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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1957 Page 1 of about 135 results (0.079 seconds)

Sep 25 1957 (HC)

B. Hanuman Prasad and ors. Vs. Mst. Indrawati and ors.

Court : Allahabad

Decided on : Sep-25-1957

Reported in : AIR1958All304

..... a life estate-she was a proprietor in the full sense of the word except that her power of alienation was restricted. according to the ancient hindu law a widow had no right to inheritance; she gradually stepped into the inheritance through the instrumentality of niyoga. at first her right was not ..... see n. o. sengupta's evolution of ancient indian law, pp-183 etc. she was not permitted to transfer any part of, the estate except for legal necessity; she was not permitted to transfer even the so-called life interest because the hindu law did not recognize anything like transfer of life interest ..... the date of inheritance.consequently if a widow had alienated the property without legal necessity, the alienation that was invalid according to the customary hindu law remained invalid and its invalidity was not affected at all by the provisions of section 14. since it remained invalid, it remained challengeable on ..... alienation. the supreme court described the alienation 'invalid' in the case of : [1954]1scr339 ; this only meant that it was against the hindu law. in the case of the judicial committee was really considering the effect of an act of the presumptive reversioner in joining in execution of a deed ..... no legal necessity, she generally purported to alienate the absolute estate or the very property inherited by her,the alienation was invalid according to the hindu law, but the question arose who was aggrieved by it and what could be done. the only persons who could at all be affected were .....

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Dec 02 1957 (HC)

Ahmed Moideen Khan and Ors. vs. Inspector of 'D' Division

Court : Chennai

Decided on : Dec-02-1957

Reported in : AIR1959Mad261; 1959CriLJ731; (1958)IIMLJ123

..... society on the socialistic pattern, these things of past times have no legal force. feudal relics cannot prevail against the clear provisions of law negativing them, though they may survive wherever they have not been abolished either expressly or by necessary implication.even the ancient hindu law-givers recognised the necessity and inevitableness or change. thus, they said that in the krita ago the ..... laws of manu prevailed, in the treta age, the laws of gaurama; in the dwapara age, the laws of sankha and likhita, and in the kali age, the laws of parasara, meaning that the law would change with the times. tho ..... we are against the theory of bada (big) and chota (small) sessions judges adumbrated by mr. vaz. there is no warrant for it in any section of the criminal procedure code.the ancient rule of hindu law was that laws uniformly apply to all, but decrees only to indivi-duals. the directive principle of the constitution of india is also for uniformity of civil and criminal ..... 44 mad 446 : (air 1921 mad 258), where it was held that the rule of hindu law lhat gifts and bequests in favour of unborn persons are invalid had not been abrogated by the hindu wills act. xxi of 1870, and that madras act i of 1914, the hindu transfers and bequests act, which validated such dispositions was ultra vires of the legislative powers .....

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Sep 02 1957 (HC)

Ramakrushna Mohapatra and ors. Vs. Gangadhar Mohapatra and ors.

Court : Orissa

Decided on : Sep-02-1957

Reported in : AIR1958Ori26

..... held that if a party relies upon a special custom of a family to take a succession out of the ordinary hindu law, such custom must be proved to be ancient and continuous. the custom must be very satisfactorily proved by evidence of particular instances so numerous as to justify the ..... good sense. it must not have been declared to be void by any competent authority nor would contravene any express provision of the law. it must also be ancient, certain and invariable. a custom may either be general or special. it may be proved or disproved in any of the following ..... compound and the compound wall had been described as 'kurma bedha' and 'kurma prachir' respectively by reputed historians of orissa, as also in an ancient book known as jagannatha charitamuruta' wherein the enclosure inside the inner compound was described as 'kurma pitha' and the space within the compound as ' ..... well-settled, was founded on necessity and convenience. it is extremely difficult and sometimes impossible to prove the handwriting or signature or execution of ancient documents after the lapse of many many years. it is therefore presumed that all persons acquainted with execution of documents, if any, are dead ..... sastric principles as enunciated in 'silpa kaumudi' and other authoritative works on the construction of the temples. 2. that from time immemorial the ancient kings of orissa, who established and were in charge of the management of this temple, have refused similar requests by mahants, zamindars and other .....

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May 23 1957 (HC)

Pt. Ram Parkash Vs. Smt. Savitri Devi

Court : Punjab and Haryana

Decided on : May-23-1957

Reported in : AIR1958P& H87

..... he takes a new wife. ramaswami j. examined this question in considerable detail in air 1954 mad 713 (k), and alter an elaborate citation of ancient texts came unhesitatingly to the conclusion that hindu law recognises that in certain cases including supersession by second marriage, the husband and wife should be excused from cohabitation.this excusing from cohabitation was deemed a justifying ..... this ancient rule is the measure known as the hindu married women's right to separate residence and maintenance act, 1946, which supplanted the hindu law with reference to the right of a wife to claim separate residence and maintenance. this act came into ..... change of public policy and lay down a new foundation of equality of husband and wife.6. the rule of hindu law that marriage contemplates the living together of husband and wife even after the husband has married a second time has been abrogated by statute. the first statutory innovation on ..... should be left only with stones. the legislature accordingly proceeded to enact a number of measures with the express object of emancipating married women from the liabilities which the hindu law attached to them with the object of enlarging their rights and with the object of protecting the wife from the importunities of the husband. these measures introduce a fundamental .....

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Apr 02 1957 (HC)

Pralhad Sheonarayan Chokhani Vs. Damodhar Rankaran Vaishnao and ors.

Court : Mumbai

Decided on : Apr-02-1957

Reported in : AIR1958Bom79; (1957)59BOMLR1178; ILR1958Bom970

..... orphan in an agarwal bania family of zira in punjab. the validity of the adoption depended upon whether they were governed by customary law or by hindu law. the case went up before the judicial committee of the privy council. the courts below had concurrently found that in the class to ..... court held that dhanraj had failed to prove giving and taking in 1903, as alleged by him, as was required to be established under the hindu law. neither ramdhan nor the plaintiff was estopped from impugning the validity of defendant's adoption.24. considering the question about the alleged giving and ..... in ahmadnagar. rajma's natural father ganeshdas did not question the validity of the adoption. bhagvandas, however, contended that the adoption was invalid under hindu law. their lordships of the privy council dismissed the plaintiff's suit on the ground of the insufficiency of evidence tendered in that case on behalf of ..... however, contrary to the plea raised by the plaintiff that in matters of succession and adoption mahadeo's family was governed by benares school of hindu law, deposes that in matters of succession and adoption the family is governed by customs obtaining in shekhawati or in jaipur state. his evidence, therefore, ..... and of these, the most remote happened less than quarter of a century ago. it is impossible to regard such cases as proof of an ancient, still less of an immemorial, custom, unsupported, as they are, by a single text from any book of authority amongst the jainas themselves or .....

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Mar 29 1957 (HC)

Udebhan Rajaram Vs. Vikram Ganu

Court : Madhya Pradesh

Decided on : Mar-29-1957

Reported in : AIR1957MP175

..... : (air 1947 nag 180 at p. 182) (o), dealing with the question whether komtis in chanda district were governed by the madras school of hindu law it was observed by a division bench of this court :'a change of territory or boundary adjustments may equally have great significance. an instance of territorial adjustments ..... to the central provinces in respect of each and every kunbi family.as the lex loci of the central provinces was the banaras school of hindu law, it was held that law governed the kunbis. the case reported in sonabai v. lakhmibai, 1956 nag lj 725: (air 1957 nag 76) (i), deals ..... mahrathas settled in these parts'.in ganno v. beni, air 1917 nag 7 (c), this view was reiterated that the benaras school of hindu law is the lex loci of the central provinces that of the bombay school being applied only to maharatta biahmins in nagpur and other cases where it ..... now dead and whose legal representatives are three respondents before me, challenged the alienation saying that the family was governed by the benaras school of hindu law and mst. radha was the limited owner and could not effect the permanent alienation of the field in suit and that there was no legal ..... hindu law is inextricably blended. the question was considered by the privy council as far back as 1839 when affirming the finding of the sadar diwani adalat, their lordships said that in a case where a family migrates from one territory to another, if it preserves its ancient religions ceremonies, it also preserves the law .....

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Feb 18 1957 (HC)

S.C. Sree Manavikraman Raja, ZamorIn of Calicut Vs. the Controller of ...

Court : Chennai

Decided on : Feb-18-1957

Reported in : (1957)2MLJ226

..... both by reason of judicial decision and by legislation these restrictions have ceased to exist. the classical instance of such restriction on powers is the women's estate under the hindu law and until legislation which has come into force a few month back, the restrictions on a woman's estate have been held to be designed not merely for the benefit ..... earlier hindu law books and the commentaries, there are found restrictions on the powers of alienation of fathers even in regard to their self-acquired properties. the family was conceived of as a ..... the limitations on the powers of alienation of a sthani. this in our opinion is hardly germane or sufficient to constitute a sthani as the trustee for his successors. the hindu law is familiar with female heirs who are limited owners and with restrictions on the powers of alienations of even male owners of property. for instance, if one turns to the ..... a similar effect is the summary in mayne's hindu law (nth edition) in the chapter marumakkattayam and aliyasanthana law:some of the aristocratic hindu families in west coast have attached to their families an office called ' stanom ' meaning literally station, rank, or dignity. the holder of a stanom is called a stani the ancient rulers of the malabar coast possessed stanas and it may .....

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Feb 18 1957 (HC)

S.C. Sreemanavikraman Raja, ZamorIn Rajah of Kozhikode and anr. Vs. Co ...

Court : Chennai

Decided on : Feb-18-1957

Reported in : AIR1957Mad522; [1957]32ITR1(Mad)

..... , both by reason of judicial decision and by legislation these restrictions have ceased to exist. the classical instance of such restriction on powers is the woman's estate under the hindu law and until legislation which has come into force a few months back, the restrictions on a woman's estate have been held to be designed not merely for the benefit ..... earlier hindu law books and the commentaries, there are found restrictions on the powers of alienation of fathers even in regard to their self-acquired properties.the family was conceived of as a ..... the limitations on the powers of alienation of a sthani. this in our opinion is hardly germane or sufficient to constitute a sthani as the trustee for his successors. the hindu law is familiar with female heirs who are limited owners and with restrictions on the powers of alienations of even male owners of property. for instance, if one turns to the ..... 11th edn. in the chapter marumakatayam and aliyasantana law:"some of the aristocratic hindu families in west coast have attached to their families an office called 'sthanam' meaning literally station, rank, or dignity. the holder of a sthanam is called a sthahi. the ancient rulers of the malabar coast possessed sthanas and it may be taken that the lands which they held as .....

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Mar 29 1957 (HC)

Chacko Joseph Vs. Varghese Markose

Court : Kerala

Decided on : Mar-29-1957

Reported in : AIR1957Ker181

..... v. earl of jersey, (1843) .11 m and w 183 at p 189 (e) baron parke observed as follows :--'then the other rule of law applies, that assoon as there is an adequate and sufficient definition with convenient certainty of what is intended to pass by a deed, any subsequent erroneous addition ..... same subject. in the recent decision in delli granani v. ramachandran, air 1953 mad 769 (d) there has been an exhaustive review of the case law on the subject and the result of such re view has been stated as follows :-'to sum up if there is any error in the statement of ..... paragraph 669:'after completion of the contract the transaction is at an end as between vendor and purchaser,and as a general rule, no action either at law or inequity can be maintained by either party againstthe other for damages or compensation on accountof errors as to the quality or quantity of the propertysold, ..... , had and never would have agreed to, which appears to me contrary not only to the express terms of the contract, but to everyprinciple, of law and justice.''the position will be different where the conveyance is brought about on account of any fraud practised by the vendor or where there is an ..... to specific performance and was never exercised independently.''further on, it is observed as follows :'this rule seems to me also to rest upon sound principles of law and equity, because if it were otherwise, a purchaser might after conveyance, and while still insisting upon retaining the estate, ask for an abatemnt of the .....

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Aug 22 1957 (HC)

B.S. Dewan Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Aug-22-1957

Reported in : 1958CriLJ148

..... to the parties, the public and the appellate court of stating in full his reasons for the view he takes of the evidence. it is against a rule, as ancient as the law itself and based on common sense and fair play, that when a judge decides to condemn a man, whether a party or witness, the facts on which condemnation is ..... 's suspicion about his conduct. a judge who condemns a man unheard acts as unfairly as if he were to convict a man without hearing him in his defence.the law on the subject has been discussed in rangachari v. state of andhra, 1955 andh w r 374 (c), by this court after reviewing various authorities, it has been held therein .....

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