Court : Orissa
Decided on : Apr-20-1955
Reported in : AIR1955Ori179; 21(1955)CLT328
..... on the principle that the accused being presumed to be innocent in the criminal law as administered in this country, the expenses required for the defence are not avyavaharika debt.he contends that under the ancient hindu law a hindu who commits an offence should confess and expiate the guilt by penance.in support ..... a serious criminal charge.'17. the learned counsel for the appellant contended that the principle of hindu law that the sons are not liable to pay the avyavaharika debts of the father based -upon ancient hindu texts should not be construed in the light of a system of criminal jurisprudence developed long after ..... of his contention he relies upon, an observation made in the case of 'air 1939 bom 289 (h)' referred to above. in the course of the judgment, beaumont c. j. observed:'it seems to me repugnant to good sense to construe ancient ..... trespass act, in the case of -- 'dhanukdhari singh v. rambirich singh', air 1922 pat 553 (l), it was held:'the rule of hindu law upon which the act of the karta and his dealing with the family property are binding upon the other members of the family does not restrict ..... defending a criminal case against the karta of the family is a debt for legal necessity and is also not an avyavaharika debt.in mayne's hindu law, edn. 11, at page 405, it is observed,'so too, debts contracted by the' father for the expense of defending himself in suits .....Tag this Judgment!
Court : Chennai
Decided on : Nov-17-1955
Reported in : AIR1957Mad122
..... rate is 100 per cent per annum, or it is compound interest at even 10 per cent per annum with daily rests. even the hindu law of damdupat where the ancient hindu law givers held that no man can recover an interest more than the principal itself at any given time, will not apply now to all cases ..... may get no loan whatever from any one and may not be able to start any trade or business and eke out their living, 29. in ancient hindu law, the just interest was held to be 11/4 per cent per annum (see vyasa and kautilya) where there was no risk to the principal and ..... and zamindars for uneconomic purposes could be recovered; as their successors would not be bound by the loans. but, as the hindu law givers have said, the law changes with the times, the laws of manu being held to operate in the krita age, of gautama in the treta age, of sankha and likhita in the ..... 000, much less a resolution allowing the contracting of a debt above rs. 99,000. mr. k. v. venkatasubramania aiyar urged that it is settled law now that the acquiescence of all the shareholders in such excess loans contracted by the directors ultra vires their powers, but not ultra vires the powers of ..... 1951: 1. is seethalakshmi the duly constituted representative of the plaintiff company? is the company properly before court? 2. was the deceased subba aiyar 'accountable' in law to the plaintiff-company, and if so in what capacity? 3. are the statements of account signed by the second defendant, not binding on the plaintiff-company .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-03-1955
Reported in : AIR1956All145
..... in fact only two main schools, the mitakshara and the dayabhaga.' the learned author at page 56 goes on to observe: 'it is usual to subdivide the mitakshara school of hindu law into four schools, namely the banaras, the mithila, the maharashtra and the dravida schools. the subdivision was once carried even to the event of dividing the dravida into a ..... that due to the capacity of individuals, or (2) that justified by qualifying words or phrases in the texts themselves.' according to him the modern conception of the schools of hindu law was based upon the diversity in the later interpretations of the older texts, and upon the subsequent predilections and customs of the particular peoples concerned. the learned author further observed ..... sub-schools, the banaras school, the mithila school, the mayukha school and the dravida schoo;; but all these four sub-schools are really branches of the mitakshara school of hindu law, because the mitakshara commentary written by vigyaneshwar is considered as principal authority in the school except on a few points where other commentaries are held to be controlling. 7. there ..... subject of subsequent commentaries. the commentator put his own gloss on the ancient texts; and his authority having been received in one and rejected in another part of india, schools with conflicting doctrines arose. 8. in the older books written by anglo-indian authors we find the division of hindu law into five schools, named by the territories in which they were considered .....Tag this Judgment!
Court : Chennai
Decided on : Oct-11-1955
Reported in : (1956)1MLJ579
..... of one dharmu ammal who died earlier. she was the legitimate daughter of one murugayi ammal who left stridhanam property. the appellants claimed that under hindu law, they were the nearest heirs of murugayi who was also survived by one venkatachalam chetti, the grandson of her sister. in that case, it ..... ; and, similarly, a putative father could not succeed to his illegitimate son. the courts recognised the obvious inequity of applying the strict principles of hindu law to such cases and were forced to make a departure from the rule. but in making that departure, the cases have proceeded on the principle ..... issue. for that contention, the learned counsel for the first defendant placed reliance on a passage in mayne's hindu law, nth edition, page 677, which is to this effect:the rules of inheritance relating to sapindas, samanodakas and bhandus are based upon marriage and legitimate ..... can be no question, could not succeed to his properties if they are in the line of heritable bandhus. but the contention is that the hindu law of succession can be applied only to the case of legitimate descendants and not to a case where the propositus, or the claimant is an illegitimate ..... entitled to inherit the stridhanam property of her mother. this right will, however, be found on examination to be based not upon any ancient texts or rule of law, but upon custom and analogy.11. leach, c.j., pointed out at page 743:it is clear that there is no authority which .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-27-1955
Reported in : AIR1955Kant133; AIR1955Mys133
..... , allowed and the order of the lower court on i. a. i. in the appeal filed there is set aside. the appeal will be heard and disposed of according to law early by the learned district judge but a sum of rs. 100 as costs irrespective of the-ultimate result will be paid to respondents-plaintiffs by appellants or their guardian ..... of limitation and somewhat liberal in exercising power to condone delay when interests of minors are involved. this does not mean that such cases arc exempt from the operation of law of limitation but does indicate the need to make a difference in considering delay which affects minors and adults.so far back as 1860, the judicial committee in 'ranee birjobutty ..... is no doubt that one of the conditions necessary to be satisfied by a party who seeks relief|is that he should apply for it within the time prescribed by law and that the omission to do so gives the party from whom the relief is claimed a vested right not to be called upon to answer the claim. it is ..... woman, that she was depending upon rame gowda's father for the conduct of the litigation, that the father-in-law fell ill and owing to the illness the appeal could not be filed in time. she and her father-in-law both filed affidavits in support of this and a medical certificate was produced. both have given evidence. the explanation offered .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Nov-30-1955
Reported in : AIR1957HP39
..... of a member to keep separate accounts of his earning will not raise a presumption in favour of blending.' in section 233 of mulla's hindu law, the learned author remarks that:'when a nucleus of joint family property is proved or admitted, a presumption arises that the whole of the ..... in nature, unless and until a partition between them was proved.reference was made, in this connection, to the provisions of section 233, mulla's hindu law. the district judge has reproduced section 233(1), in extenso. after doing that, he has pointed out that on the showing of kishan dass, plaintiff ..... regarding which proceedings in court were pending.4. the main point for determination, before the learned district judge, was:--whether the parties constituted a joint hindu family and, if so, whether the property in suit belonged to that family? a subsidiary question, which depended upon the finding on the above ..... and dealings with the estate, which furnish a true guide to the determination of the question of the jointness or otherwise. according to the mitakshara law, partition consists in defining shares of the coparceners in the joint property, and a physical division of the property is not necessary. once the ..... the evidence on the record and has also erred in not applying the relevant provisions of law. mr. bhandari stressed that hira lal, nihal chand and maya ram, sons of ram dayal, formed a joint hindu family and, therefore, there was a natural presumption that they, as descendants, continued to .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-1955
Reported in : AIR1956Cal146
..... effective order on this application. it will in no way prejudice the petitioner in making a fresh application, which must be decided upon its own merit and in accordance with law.5. this rule is discharged. i make no orderas to costs.Tag this Judgment!
Court : Kolkata
Decided on : Jul-22-1955
Reported in : AIR1956Cal410
..... once be demolished. apart from the affidavits and the report, a glance at the photographs (admittedly of the structure in question) will show that it is an ancient structure in an extreme stage of dilapidation, and should be taken down at once. the best photograph is annexed to the affidavit of pannalal shaw (ex. ..... the very purpose of the repair or demolition would be frustrated.19. it must also be remembered that the case above-mentioned is an action at law and not one for a high prerogative writ. in an application under article 226, it would not be an insuperable bar that there was the certificate ..... giving him dictatorial powers which may easily be abused. the discretion that the law gives him is within a narrow compass. there must be an 'imminent danger' of the building or wall falling down or collapsing and there must be ..... the commissioner must make up his mind whether he shall give notice to the owner or occupier or whether he would act 'forthwith'. it is not the law that the commissioner can arbitrarily pull down any building in calcutta that he does not approve of, without any reference to its owner. that would be ..... one; and if general convenience and the interest of the public require them, however stringent enactments may be, private rights and interests must give way, and the law must not be suffered to remain a dead letter.' keating j. said: 'i am of the same opinion ..... as to the first point i think .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-28-1955
Reported in : AIR1955Bom390; (1955)57BOMLR524; 1955CriLJ1333; ILR1955Bom728
..... case. the grievances from which the harijan community has suffered arc as old as centuries and the prejudices based mostly on ignorance against the rights of the harijans are equally ancient. in such a case, if a harijan boy like chintu, who is being educated, becomes conscious of his rights and seeks to assert them, normally speaking it would be very ..... construing the provisions of the bombay harijan temple entry act and in administering them, we must take judicial notice of the position that unfortunately prevails in many places in the hindu community today. a harijan who seeks to exercise his rights is normally diffident and would not be expected to be aggressive in the assertion of those rights. hindus who out ..... this order of acquittal which is challenged before us by mr. chandrachud on behalf of the state. it is hardly necessary to begin the judgment with the statement of the law which governs our powers as a court of appeal in dealing with orders of acquittals. it is now well settled that ordinarily this court would not be justified in interfering .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-04-1955
Reported in : AIR1955Bom324; (1955)57BOMLR529; 1955CriLJ1161; ILR1955Bom602; (1955)ILLJ378Bom
..... have concluded' led to a somewhat surprising result that, even if the report was sent wrongly to an inappropriate authority and was received by the said authority, the proceedings in law cannot be said to have concluded. they would be deemed to be continuing until the report is received by the appropriate authority itself.if the continuance of the proceedings is ..... . the pendency of these proceedings continues until ' the report is received in fact by the appropriate government. this provision indicates that the factual determination of conciliation proceedings does not in law amount to the conclusion of such proceedings. the proceedings survive for some period more until the report is received by the appropriate government. if that is true about the continuance ..... the duty would result if such requirements were essential and imperative.' (maxwell on interrelation of statutes, 10th edn., p. 376). '8 in other words, according to this statement of the law, if the statutory provision which uses imperative words imposes an obligation or duty on a public officer subject to certain other requirements, the public officer's failure to comply with .....Tag this Judgment!