Court : Chennai
Decided on : Dec-19-1952
Reported in : AIR1954Mad136; (1953)IIMLJ652
..... , would certainly bequeath her property to them in preference to her husband or any other relations. this is the basic humane and just principle embodied as i see it, in ancient hindu law governing succession to a woman's stridhana property which has received some belated recognition and application in the english legitimacy act of 1926.krishnaswami nayudu, j.6. the main question ..... with my learned brother that the decision of --'arnold white c. j. and moore j. in--'angammal v. venkatareddi', 26 mad. 509 (d), has been decided in complete accordance with ancient hindu law texts. it was decided there that a daughter's illegitimate children were entitled to succeed to her mother's stridhana property and that the degradation of the daughter on account ..... aiyar. in the course of his learned argument he showed a thorough study of the texts and, if i may say so, a correct appreciation of the real principles in ancient hindu law underlying the devolution of the stridhana property of a woman who dies intestate. the position that mr. somasundaram has put forward, while conceding the right of illegitimate children to inherit ..... unlawful wedlock in a manner wholly of utterly different from the bond between the father and his sons. this natural relationship and these inescapable facts are reflected in ancient hindu law governing succession to the stridhana property of a woman.3. there have been some decisions referred to by my learned brother with which we are unable with great respect to .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-29-1952
Reported in : AIR1952All716
..... fact is stated in the preamble to the beng. reg. i of 1798. that such contracts were recognized and enforced according to their letter by the ancient hindu law appears from several passages in colebrooke's digest (vol. 1, pages 183, 187, 188 and 193). that they i were equally recognized and enforced ..... app 560 (pc), and held that the contract of mortgage by conditional sale is a form of security known throughout india, and which by the ancient law of india which must be taken to prevail in every part of india where it has not been modified by actual legislation or established practice, ..... of equity, that the time stipulated in the mortgage deed is not of the essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of theeast indian company, their lordships can find no such ..... pc), stated: '............that the contract of mortgage by conditional sale is a form of security known under various names throughout india; that according to the ancient law of india it was enforceable according to its letter; and that, whether it was embodied in one instrument or in two separate instruments, and whether or ..... fact is stated in the preamble to the bengal regulation i of 1798. that such contracts were recognised and enforced according to their letter by the ancient hindoo law appears from several passages in colebrook's digest (vol. i, pp. 183, 187, 188 and 193). that they were equally recognised and enforced .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-05-1952
Reported in : (1952)54BOMLR725
..... are entitled to shares if free from similar defects', that was applicable in the dwapara yuga as the kshetraja son is prohibited in the kali yuga' (principles of hindu law by ghose, 1st edn., vol. ii, p. 1002, no. 157.)smiritchandrika ii, (mysore government oriental library series, bibliotheca samkrita, no. 48, 1916 edn ..... others take a different view. sarvadnya narayan says: hcknhuk- fer;n~xq.klafokkuks cgqozhfg%aand laxmidhar in kalpataru also says the same thing. ghose in his hindu law, 1st edn. vol. ii, p. 487, translates this passage as follows:.'those beginning with the eunuch' is a word in the atadguna bahuvrihi samasa ..... in s. 105 at p. 150 it is stated that :'the marriage of a lunatic, an idiot or an impotent person is invalid under the hindu law.' in the subsequent edition, viz., the eleventh edition by n. chandrasekhara aiyer, section 105 repeats the observations of mayne in the earlier editions quoted above ..... the extremely strong presumption in favour of the validity of the marriage. it may be urged that if nullity of marriage was not known to hindu law, their lordships would not have proceeded to consider what was the degree of mental incapacity in the individual; but none the less, it is ..... which have been addressed to us by both parties whether a marriage contracted by a really insane person, is or is not invalid according to hindu law,'when the matter went to the privy council their lordships of the privy council agreed with the calcutta high court that the objection to a .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-25-1952
Reported in : AIR1953Bom302; (1953)55BOMLR223; ILR1953Bom597
..... drawing presumptions providedthose presumptions are supported by theevidence and the circumstances of the case.these principles will be found set out inmulla's principles of hindu law, 10th edn.,19-16, section 182, p. 190.(12) sri murdeshwar for the appellants has relied strongly upon a decision of the nagpur ..... . this is what the first part of the head-note says :'in the case of an ancient transaction relating to the alienation of hindu joint family property, it must be presumed that the alienation was lawful (i.e.) justified by legal necessity.'i should be excused for saying that the principle seems ..... arid such available evidence, the court will be justified in presuming that the transaction is for legal necessity merely on the ground that it is an ancient transaction.(13) a view contrary to the view taken in the nagpur case will be found in a madras decision reported in --'subrahmanyarn v. soorayya ..... the placing of onus on the reversioner of proving absence of legal necessity.'it seems to me that the true principle is that the more ancient the alienation, strict proof may not be required in order to prove the existence of legal necessity. but, i am not prepared to accent ..... showing that hemade due inquiry about the existence of the(sic) believed in the existence ofsuch necessity. there may be, again, cases(sic) are ancient and there may berecitals as to necessity in regard to such, ancienttransactions. in cases of this type, recitals con-(sic) the circumstances and probabilitieswill .....Tag this Judgment!
Court : Chennai
Decided on : Oct-14-1952
Reported in : AIR1953Mad551; (1953)IMLJ167
..... the judgment of my learned brother, with which i am in complete agreement. i am greatly indebted to him for his research into ancient hindu texts, which appear to me to set at rest all doubts attaching to the surrender of a widow's life estate. it is ..... have placed in the way of a childless widow in the domain of surrender. the limited estate provided by hindu law for a childless widow is something peculiar to hindu law, and any endeavour to apply the principles attaching to other forms of limited interest to this kind of ..... v. srinivasa pillai', 21 mad 128 (k) (f.b.) observed :'i think it unnecessary to go into the question, whether the hindu law according to the texts or the commentaries lends support to the doctrine that a female holding a qualified estate can validly surrender such an estate, ..... ancient texts give direct support to ft commonsense and reasonable position that a childless widow can, with the consent of her husband's kins, make a valid surrender to the nearest reversioners after making gifts with their consent to any of her own relations. it is also settled law, so far as case law on any subject in the domain of hindu law ..... can be regarded as settled, as both the learned counsel agree and as my learned brother has pointed out, that a hindu widow can, with the consent of the reversioners, make a valid surrender at the same time reserving for herself a portion of property for her maintenance over which she will have absolute powers of alienation.17. the ancient .....Tag this Judgment!
Court : Chennai
Decided on : Apr-25-1952
Reported in : AIR1954Mad19
..... odgers and venkatasubba rao, jj., that the alienation could not be questioned and that the adopted son could only take what remained un alienated. the following passage from mayne's hindu law was quoted with approval.'it would be intolerable that he should be prevented from dealing with his own on account of a contingency which may never happen. when the contingency ..... to all estates in the possession of alienees. it has been already mentioned that the intention of the legislature in passing the madras impartible estates act was to preserve the ancient estates from being dismembered and with that object the statute imposed on them the character of impartibility and inalienability. some of the estates continued to remain in the family of ..... of the permanent settlement regulation and which had been declared by judicial decision to be impartible or locally considered by ancient custom to be so and had in fact descended without partition since that date. vizianagaram was included in the schedule. section 2 of the act ran thus:'the estates ..... an agitation among the zamindars of this province that we find the first madras impartible estates act being passed by june 1902. 'the act was obviously intended to preserve the ancient zamindaries of the presidency. the act contained a schedule. as explained in the statement of objects and reasons the schedule contained only permanently settled estates in existence before the date .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Oct-06-1952
Reported in : AIR1953HP63
..... the learned counsel' for the plaintiffs-respondents is unsustainable. as adverted to above, the plaintiffs described the defendants as chukandu sons of mt. durgi.now, the hindu law does not recognise a chukandu son, but a son of that category appears to be peculiar under the custom as prevalent in the former state, of suket ..... and the sartora son was born of such a union. an illegitimate son born of a concubine is not wholly deprived of his rights even under the hindu law, for though not entitled to a share of the inheritance he is entitled to maintenance even in the three regenerate castes. and in the case of ..... a sudra, an illegitimate son is entitled to a share of the inheritance under the hindu law provided the concubine was in the continuous and exclusive keeping of his father. the only difference is that what is true of an illegitimate son amongst ..... sudras under the hindu law has been applied in the case of all castes without any distinction under the aforesaid customary law of the former state of suket. it cannot, in the circumstance, be said that the custom in ..... bom 371 (a). all that has been laid down in that ruling is that before any custom is recognised it must be proved to be definite, ancient, uniform and not illegal in itself or unreasonable in the present case the custom is a recognised one since it has been recorded in the majmua qawaid- .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-27-1952
Reported in : AIR1953SC33; 4SCR154
..... one raj ballav seal. 2. on the 8th june, 1870, two days before his death, raj ballav seal, a hindu inhabitant of the town of calcutta governed by the bengal school of hindu law, executed a will giving authority to his widow mati dassi to adopt a son and appointed her and three other persons ..... .a. 91 at p. 98 :- 'in view of the arguments addressed to them, their lordships desire to emphasize that the rule of res judicata while founded on ancient precedent, is dictated by a wisdom which is for all time. 'it hath been well said' declared lord coke, 'interest reipublicae ut sit finis litium - otherwise, ..... those cases would have jurisdiction to hear the regular suits. it was urged that to substantiate the plea of res judicata even on general principles of law it was necessary that the court that heard and decided the former case should be a court competent to hear the subsequent case. this contention was ..... not the property that is the subject-matter of the present suit. he argued that when the plea of res judicata is founded on general principles of law, that plea can only prevail provided the subject-matter in the two cases is identical. it was conceded that such contention could not be sustained under ..... is directly opposed to the provisions of section 58 of the transfer of property act and the clear provisions of section 73 which only states the law that prevailed even before then. the result is that we are of the opinion that the high court was in error in holding that the decision .....Tag this Judgment!
Court : Rajasthan
Decided on : May-17-1952
Reported in : 1953CriLJ159
..... and that, as such, ho could not be convicted of abetment, and he has cited some authorities in support of this contention. i quite agree with the proposition of the law as stated in these rulings, but the accused-applicant did not merely stand by as an innocent spectator of a crime committed by a third party but, on the other .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-27-1952
Reported in : AIR1952Kant117; AIR1952Mys117; (1953)31MysLJ109
1. the original suit out of which this appeal arises was filed in a representative capacity, for a declaration that the plaint schedule property belongs to the people of the village of marase and that the alienation by the defendants does not bind the plaintiffs and for possession of the same together with mesne profits. the munsiff dismissed the suit while the subordinate judge allowed the appeal and decreed the suit. the 5th defendant who is now in possession of the property and who is the third alienee has preferred this appeal against that judgment.2. the evidence adduced in the case is conclusive that the property belongs to the villagers of marase and the same was purchased originally by defendant 1 for and on behalf of the villagers. the documents produced in the case especially the khirdi extract (ex.- c) and the khatha extracts (exs. d and e) clearly show that the khatha stands in the name of defendant 1 for and on behalf of the villagers while the admission of defendant 1 himself in ex, a which is the hypothecation deed executed by him in favour of p. w. 1 to the effect that the schedule property belongs to the villagers, leaves no doubt in the matter.3. the main dispute in the suit centres round the point whether the alienation by defendant 1 in favour of defendant 2 or the alienations subsequently effected were acquiesced in by the people of marase village. the oral and documentary evidence that has been adduced in the case does not justify any such conclusion of .....Tag this Judgment!