Court : Kolkata
Decided on : Jul-31-1940
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 : Allahabad
Decided on : Sep-05-1940
Reported in : AIR1941All43
..... with all the necessities of life and now she is about 65, and although we do not think that the archaic injunctions of the ancient hindu law-givers regarding the abstemious austerity of a hindu widow's life can be or ought to be enforced in these days, we cannot lose sight of the fact that the plaintiff is ..... had left the house. in ekradeshwari bahusin v. homeshwar singh ('29) 16 a.i.r. 1929 p.c. 128 their lordships of the privy council held thata hindu widow who has left the residence of her deceased husband, not for unchaste purposes, and resides with her father, is entitled to maintenance, also to arrears of maintenance ..... to a husband to dispose of his property in such a manner as to jeopardise the rights of his wife. if a provision is made by a hindu husband in his will as regards the maintenance to be granted to his widow after his death, this can only be taken as a suggestion made by ..... residential home.9. it may be noted that the plaintiff did not base her claim to maintenance on the will, but on the general right of a hindu widow to be maintained by the person in possession of her husband's estate. the plaint does not contain any reference to the will nor is there ..... right of maintenance out of the estate of her husband because she had left the residential house. as a pure proposition of law the contention is not tenable. it is not enjoined in the hindu shastras that a widow should remain in the residential house of her late hushand under all circumstances and beset by all kinds .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-1940
Reported in : AIR1940Mad804; (1940)2MLJ298
..... 5 per mensem. this decree was confirmed by the district judge on appeal. the widow has now appealed to this court.2. the ancient texts of hindu law do not place upon a father a legal obligation to maintain his married daughter, but they do indicate that he is under a moral ..... high authority and mentioned in the mitakshara and smritichandrika. (mayne on hindu law and usage, 10th edition,, p. 43.) sircar expresses the opinion that a married daughter is ordinarily to be maintained in her husband's family, ..... father according to medhatithi. (ghose's principles of hindu law, 10th edition, p. 310.) as mayne observes medhatithi's work is the earliest commentary extant on manu and is frequently referred to as of ..... her father's family, if her husband's family is extinct, or incapable on account of extreme poverty, to support her. (ghose's principles of hindu law,. 10th edition, p. 305.) he also points out that the sonless widowed daughter and grand daughter and sister come back to the family of the ..... if she could not get sufficient provision from her deceased's husband's family for her maintenance. bhattacharya also says (page 400) that under the hindu law texts, widowed daughters are entitled to maintenance and 'justice requires that their right should be recognized.' the argument that by marriage she becomes a member .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-12-1940
Reported in : AIR1941Bom233; (1941)43BOMLR114
..... discuss the origin of jainism, because whatever its origin, it is clear that the jains have adopted the hindu law of succession from very ancient times. but mr. desai argues that although the hindu law of succession might apply, the act of 1929 does not apply to them as it does; not specifically ..... this discussion that there are only two fundamental schools of hindu law, the mitakshara and the dayabhaga, and mayukha, in spite of its different interpretation of the ancient texts on some points, belongs to the mitakshara school of hindu law. the phrase 'the law of mitakshara' used in section 1 of the act of ..... 1929 includes all sub-divisions of the mitakshara law and excludes the law of dayabhaga. in fact, there is ..... works, the mitakshara and the dayabhaga, hold the field for the last seven centuries and have been recognized as the two main schools of hindu law. subsequent writers have propounded various divergent interpretations of the original texts, but they all based their views on the subject of succession either on ..... say that; it is applicable to jains. the preamble to the act speaks of altering the order in which certain heirs of a hindu .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-21-1940
Reported in : AIR1941Cal272
..... behind my back.' then it is contended by mr. roy and mr. das these cases have restored the hindu system to its ancient purity and mark the return of the golden age of hindu law. my enquiries as to separate representation in that golden age were not profitable and i am bound to confess ..... question, question 2 is 'effect of partial debutter.' how such a disposition is regarded in what mr. roy referred to as 'pure hindu law,' (that is to say hindu law before any influence upon it of ideas of english jurisprudence), i have been unable to form any view. in its legal aspect, it seems ..... representation by shebaits.46. it seems to me therefore that by a swing of the pendulum or a retributive process we have now introduced into hindu law from english chancery practice the idea of 'separate representation' based upon the equitable principle that a beneficiary is to be separately represented when the ..... correct or is it not misleading to use the phrase 'separate representation' at all. secondly, mr. roy and mr. das as champions of 'the pure hindu law' reject like poison all ideas and principles of english equity. on the other hand and these, i think, are mr. das's actual phrases, he ..... limit the exclusion to religious trusts. mr. roy and counsel supporting the deity base their contention on the following grounds : (1) that the integrity of hindu law has been expressly preserved by statute, (2) that the statutes relating to trusts such as the trusts act, the trustees act and so forth, all in .....Tag this Judgment!
Court : Mumbai
Decided on : May-02-1940
Reported in : (1940)42BOMLR1100
..... they apply the mahomedan criminal law or the ancient mahomedan rules of evidence. at the same time the procedure of the courts in applying hindu or mahomedan law has to be appropriate to the lawst which they apply. thus the procedure in india takes account, necessarily, of the polytheistic and other features of the hindu religion and recognises certain doctrines of hindu law as essential thereto, e ..... . 64 indap 203. from these considerations special to hindu law no general licence can be derived for the invention of fictitious persons. it is as true in law as in other spheres ' entia non sunt multiplicanda praeter necessitatem.' the decisions recognising a mosque as a ' juristic person ' appear to be ..... v. ram lal maitra (1909) i.l..r. 37 cal. 128, 153, golapchandra sarkar, sastri's ' hindu law,' 7th ed.,pp.865 et seq.). but there has never been any doubt that the property of a hindu religious endowment-including a thakurbari-is subject to the law of limitation (damodar das v. lakhan das : jswari bhubaneshwari thakurani v. brojo nath dey (1937) l.r ..... indian courts to certain classes of matters and to certain classes of people as part of the law of the land which the courts administer as being within their own knowledge and competence. the system of ' expert advisers' (muftis, maulavis or in the case of hindu law pandits) had its day but has long been abandoned, though the opinions given by such advisers .....Tag this Judgment!
Court : Privy Council
Decided on : May-02-1940
..... they apply the mahomedan criminal law or the ancient mahomedan rules of evidence. at the same time the procedure of the courts in applying hindu or mahomedan law has to be appropriate to the laws which they apply. thus the procedure in india takes account necessarily of the polytheistic and other features of the hindu religion and recognizes certain doctrines of hindu law as essential thereto, e. g ..... . 835, was cited to him but he wrongly considered that s. 49, evidence act, was applicable to the ascertainment of the law. he seems also to have relied on the old practice of obtaining the opinions of pandits on questions of hindu law and the reference made thereto in 12 mia 397 (2) at pp. 436-9. no great harm, as it happened ..... the deity and the image : cf. 37 cal 128 (9) at p. 153, golap chandra sarkar sastri's hindu law, edn. 7, pp. 865 et seq. but there has never been any doubt that the property of a hindu religious endowment -including a thakurbari-is subject to the law of limitation: 37 ia 147; (10) 64 ia 203. (11) from these considerations special to ..... indian courts to certain classes of matters and to certain classes of people as part of the law of the land which the courts administer as being within their own knowledge and competence. the system of "expert advisers" (muftis, maulavis or in the case of hindu law pandits) had its day but has long been abandoned, though the opinions given by such advisers .....Tag this Judgment!
Court : Privy Council
Decided on : Jan-16-1940
..... acceptance by the donee (cf. sarkar's "hindu law," edn. 7, p. 991. dayabhaga i. 22). the right of a hindu in bengal to make a will was recognized by this board in 1856 as well established, it being stated that "the strictness of the ancient law has long since been relaxed" : 6 mia ..... remainder" and "executory bequest" which the lord justice "borrowed" to express his meaning were somewhat unreasonably taken as introducing the technicalities of english law into the hindu law. the words however were used together for the very purpose of excluding such technicalities - the differences between contingent remainders and executory demises not being ..... same view: the appellant based his contention on two grounds. first, he argued, that if property vests in a full owner under the ordinary hindu law of inheritance, then the future devolution of the property from him cannot be disturbed except by a restriction imposed from the beginning. next, he ..... whom it can be transferred. it is important that the close connexion between the several branches of this decision should not be overlooked. if hindu law, whatever may have been its earliest form, is to have regard not only to absolute or complete ownership in property but to limited ..... 309 (2) at p. 344. but in a later case it was said on behalf of the board by turner l. j. that "with reference to the testamentary power of disposition by hindus the extent of this power must be regulated by the hindu law" .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-16-1940
Reported in : (1940)42BOMLR621
..... and does not require acceptance by the donee [cf. sarkar's 'hindu law,' 7th ed., p. 991. dayabhaga i 22].11. the right of a hindu in bengal to make a will was recognised by this board in 1856 as well established, it being; stated that ' the strictness of the ancient law has long since been relaxed ' [nagalutchmee ummal v. gopoo nadaraja chetty ..... share. but the words ' remainder ' and ' executory bequest' which the lord justice ' borrowed ' to express his meaning were somewhat unreasonably taken as introducing the technicalities of english law into the hindu law. the words, however, were used together for the very purpose of excluding: such technicalities- the differences between contingent remainders and executory devises not being in point in connection with ..... interests-as sir robert collier said ' limited interests are common enough ' [sreemutty kritoromoney dossee v. maharajah noren-dro krishna bahadoor , 31] but that there is no distinction in hindu law for the present purpose between moveable and immoveable property. on this point also the reasoning of jenkins c.j. appears to their lordships to have much force. its cogency is ..... rules which he discovered in ' fearne on contingent remainders.' still, it might not be candid to deny that soorjeemoney's case had dealt abruptly rather than meticulously with hindu law and was in some respects lacking in precision: hence subsequent decisions must be scrutinised to see if they restrict the freedom of bequest which it allowed.14. in a .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-30-1940
Reported in : AIR1941Bom222; (1941)43BOMLR314
..... belong, as illegimate children have been allowed to inherit and claim maintenance among shudras. reliance was placed on the observations of cowell in his treatise on hindu law (part i, vide pp. 170-171) where he says as follows:-there is no disabling stigma about adultery amongst hindus, and it follows that illegitimacy ..... position of women and the discouragement of subsidiary sons. i do not think it necessary to enter into a discussion of the motive underlying the ancient usage prior to the codes which permitted a father to claim illegitimate sons as his own. it is sufficient to show that the rishis in ..... for a man's spiritual benefit, they emphatically condemned, for that very reason, the acceptance of such secondary sons . . . . the condemnation from such ancient times shows that it could not have been at any time a widely prevalent usage, but must have been limited to a few tribes or families. the hopeless ..... description of a son which the rishis recommended for adoption. it is suggested that the twelve classes of sons, which are enumerated in ancient smritis, might well include an illegitimate son. according to vishnu-smriti (xv, 1-30,-asiatic society's sanskrit edition, pp. 43-44) the twelve ..... sons which the ancients recognized were:the real legitimate son, the son of the appointed wife, the son of the appointed daughter, the son of the twice-married woman .....Tag this Judgment!