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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1946 Page 1 of about 56 results (0.065 seconds)

Jul 09 1946 (PC)

Lala Duni Chand Vs. Musammat Anar Kali

Court : Mumbai

Decided on : Jul-09-1946

Reported in : (1947)49BOMLR1

..... the material point of time being the date when the succession opens, namely, the death of the widow.16. on the position of reversioners in hindu law, opinions have been expressed by this board from time to time, with which the views of the learned chief justice in the case of rajpali ..... that the person who would be the next reversioner at that time would succeed to the estate and the alteration in the rule of the hindu law brought about by the act would then be in full force.15. in the argument before their lordships, reliance was placed upon the words ..... in complete agreement with the views of the learned chief justice in that case, that, during the lifetime of the widow, the reversioners in hindu law have no vested interest in the estate but have a mere spes successions or a chance of succession, which is a purely contingent right which ..... of succession in hindu law by introducing certain persons as heirs, who had no such place according to the ordinary interpretation of mitakshara law. the act is one of the several measures enacted during recent times, in a reformative spirit, with a view to bringing the ancient rules of hindu succession into conformity ..... with what are regarded as the changing conditions and sentiments of present-day hindu society. it therefore selects .....

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Jul 09 1946 (PC)

Lala Duni Chand and Others Vs. Mt. Anar Kali and Others

Court : Privy Council

Decided on : Jul-09-1946

..... material point of time being the date when the succession opens, namely, the death of the widow. [12] on the position of reversioners in hindu law, opinions have been expressed by this board from time to time with which the views of the learned chief justice in 58 all 1041(1) mentioned ..... and that the person who would be the next reversioner at that time would succeed to the estate and the alteration in the rule of the hindu law brought about by the act would then be in full force. [11] in the argument before their lordships, reliance was placed upon the words ..... in complete agreement with the views of the learned chief justice in that case, that, during the lifetime of the widow, the reversioners in hindu law have no vested interest in the estate but have a mere spes successions or a chance of succession, which is a purely contingent right ..... of succession in hindu law by introducing certain persons as heirs, who had no such place according to the ordinary interpretation of mitakshara law. the act is one of the several measures enacted during recent times, in a reformative spirit, with a view to bringing the ancient rules of hindu succession into conformity ..... with what are regarded as the changing conditions and sentiments of present day hindu society. it therefore selects .....

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Jul 23 1946 (PC)

Yendamuri Veeranna Vs. Yendamuri Satyam and ors.

Court : Chennai

Decided on : Jul-23-1946

Reported in : (1947)1MLJ301

..... whether one person can inherit from another, the test is sapinda relationship or propinquity ; but as has been pointed out earlier that what the hindu law givers understood by sapinda relationship and propinquity refers only to inheritance through legitimate children. the case most favourable to the appellant is narayana pundlik valanji v ..... a sudra; that is, in these texts ' son ' means a legitimate son and 'daughter' means a legitimate daughter....illegitimate children have no place in hindu law....the rule laid down in mayna bai v. uttaram (1864) m.h.c.r. 196. that the children of a prostitute, when the contest is ..... suit, and whose title therefore depended on the right of the daughters to mortgage the property to him. the learned judge, after holding that the hindu law must be applied to the parties, held that the uncle and the nephew were joint and that upon the uncle's death, the property passed ..... to the right and privileges of a daughter's son.2. it is admitted by both sides that the rights of parties are governed by hindu law, subject of course to any agreement that they may have entered into amongst themselves. the main question arising in this litigation is whether, if ..... descendants of another illegitimate son of the same dancing girl. at page 959, wallace, j., said:i do not think that the placita from various ancient texts really assist this case, because they are not, in my opinion, dealing with the rights of succession of inheritance in favour of illegitimate children .....

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Jun 03 1946 (FN)

Pennekamp Vs. Florida

Court : US Supreme Court

Decided on : Jun-03-1946

..... . but they are generalities of the most practical importance in achieving a proper adjustment between a free press and an independent judiciary. especially in the administration of the criminal law -- that most awesome aspect of government -- society needs independent courts of justice. this means judges free from control by the executive, free from all ties with political interests ..... be placed upon such testimony . . . the fact that such affidavits were taken before the state attorney does not give them any additional weight or value." "this may be good law, exact judicial evaluation of the statutes. it is, however, the character of legal interpretation which causes people to raise questioning eyebrows and shake confused heads in futile wonderment." " -------" ..... the court of crimes." "5 -- four years for county judge." "6 -- four years for juvenile court judge." "these twelve judges represent the majesty and the sanctity of the law. they are the first line of defense locally of organized society against vice, corruption and crime, and the sinister machinations of the underworld." " -------" "it is beyond question that ..... jury for re-presentation to the court." we shall assume that the statement, "judicial instance and interpretative procedure . . . even go out to find every possible technicality of the law to protect the defendant . . . and nullify prosecution" refers to the quashing of the rape indictments, as well as other condemned steps. the comment of the last two paragraphs .....

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Nov 07 1946 (PC)

Kasiviswanathan Chettiar Vs. Somasundaram Chettiar

Court : Mumbai

Decided on : Nov-07-1946

Reported in : (1947)49BOMLR262

..... ....' the defendant denied that there was a special custom and stated that even if the custom alleged should be proved it is not valid under the hindu law as the adoption was made after the death of both the adoptive father and mother and should not be given effect to. some other defects comparatively ..... the defendant well understood in reference to the facts of the case why the adoption should be held invalid according to the strict rules of the hindu law. issues 3 and 4 raised in the case relate to the existence and binding nature of the custom, and a perusal of the evidence shows ..... and the adoption was brought about by the adoptive grandfather. it appears that it was done with the consent of the defendant also. under the ordinary hindu law which governs the parties such an adoption would be invalid, as the only person who can make an adoption is the adoptive father, if he is alive ..... up by the plaintiff, is common to all instances, though the instances of adoption by the grandfather are limited to only two. these nodoubt are not ancient, but the evidence shows that adoptions after the death of the adoptive parents have been made by the father or the other pangalis of the deceased adoptive ..... instances only two are of adoptions made by an adoptive grandfather to his deceased son-the ease set up in the plaint-that they are not ancient, and that the others are instances of adoptions made by persons other than the grandfather and cannot form evidence in support of the custom pleaded by .....

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Nov 07 1946 (PC)

S.S. Sv. Kasiviswanathan Chettiar, Since Deceased, Now Represented by ...

Court : Privy Council

Decided on : Nov-07-1946

..... " the defendant denied that there was a special custom and stated that even if the custom alleged should be proved it is not valid under the hindu law as the adoption was made after the death of both the adoptive father and mother and should not be given effect to. some other defects comparatively of ..... the defendant well understood in reference to the facts of the case why the adoption should be held invalid according to the strict rules of the hindu law. issues 3 and 4 raised in the case relate to the existence and binding nature of the custom and a perusal of the evidence shows that ..... and the adoption was brought about by the adoptive grandfather. it appears that it was done with the consent of the defendant also. under the ordinary hindu law which governs the parties such an adoption would be invalid, as the only person who can make an adoption is the adoptive father, if he is alive ..... by the plaintiff, is common to all instances, though the instances of adoption by the grandfather are limited to only two. these no doubt are not ancient, but the evidence shows that adoptions after the death of the adoptive parents have been made by the father or the other pangalis of the deceased adoptive ..... instances only two are of adoptions made by an adoptive grandfather to his deceased son- the case set up in the plaint-that they are not ancient, and that the others are instances of adoptions made by persons other than the grandfather and cannot form evidence in support of the custom pleaded by .....

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Aug 07 1946 (PC)

Kota Navaneethammal and anr. Vs. Wupputur Kamalammal and ors.

Court : Chennai

Decided on : Aug-07-1946

Reported in : AIR1947Mad131; (1946)2MLJ380

..... mother of the second defendant. the second is the seventh defendant, who supports the plaintiffs. the plaintiffs contended that the adoption was invalid because it offended against the rule of hindu law which says that there can be no valid adoption unless a marriage were possible between the person for whom the adoption is made and the mother of the adopted boy ..... the text relating to the reflection of a son was so widespread that very little evidence would turn the scale against the rule. in the earliest edition of strange's hindu law, there is this statement--in practice, the adoption of a sister's son, by persons of all castes is not uncommon. this statement was quoted with approval in the judgment ..... contesting defendants had proved that there was a custom by which a vysia could adopt a son of his sister and therefore the custom set at nought the rule of hindu law on which the plaintiffs relied. in these circumstances he dismissed the suit. the plaintiffs have appealed.2. in the court below the plaintiffs laid some stress on a practice (referred ..... boy is not unlawful and all the cases in which the rule had been ignored were reviewed. it would indeed be strange if the vysia community chose to follow the ancient law prohibiting the adoption of the son of a woman whom the adoptive father could not have married in her maiden state when the brahmin and the kshatriya communities have overridden .....

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Mar 27 1946 (FN)

Winters Vs. New York

Court : US Supreme Court

Decided on : Mar-27-1946

..... , on information, [ footnote 1 ] of a misdemeanor for having in his possession with intent to sell certain magazines charged to violate subsection 2 of 1141 of the new york penal law, consol.laws, c. 40. it reads as follows: " 1141. obscene prints and articles" "1. a person . . . who," "2. prints, utters, publishes, sells, lends, gives away, distributes or shows ..... considered, might be applied with unbridled looseness. since congress and the states may take measures against "violent and depraved crimes," can it be claimed that "due process of law" bars measures against incitement to such crimes? but if they have power to deal with incitement, congress and the states must be allowed the effective means for translating their ..... a vague state statute. the impossibility of defining the precise line between permissible uncertainty in statutes caused by describing crimes by words well understood through long use in the criminal law -- obscene, lewd, lascivious, filthy, indecent or disgusting -- and the unconstitutional vagueness that leaves a person uncertain as to the kind of prohibited conduct -- massing stories to incite ..... , rem. & bal.code, 2564, punishing the circulation of publications "having a tendency to encourage or incite the commission of any crime" to "encouraging an actual breach of law," this court affirmed a conviction under the stated limitation of meaning. the accused publication was read as advocating the commission of the crime of indecent exposure. fox v. washington, .....

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May 01 1946 (PC)

Thakur Jagannath Baksh Singh Vs. Secretary of State

Court : Mumbai

Decided on : May-01-1946

Reported in : (1946)48BOMLR467

..... to them the former rights, as those existed in 1855, of other persons whose connection with the soil is in many cases more intimate and more ancient than theirs; and it is obvious that the only effectual protection, which the government can extend to these inferior holders, is to define and record their ..... or transfer as aforesaid i i.e., one made by the crown] shall be valid and take effect according to their tenor, and rule of law, statute or enactment of the legislature to the contrary notwithstanding.11. these general words cannot be read in their apparent generality. the whole act was ..... it is sought to induce the court to arrive at this paradoxical conclusion. some of these are said to be based on the general principle of law that the crown cannot derogate from its own grant, others are said to depend on particular provisions of the government of india act.8. it ..... that of oudh. under the government of india act, 1935, the provincial legislatures (including that of the united provinces) are given exclusive power to make laws for the province or any part thereof with respect to the matters enumerated in list ii in the 7th schedule (s. 100 of the act). item ..... has arisen. in 1939 there was enacted the united provinces tenancy act, 1939. the preamble states ' whereas it is expedient to consolidate and amend the law relating to agricultural tenancies and other matters connected therewith in agra and oudh, it is hereby enacted as follows.' the act is an elaborate measure consisting of .....

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Aug 22 1946 (PC)

Robasa Khanum Vs. Khodadad Bomanji Irani

Court : Mumbai

Decided on : Aug-22-1946

Reported in : AIR1947Bom272; (1946)48BOMLR864

..... , the principles of mahomedan law should be applied.13. we might also consider another point which was debated at the bar but ..... itself operate to dissolve her marriage. this is a very clear and emphatic indication that the indian legislature has departed from the rigour of the ancient muslim law and has taken the more modern view that there is nothing to prevent a happy marriage notwithstanding the fact that the two parties to it ..... court further held that in testing whether the first marriage of a hindu woman with a hindu husband was subsisting or not at the time of her second marriage with a muslim after she became a convert to islam, the principles of hindu law should be applied; but in testing the validity of her second marriage ..... led the learned judge to come to that conclusion. in haripada boy v. krishna benode a. i. r[1989] . cal. 480 the husband, a hindu, filed a suit for the restitution of conjugal rights against his wife who had been converted to islam. it seems that she had obtained an ex parte ..... decisions of the calcutta high court which we shall briefly review. mr. justice panckridge in an ex parte case made a declaration that the marriage of a hindu woman who had been converted to islam stood dissolved. he followed an iinreported decision of buckland j. to the same effect. (see musst. ayesha bibi .....

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