Court : Chennai
Decided on : Dec-20-1928
Reported in : AIR1929Mad586; 121Ind.Cas.113; (1929)57MLJ826
..... being in my opinion in conflict with the conception of a joint: family it is almost impossible to reconcile the explanation with the fact that ancient hindu law specified a definite share, described as a fourth, as that of the sister in such a partition after her father's death. by whatever method ..... j. at page 567: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 ..... , 12; 1 strange 67. it is doubtful how far this obligation of a parent to maintain a child which is part of all systems of law including hindu law extends to the marriage of the child. on the other hand, it may be said that the obligation to marry the daughter is not a legal ..... pay her marriage expenses is based only on this passage in the mitakshara, which is open to another interpretation. the statement quoted from strange's hindu law--'daughters take nothing as of right during their father's life'--appears to be the learned author's inference from the same passage. i agree with ..... property had survived to these days in the form of a claim for maintenance and marriage expenses, it would be such an interesting feature of hindu law that modern students and commentators could hardly have overlooked it. yet none of them mention it; and though the argumentum ab silentio should not be .....Tag this Judgment!
Court : Chennai
Decided on : Nov-01-1928
Reported in : AIR1929Mad545; 121Ind.Cas.126; (1929)56MLJ673
..... .125. coming to subramania aiyar v. rathnavelu chetty : (1917)33mlj224 , the same judge in his order of reference remarks at page 53:that, in ancient hindu law, he (i-e,, a sudra's illegitimate son) came in as one of the twelve classes of sons, there can, in my opinion, be no ..... father and that he must therefore represent him for all purposes and for all his property. it has been frequently observed that the scheme of hindu law is not a logical one. their lordships of the privy council in considering the text in question in jogendro bhupati hurrockundra mahapatra v. nityanund ..... divided brother and the other was the illegitimate son of his father. held, that the former was entitled to succeed since the illegitimate son was under hindu law excluded from all collateral succession. the learned judges followed ravji valad mahadu v. sakudi valad kaloji i.l.r. (1909) b. 321 and ramalinga ..... -grandsons. if legitimate descendants are living the illegitimates inherit half a share.44. the authorities they quote are manu, mitakshara, mayukha and strange's hindu law. they observe at page 82:the sudra's illegitimate son is therefore in a position more analogous to that of a legitimate son, than to ..... decision in jogendro bhupali hurrochandra mahapatra v. nityanund man singh .42. jolly rests his opinion upon west and buhler.43. west and buhler in their hindu law, 3rd edition, say:in the case of a stidra, being an avibhaktha, his share, on failure of the three legitimate descendants, is inherited by .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-07-1928
Reported in : AIR1929All25
..... property, on her mother mt. dulari kuar who survived her daughter. the plaintiff has preferred this second appeal.5. woman's estate technically called stridhan in hindu law is of various kinds. the name of each class of stridhan is suggestive of the mode of acquisition or of the motive by which the donor was ..... was declared to become the bride's stridhan; and this rule of succession appears to be a compromise between the original and the later view.' (sarkar on hindu law p. 734, edn. 6).8. the learned advocate for the appellant has contended that no immovable property given to a girl can be her sulka which ..... it is the price (of labour) since its purpose is to engage a (labourer) (pp. 309-310).6. sir e.j. trevelyan in his work on hindu law (e. 2, p. 436) has the following:according to the more usual view, this was the gratuity for the receipt of which a girl is given in marriage ..... stridhan is known as sulka which has been defined to include property given to a woman before or after her marriage by husband's relatives. in his hindu law of marriage and stridhan, 4th edition, sir guru das banerjee quotes the following passage from well-known works:the trifle which is received by a woman ..... is limited to trifling gifts of cash or ornaments such as may be regarded as her 'perquisite.' it may be that in ancient days when this class of stridhan was first recognised only articles of comparatively small value were the subject of it but, given all other conditions, there .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-07-1928
Reported in : AIR1929Cal1
..... he was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that he was doing what was wrong or contrary to law. he cannot therefore claim exemption from criminal liability under section 84, i.p.c. the weapon employed, an unusually large and heavy clasp knife, pointed ..... points to be taken into consideration coupled with the other evidence on record bearing on the question of insanity. in my opinion it is not the law that because a horrible murder has been committed with no apparent motive, in circumstances as have been spoken to by the prosecution witnesses, one may ..... the fact that the accused tried to resist arrest shows unmistakably that he was well aware at the time that he had committed an act which in law was criminal. this circumstance would also show that the accused cannot claim any exemption under section 84, i.p.c. the jury found that the ..... are the points which can only satisfy the truly conscientious advocate. every man accused of an offence has a constitutional right to a trial according 'to law and the duty of his counsel re-quires him to scan with legal knowledge the forms of the proceeding against the accused. (see in this connexion ..... when the jury were empanelled the accused was unrepresented and that the jurors not having been challenged the constitution of the jury was not in accordance with law. mr. huq has further argued that the learned additional sessions judge was wrong having regard to the provisions of section 340, criminal p. c, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-10-1928
Reported in : AIR1929Mad296; 118Ind.Cas.821; (1929)56MLJ401
..... compels us to enforce a rule leading to such strange results? the contention seems on the contrary to be inconsistent with well-established principles of the hindu law. it is a normal incident of a joint family that a bare possibility of a concurrent interest : coming into existence imposes no fetter on alienation ..... the surviving coparcener, the restriction on his power lasts till his death. with the conception that a widow has limited powers over property, the hindu law has made us familiar; but the doctrine we are now asked to accept leads to the starting result that the position of a male proprietor is ..... it is true that in many instances the supposed prohibition (i.e., against adoption) coincides in its operation with the actual principles of the hindu law as drawn from the hindu sources, but in others it docs not. it is desirable, therefore, that these principles and their bearing on the matter in question should, ..... son; in other words, does the settlement by the grandfather of the 3rd october, 1918 divert the course of devolution of the property under the hindu law? and this of course opens the first of these questions, namely, the estate of the surviving member.4. perhaps it is as well to begin ..... cases are what we have to look to in a matter of this sort, because as is well known, the ancient texts are singularly bare of authority with regard to adoption and the law on this subject has been practically entirely judge-made. the cases, i have analysed under three heads. although as .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-26-1928
Reported in : AIR1928Bom295; (1928)30BOMLR692; 113Ind.Cas.497
..... defendant no. 3, to adopt, that hambirrao was a kshatriya, and therefore the adoption of the plaintiff as a son of the sister was invalid under the hindu law applying to the first three castes, as no special custom validating such adoptions was proved. he, therefore, dismissed the suit, the plaintiff appeals.4. the ..... 1872) 14 m.i.a. 670 it is laid down (p. 585):-it is of the essence of special usages, modifying the ordinary law of succession that they should be ancient and invariable : and it is further essential that they should be established to be so by clear and unambiguous evidence. it is only by ..... such as the following: bhandari, lohar, mali, teli.35. mr. euthoven, however, was of opinion that the claim of the marathaa to belong to the ancient ninety-six families of the ksbatriya racs had no foundation in fact, but must have been advanced after they rose to power.36. sir herbert risley, director of ..... i refer to mr. c.v. vaidya who, i believe, was the chief justice of gwalior and has devoted himself for many years to research in ancient indian history he is himself a brahmin by caste and accustomed to weigh judicial evidence. in a very recent publication in 1927 styled 'shivaji souvenir' at page ..... generation and is not act quite at rest. but it appears clear that not only the family of shivaji the great nor even the live most ancient families among the maratbas, but at least ninety-six of them have claimed to be kshatriyas and repudiate being shudras; and that even if a similar .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-20-1928
Reported in : (1929)31BOMLR331
..... wrongly, it is not a ground for interference under section 115. in the present case it cannot even definitely be said that the lower court's decision is wrong in law. there are rulings on both sides. the lower appellate court has relied as i have said on the observations of the privy council in lalla bunseedhur v. koonwur bindeaeree dutt ..... jurisdiction acted illegally or with material irregularity. in my opinion it is nothing of the kind. the lower appellate court had jurisdiction to hear the appeal and if on the law as the lower appellate court understood it, it came to a decision which does not commend itself to the applicant and as a matter of fact does cause him some ..... dismissed with costs as no second appeal lies from an order of the kind referred to in section 104. the civil revision application has been heard on the point of law as well as on the merits. it is an application under section 115 of the civil procedure code. and the first and most important point in it is whether this court has .....Tag this Judgment!
Court : Chennai
Decided on : Aug-20-1928
Reported in : (1928)55MLJ478
..... , also arrives at the conclusion that anuloma marriages are valid. in that case, the question related to a pratiloma marriage and it was held that it was invalid under the hindu law. i am prepared to follow these cases and hold that the marriage in question is valid. i am not to be understood as saying that pratiloma marriages are invalid; that ..... the marriage is valid.28. in bai gulab v. jiwanlal harilal i.l.r. (1912) 46 b. 871 it was held by the bombay high court that according to the hindu law as administered in that presidency, a marriage between a vaisya male and a female was valid. in the judgment in that case are discussed the original authorities bearing on anuloma ..... woman, who before marriage was converted to hinduism. sankaran nair and abdur rahim, jj., held that the marriage was valid under the hindu law. the ground of decision was, that the christian lady became a hindu on conversion although not a hindu belonging to any of the three regenerate castes. this decision is not confined to christians by profession only, but equally applies to ..... to one in the position of sulochana, is a question which i leave open, observing for the present, that it deserves to be carefully considered, from the standpoints, both of ancient authority and of historical evidence.30. i have come to the conclusion that the marriage under consideration is, for the reasons i have stated, valid.31. i may add that .....Tag this Judgment!
Court : Chennai
Decided on : Aug-06-1928
Reported in : 113Ind.Cas.449; (1929)56MLJ41
..... property to strangers, they think no custom as to this has been proved to exist, and that such arrangements are against the radical view of the hindu law.23. if this sentence stood alone, it would doubtless support the contention that their lordships were intending, a contrast between a gift of a life estate ..... and what is that reason? 'agreements for reasonable provision for widows ought to be upheld as valid according to general custom modifying the strict terms of hindu law.' but, there is no reason to recognise the custom in support of a more general extension of the modification. this is precisely the view that the ..... give the property to strangers, they think no custom as to this has been proved to exist and that such arrangements are against the radical view of the hindu law.8. i think, as i understand their lordships' judgment, the effect of it seems to be this : (1) if an agreement provides a gift ..... on the ground that they were based on sound reasoning, but, as it might be inferred from their all but uniform course, that by. hindu custom and usage the law was modified to the extent of sanctioning arrangements 'in so far as they regulate the right of widow as against the adopted son.' the ..... property will not reach the adopted son in any event. in the ordinary course, after parvathi animal's death (intestate) the daughters succeed to a hindu daughter's interest in the suit lands and, as this is not an absolute interest, there is a further chance of the adopted son getting these .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-09-1928
..... train time. there is no question concerning title to land. no provision of state statute or constitution, and no ancient or fixed local usage is involved. for the discovery of common law principles applicable in any case, investigation is not limited to the page 276 u. s. 530 decisions of the ..... injuries. beutler v. grand trunk railway, 224 u. s. 85 , 224 u. s. 88 , decides who are fellow servants as a question of general law. * the lower courts followed the well established rule, and rightly held the contract valid. the facts shown warrant the injunction granted. decree affirmed. page 276 u ..... below should be affirmed unless federal courts are bound by kentucky decisions which are directly opposed to this court's determination of the principles of common law properly to be applied in such cases. petitioner argues that the kentucky decisions are persuasive, and establish the invalidity of such contracts, and that ..... and voluntarily, shall be held sacred, and shall be enforced by courts of justice." the station grounds belong to the railroad company, and it lawfully may put them to any use that does not interfere with its duties as a common carrier. the privilege granted to respondent does not impair ..... the corporation, or for effecting the object for which it is created: provided, that such regulations, rules, and bylaws shall not be repugnant to the laws and constitution of said states or the united states. . . ." the opinion does not hold or suggest that the contract was contrary to any .....Tag this Judgment!