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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1954 Page 1 of about 84 results (0.044 seconds)

Jan 15 1954 (HC)

Hutcha Thimmegowda and anr. Vs. Dyavamma and ors.

Court : Karnataka

Decided on : Jan-15-1954

Reported in : AIR1954Kant93; AIR1954Mys93; ILR1954KAR70; (1954)32MysLJ33

..... debt was incurred for the sake of the family, his interest were not affected by the' sale.'there is hardly any doubt that the ancient texts of 'hindu law support the view taken by our high court. a fuller but needlessly lengthy discussion may conveniently be avoided by inviting a reference to the ..... property of his son by merely borrowing money before alienating, the property of the joint family. it enables, in a way not contemplated by hindu law, a father to defeat the rights that a son gets by birth by intentionally borrowing money and by that device to ultimately alienate his son's ..... that the sons were liable for the father's debts whether the father was alive or dead when the liability attached.'3. as pointed out in mayne's hindu law and usage, eleventh edition, p. 417 : 'on account of conflicting decisions, a full board of the judicial committee examined the whole-subject in -- 'brij ..... supreme court reported in -- 'pannalal v. mt. narainl' : [1952]1scr544 (a). the important point of hindu law referred to above is whether the pious obligation of a son to discharge his father's debt arises during the lifetime of his father. the point, as ..... before a pull bench as its disposal involved a consideration, rather a reconsideration of the views of this high court on a very important point of hindu law, regarding which a definite view had been taken from a long time. the necessity for the reconsideration arose on account of the decision of the .....

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Mar 17 1954 (HC)

Mohan Lal and ors. Vs. Mst. Bhudevi and ors.

Court : Allahabad

Decided on : Mar-17-1954

Reported in : AIR1954All588

..... ; while by re-marriage she ceases to be such. she ceases to be the surviving half of her deceased husband and becomes a part of some one else. the hindu law, as is well recognised, can be modified to well established custom and if there is a custom recognising re-marriage it cannot be said that a widow re-marrying in ..... that that result follows either by reason of any special custom to that effect or by reason of the provisions of the hindu law. it it not necessary in this case to go into the question whether under the hindu law a hindu widow would lose the widow's estate on remarriage as the question has not arisen, the custom of remarriage not having been ..... remarriage in their community was of his niece about fortyfive years back. 10. the hindu widows' re-marriage act (act 15 of 1856) provides that as there was some difference of opinion on the question whether a hindu widow could under the hindu law remarry, therefore, to remove any doubt or legal disability and for the promotion of good morals and ..... right in its conclusion that imarti devi was remarried in the sanatandharm form and not in the aryasamaj form. it was not pleaded that there was any ancient custom of re-marriage prevailing before the hindu widows' remarriage act came into forcenor does the evidence go to prove, any such custom. as a matter of fact ganeshi lal admitted that the first .....

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Jan 23 1954 (HC)

Fakirnath Vs. Krushnachandra Nath and ors.

Court : Orissa

Decided on : Jan-23-1954

Reported in : AIR1954Ori176

..... was found after a thorough discussion in the judgment of seshagiri ayyar, j. that it need not be congenital to serve as a ground of disqualification for inheritance under hindu law.furthermore, their lordships also propound the proposition in their decision that if on the death of all other members the disqualified member becomes the sole surviving member of the family ..... a ground of disqualification. incurable blindness, if not congenital, is not such an affliction as, under the hindu law, excludes a person from inheritance.' after the quotation, their lordships observed : 'the above is, their lordships hold, the true rule.' in our opinion, this decision of their lordships has ..... with approval a passage from rajkumar sarvadhikari, in his hindu law of inheritance, at p. 956, which runs as follows : 'blindness, to cause exclusion from inheritance, must be congenital. mere loss of sight which has supervened after birth is not ..... ). the question that came directly before their lordships was :'is a man who is a member of a joint hindu famiiy, which is governed by the law of mitakshara, and who becomes permanently blind after he is born, excluded by hindu law from sharing in the family property by reason of a permanent and incurable blindness which was not congenital?'their lordships quoted .....

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Aug 17 1954 (HC)

His Holiness Sri Vishwothama Thirtha Swamiar of Sode Mutt, Udipi, Mino ...

Court : Chennai

Decided on : Aug-17-1954

Reported in : (1956)1MLJ125

..... holding property. it follows from this conception that a consecrated image cannot be the property of any particular person: see page 116 of tagore law lectures, 1892, on 'the hindu law of endowments' by the late pandit saraswathi, published by thacker spink & company, calcutta (1897). see the interesting discussions in the dakor temple ..... other temples and maths are situate is known as temple square and the suit shrine abuts a street known as car street, which surrounds two ancient siva temples sri anantheswara devalaya and sri chandra mouleswara devalaya. the plots occupied by the shrine of sri krishna and its appurtenant structures are covered ..... arrayed as the 1st defendant. the contention of the plaintiffs is that the sri krishna temple is only a shrine or chapel attached to the ancient math founded by sri madhvacharya of whom the plaintiffs and defendants 2 and 3 claim to be spiritual descendants. according to the allegations in the ..... there can be no doubt but that the two mutts concerned in this suit as well as the eight other mutts at udipi are very ancient institutions. the earliest history of these institutions is involved in considerable obscurity and it is not possible upon the evidence adduced in the case to ..... are sri krishna temple though in paragraph 9 it is stated that the sri krishna mutt is only a shrine or chapel attached to the ancient mutt started by the teacher sri madhvacharya and that it is not a place of public worship nor has it any individual existence apart from .....

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Sep 01 1954 (HC)

State Vs. Bhugawan and anr.

Court : Allahabad

Decided on : Sep-01-1954

Reported in : AIR1955All78; 1955CriLJ252

..... such mischievous results unless supported by high authority. no such authority is cited in support of it.by virtue of his position, the father in a hindu family acts as a 'patria potestas1 and is the natural guardian of his children. this right of guardianship is his inherent right as father, and he ..... . even after the case came to court they expressed no remorse. on the other hand, they pleaded not guilty and took refuge under the technicalities of law. we have no doubt that the guilt of both bujhawan and bhaggal has been established and they should be convicted under section 366, penal code.13. ..... having been left without a guardian, it will be no offence for anyone to kidnap the minor from the custody of the erstwhile guardian. this proposition of law on the face of it appears startling; and if accepted, would lead to dangerous consequences. we would be loathe to subscribe to a view capable of ..... for a reference under section 307, criminal p. c. a mere disagreement by the judge with the view of the jury is not enough in law to justify a reference. the judge must further be clearly of opinion that imperative requirements of justice constrain him to take a contrary view and must record ..... it cannot, in our opinion, be characterized as unreasonable or improper. before the trial court makes a reference under section 307, criminal p. c., the law requires that it must be clearly of opinion that it is necessary for the ends of justice to submit the case to the high court.where two possible .....

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Mar 15 1954 (SC)

M.P. Sharma and ors. Vs. Satish Chandra, District Magistrate, Delhi an ...

Court : Supreme Court of India

Decided on : Mar-15-1954

Reported in : AIR1954SC300; 1978(2)ELT287(SC); (1954)IMLJ680(SC); [1954]1SCR1077

..... power of search and seizure is in any system of jurisprudence an overriding power of the state for the protection of social security and that power is necessarily regulated by law. when the constitution makers have thought fit not to subject such regulation to constitutional limitations by recognition of a fundamental right to privacy, analogous to the american fourth amendment, ..... section 94 because, in any case, non-compliance results in the unpleasant consequence of invasion of one's premises and rummaging of one's private papers by the minions of law under a search warrant. notwithstanding these assumptions we are unable to read section 94 and 96(1) of the criminal procedure code as importing any statutory recognition of a theory that ..... it is necessary to have a cursory view of the origin and scope of this doctrine and the implications thereof as understood in english law and in american law and as recognised in the indian law. 6. in english law, this principle of protection against self-incrimination had a historical origin. it resulted from a feeling of revulsion against the inquisitorial methods adopted ..... the various petitioners, inasmuch as their buildings were invaded, their documents taken away and their business and reputation affected by these large scale and allegedly arbitrary searches and that a law (section 96(1), cr.p.c.) which authorises such searches violates the constitutional guarantee and is invalid. but, a search by itself is not a restriction on the right .....

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Sep 07 1954 (HC)

Kaniram Hazarimull Vs. Commissioner of Income-tax, West Bengal.

Court : Kolkata

Decided on : Sep-07-1954

Reported in : [1955]27ITR294(Cal)

..... assessed to tax as such ?'mr. gupta, who appeared on behalf of the assessee, wanted to argue the question as if it had asked whether, in law, the income of the karta of a hindu undivided family derived by him as a member of a partnership could ever be the partnership income of the family itself. on behalf could ever be the ..... necessary, in the partnership for the purpose of earning an income for its own benefit. it has always been regarded correct under the income-tax law to treat the partnership income of the karta of a hindu undivided family as the family income, if he was a partner, as the representative of the family as the family income, if he was a ..... to do so in the view that whether or not kejriwal was a partner in his individual capacity or as a representative of the hindu undivided family was a question of fact in which no question of law was involved. subsequently, the assessee moved this court under section 66 (2) of the income-tax act and obtained a direction upon the appellate ..... unless he had actually entered the partnership. if that reasoning was right, it would certainly follow that indra chand kejriwal could not in law be a partner of the firm of indra chand hariram as the representative of the hindu undivided family, kaniram hazarimull, but could only be a partner as indra chand kejriwal, the individual, and the income derived him as .....

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Oct 01 1954 (HC)

State Vs. Koli Jeram Dua

Court : Gujarat

Decided on : Oct-01-1954

Reported in : 1955CriLJ1628

..... the appeal, set aside the acquittal and convict the accused under section 302, ipc however the case docs not call for the extreme penalty of the law, nor has the learned advocate general pressed for it, and in our opinion the requirements of the case will be met by awarding the lesser sentence, ..... unsoundness of mind he was incapable of knowing the nature of the act or of knowing that he is doing what is either wrong or contrary to law.consequently he is not entitled to the benefit of section 84, ipc, and he cannot be exonerated from the responsibility for the crime. accordingly we allow ..... the commission of the crime or his opinion whether the prisoner was conscious, at the time of doing the act, that he was acting contrary to law or whether he was labouring under a delusion at the time or whether by reason of any disease affecting the mind the aecus-id was incapable or ..... important 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 us have been spoken to by the prosecution witnesses, one may conclude ..... by reason thereof he was incapable of knowing the nature of the act or of knowing that what he was doing was either wrong or contrary to law.there is a difference between medical insanity and legal insanity and it is only legal insanity which exonerates the accused from the crime. there can be .....

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May 11 1954 (HC)

Amar Chand Vs. Mst. Shankari

Court : Rajasthan

Decided on : May-11-1954

Reported in : AIR1956Raj51

..... ) at p. 351, where it is held that as'most of the matters contained in the riwaj-i-ams were not different from the rules of hindu law and in these circumstances the attestation of the rjwaj-i-ams...... was not of much evidentiary value'.and the same view is reiterated at page 385, and ..... evidence produced in proof of the alleged custom satisfies, in our opinion, all the requirements of ft valid custom, viz., that it should be certain, ancient, invariable and not opposed to reason or public morality. it is impossible to say that the custom contended for in the present case is at all ..... judges came to the conclusion that the allhuwalias of the punjab whether they belonged to an agricultural or non-agricultural class were governed by the customary law of the province and that the existence of the special custom in the community as alleged by the defendant was proved and in that view they ..... allhuwalia dalip-singh son of gurubux singh of bhutari in the ludhiana district. on gurubux singh's death, mt. mohan kunwar succeeded to her fathqr-in-law's estate along with her husband's brothers hukamsingh, nathasingh and narendrasingh. this instance is also supported by mutation entries in mt. mohan kunwar's ..... recognition of the right of succession of a predeceased son's widow under the hindu women's rights to property act, 1937, is proof par excellence of the essential reasonableness of such a rule. so far as the ancient nature of the custom is concerned, it has been held on the highest authority .....

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Sep 10 1954 (HC)

Dodda Subbareddi Vs. Sunturu Govindareddi

Court : Andhra Pradesh

Decided on : Sep-10-1954

Reported in : AIR1955AP49

..... would be binding on the sons. this proposition, their lordships observed was opposed both to pricniple and authority it being a settled doctrine of hindu law that nobody has a vested rifht so long as the widow is alive and the eventual reversioner does not claim through any one who went ..... or benefit to the estate, the allence was not entitled toan absolute estate.viewed as a gift, not having been exercuted for purposes sanctioned by hindu law it would not impart an absolute title to the donee. there is no indication in the document that the widow konamma wanted to enlarge the ..... apellant invited my attention to the full bench decision in --'ramakotayya v. veeraraghavayya', (a) as also the passage in mulla's 'hindu law' 11th edition page 207 and mayne's 'hindu law' at pages 792 and 793 respectively, which are as follows:'a reversioner, whether a male or female, who consents to an allenation ..... widow unless other contingencies like re-marriage, adoption etc., take place. the interest conveyed to the transferee is not only transfmissible to his heirs-at-law, but may also be sold, mortgaged, exchanged or gifted during the lifetime of the widow. even assuming that the plasintiff by attesting the document ..... it be relinquished. that a transfer of a spes successionis is a nullity, and has no effect in law, has been repeatedly laid down by their lordships of the privy council -- vide mulla's 'hindu lw' 11th edition page 169. if so, how can his conduct before succession opens debar him from .....

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