W/O Mahendra Nath Purkayestha Vs. Aswini Kumar Chowdhury an ...

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 .....

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Jul 08 1925 (PC)

Prafulla Kamini Roy Vs. Bhabani Nath Roy

Court : Kolkata

Reported in : (1925)ILR52Cal1018

..... an assignee is, in my opinion, so contrary to equity and good conscience that it should not be accepted by courts of this country, whatever the ancient hindu law on the subject was44. the observations of bhashyam ayyangar j. to which ayyar j. referred were passed in a suit in which it was contended that ..... (rama krishna's case (2). in my opinion, it is not in consonance with the principles of hindu, law, or consistent with the course of judicial pronouncements, and with all due respect i am unable to acquiesce in it.51. applying the principles which i ..... the transaction is not that it is voluntary, but that it is unauthorized, and, in my opinion, all alienations for purposes not permitted by the hindu law are to be treated as in para materia. the reasoning upon which the decisions in those cases was based has been rejected by the bombay high court ..... a widow's estate is the surrender of her entire interest in the inherited property to the next reversioner.it may be accepted that, according to hindu law, the widow can accelerate the estate of the heir by conveying absolutely and destroying her life estate.46. (per lord morris in behari lal v ..... on the contrary, the utmost precaution appears to have been taken by them to secure their strict enforcement. we have already shown that according to the hindu law women are deemed to be never fit for independence, and the widow in possession of her husband's estate is no exception to the general rule. .....

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Jul 08 1925 (PC)

Prafulla Kamini Roy Wondow of Taranath Roy Vs. Bhabani Nath Roy and or ...

Court : Kolkata

Reported in : 91Ind.Cas.897

..... an assignee is, in my opinion, so contrary to equity and good conscience that it should not be accepted by courts of this country whatever the ancient hindu law on the subject was.' the observations of bhashyam ayyangar, j., to which ayyar, j., referred were passed in a suit in which it was contended ..... transaction is not that it is voluntary but that it unauthorized, and, in my opinion, each and every alienation for purposes not permitted by the hindu law are to be treated as in pari materia. the reasoning upon which the decision in those cases was based has been rejected by the bombay high ..... , to remove the clogs which fetter the free transfer of property, and not to: have borne in mind the danger of regarding-the principles of hindu law from the; standpoint of western idealism of which lord dunedin gave the warning to which i have alluded. see also per lord gifford in cossinaut bysack ..... 413 : 5 sar. p.c.j. 452 : 8 ind. dec. (n.s.) 702 (p.c.).29. it follows, therefore, according to the principles of hindu law that a widow is impotent suo motu to affect the reversionary interests in her husband's estate by unauthorised alienations. the learned vakil for the appellants, however, upon the ..... on the contrary, the utmost precautions appear to have been taken by them to secure their strict enforcement. we have already shown that according to the hindu law, women are deemed to be never fit for independence, and the widow in possession of her husband's estate is no exception to the general rule .....

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