Court : Supreme Court of India
Decided on : Mar-26-1959
Reported in : AIR1959SC781; Supp(2)SCR406
..... it difficult to import the tenets of hindu law to give a novel content to the doctrine of public policy in respect of contracts of gambling and wagering. 64. to summarize : ..... matters are adoption, guardianship, family relations, wills, gifts and partition. as to these matters also the hindu law is to be applied subject to such alterations as have been made by legislative enactments : see mulla's hindu law, para. 3, p. 2. in other respects the ancient hindu law was not enforced in indian courts and it may be said that they became obsolete. admittedly there ..... has not been a single instance in recorded cases holding gambling or wagering contracts illegal on the ground that they are contrary to public policy as they offended the principles of ancient hindu law. in the circumstances, we find ..... them here, but it is clear from those texts that hindu sacred books condemned gambling in unambiguous terms. but the question is whether those ancient text-books remain only as pious wishes of our ancestors or whether they were enforced in the recent centuries. all the branches of the hindu law have not been administered by courts in india; only questions .....Tag this Judgment!
Court : Chennai
Decided on : Dec-18-1959
Reported in : AIR1960Mad436; (1960)IIMLJ55
..... succession of the mother to her illegitimate son is in consonance with the scheme of inheritance under the mitakshara law. the bench observed,"illegitimacy in the sense in which it is now understood was not at all recognised under the ancient hindu law, with its numerous varieties of marriages and still more numerous varieties of sons; and the question of illegitimacy ..... not to a case where the propositus was an illegitimate issue. the passage relied upon by the learned government pleader in the commentary of the learned author mayne on hindu law at page 677 is to the following effect:"the rules of inheritance relating to sapindas, samanodakas and bandhus are based upon marriage and legitimate descendant descent. the illegitimate ..... properties of the other, and that that relationship cannot continue even amongst the descendants of such children. in other words, the learned government pleader contended that under the hindu law, collateral or cognatic relations could not trace succession to an illegitimate son, and that heritable relationship could not be extended to collaterals in the case of illegitimate offsprings.reference ..... illegitimate son of singaravelu pillai, his paternal or maternal relations could not inherit to his estate; that the first and second respondents were not heirs of jagannathan according to hindu law, and, therefore, could not claim his properties.further, the complaint of the state government was that the first and second respondents were put up as the heirs to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-21-1959
Reported in : AIR1960P& H192
..... person, but it is not the sort of body which has a single entity as a juristic person. it derives its nature and characteristics from the ancient hindu law. its character alters with every death and birth in the family. it has not been defined in any statute and as far as we are at ..... the joint family. he was not entering the partnership as the agent of the joint family and his peculiar position is defined by the rules of hindu law. the latest pronouncement of the supreme court on the subject shows that only the karta and not the entire family becomes a partner when there ..... by the mutual agreement of all those who propose to carry it on. mulla lays down a similar proposition in paragraph 234 of his principles of hindu law, 12th edition, and observes that where a manager joins a partnership on behalf of the joint family, the partnership on behalf of the joint family, ..... mookerjee j. pointed out in sm. lilabati rana v. lalit mohan dey, air 1952 cal 499, that the proposition stated in paragraph 308 of maynes' hindu law was generally accepted. this paragraph which is based on a number of authorities states that where a managing member of a joint family enters into a partnership with ..... share in the joint family property. a manager cannot impose a new business on the adult members of the family. mayne observes in his treatise on hindu law, eleventh edition, paragraph 299:'the position of a karta or manager is sui generis; the relation between him and the other members of the family .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-25-1959
Reported in : AIR1960Kant147; AIR1960Mys147; ILR1959KAR577
..... of nand pandit in dattaka mimamsa is not an infallible guide in deciding as to who cannot be taken in adoption where it deviates from the ancient hindu law-givers, that the passage from griha parishist quoted in verse 19 of s. 5 of dattaka mimamsa was not imperative, and any marriage contracted ..... tirkangauda mallangauda v. shivappa patil, where it is held as follows:'among the lingayats who are governed by hindu law as applicable to sudras a woman in the absence of a custom to the contrary is incompetent to give in adoption her illegitimate son born of ..... this ceremony corresponds to upanayanam among the brahmans. lingayats whose only god is siva and who acknowledge the authority of the vedas, are bound by hindu law except in so far as it is modified by custom.'mr. ashrit relies on a few decisions and in particular on air 1944 bom 40, ..... in recent cases. the wife's brother does not fall within the category of any of these three cases. even taking the general principles of hindu law as applicable to lingayats therefore into consideration i find that the adoption of the wife's brother is perfectly valid.(5) mr. patil, the learned ..... is not that the lingayats are outside the pale of hinduism and that the hindu law does not apply to them but it is the general hindu law that is applicable to the lingayats. perhaps by the term 'general hindu law' mr. patil means, hindu law that is applicable to the higher castes like the brahmins, kshatriyas and the vysyas .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-19-1959
Reported in : AIR1960All446
..... conditions. it does not mean that the law itself stands 'repealed' if i may use the terminology of modern legislation because a particular institution had, during a particular period ..... the madras judges relied on an observation of the privy council that hindu law has not stood still after the smritis. this is perfectly true. but, with deep respect, the law has not stood still even after the commentators. the meaning of this privy council observation is that the ancient texts of hindu law did not prohibit the growth of positive customs in accordance with changed ..... marriages.it is one thing to say that a positive custom deviating from the ancient texts prevails over the texts; but quite another thing to hold that the absence of anuloma marriages in a particular localityis a good ground for holding that such marriages are prohibited by hindu law.13. the madras high court in subbaramayya v. venkata subbamma, ilr 1941 mad ..... commentators, the learned judges took the view that hindu law, as applicable in the modern age, prohibits anuloma marriages. with very deep respect, the learned judges did not appreciate the distinction between a law giver and a commentator. a code enunciated by the former has the force of law. it was the equivalent in ancient times of a statute in the modern age but .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-28-1959
Reported in : AIR1959MP349
..... . it cannot be disputed that it is the primary duty of the husband to maintain his wife and that was recognized even in the ancient texts of hindu law-givers. 6. i have now to take into consideration (i) respondent's own income and other property, (ii) the income and other property ..... less denying it totally. 14. for all these reasons, considered separately and collectively, i hold that the appellant is entitled to maintenance under section 25 of the hindu marriage act. 15. now, coming to the question of quantum, shri lokras has relied upon b. iswarayya v. swar-nam iswarayya, air 1930 mad 154 ( ..... appellant had failed to prove. as to this, it is sufficient to say, in the first instance that the provisions contained in section 25 of the hindu marriage act, 1955, are not controlled by section 18 of the 1956 act named above. secondly, there is a clear finding of the first court that ..... respondent also urged that no case for desertion was made out by the appellant and therefore, having regard to the provisions of section 18 of the hindu adoption and maintenance act (78 of 1956) the wife was not entitled to any maintenance if she lived separately from her husband. the argument is ..... the only questions for determination are (i) whether the appellant is entitled to maintenance and (ii) what should be the quantum. 3. section 25 of the hindu marriage act provides as follows: '25(i). any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-20-1959
Reported in : AIR1961Bom169; (1960)62BOMLR322
..... drawn from long possession and enjoyment is a different one from the presumption that is drawn in hindu law in the case of ancient alienations by a hindu widow or daughter because in the case of an alienation by a hindu widow long possession and enjoyment of alienee may be due to the long life of the widow even if the alienation ..... circumstances and whosoever alleges that her absolute alienation of such property is valid must prove the existence of any such circumstances. the circumstances justifying absolute alienation by a hindu widow under hindu law are certain religious and charitable purposes and those which are supposed to conduce to the spiritual welfare of the husband, or legal necessity, or benefit to the estate ..... broadly stated in tho nagpur case, that in the case of an ancient transaction relating to the alienation of a hindu joint family property, it must be presumed that the alienation was lawful, that is, justified by legal necessity. as already pointed out, in the case of ancient transactions when all evidence relating to the circumstances justifying legal necessity has disappeared ..... the presumption is that the recitals in the sale-deed may be presumed to be true if they are consistent with the evidence and other circumstances and that it may be presumed that representations were made to the alienee that the alienation was for purposes justified in hindu law .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-31-1959
Reported in : AIR1960Raj60
..... judgment in the case of air 1954 mad 713 has cited various texts to show that under the pure hindu law a superseded wife has a right of separate residence and maintenance against her husband, but the ancient writers are equally emphatic on the duty of the wife to live with the husband. dr. n. c ..... deserts him without sufficient cause, she cannot claim maintenance while living separate from her husband. (see gopalchandra sarkar, sastri's hindu law, 7th edition, page 173).9. this being the state of law before the coming into force of the act, it may be taken that the act was not declaratory in so far as ..... to follow the husband as his shadow and she had no right to separate residence. though the ideal rule in hindu society has always been that of monogamy yet strictly speaking according to the hindu law, polygamy was not forbidden. polygamy was not practised except on the barrenness of the first wife. the evil had ..... section 2 of the act which gives the grounds for granting separate right of residence and maintenance runs as follows:'notwithstanding any custom or law to the contrary a hindu married woman shall be entitled to separate residence and maintenance from her husband on one of the following grounds namely,--(1) if he is ..... . sen gupta in his evolution of ancient india law has observed as follows:'the mantras in the rigveda and in the grihya-sutras also emphasise the duty of steadfastness and fidelity of the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-17-1959
Reported in : AIR1959Cal787
..... warrant this proposition. in my view, on this point the indian succession act is only negative and not positive.8. the ultimate source of hindu law are the smritis. subsequent commentators put their own gloss on these ancient texts. these subsequent commentaries were accepted as authoritative in some parts of india only and not the whole of india, in this way there ..... came into existence the different schools of hindu law--dayabhaga and mitak-shara. the dayabhaga is of supreme authority in bengal and assam and mitakshara of supreme ..... with respect to their property according to the different schools of hindu law. it is necessary however, to guard against a misconception. though the different schools of hindu law prevail in different parts of india, these laws ought not be considered the lex loci or local laws. these laws are personal law of the hindus. the law has been well stated by maine and approved by the judicial ..... may also be said that in the instant case there is a conflict viz., between hindu law as prevailing in jaipur and hindu law prevailing in british india affecting the right of a hindu widow in her husband's property. at jaipur the law was the sastric mitakshara law whereunder the widow apart from having a right of maintenance had no other right. in british .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-22-1959
Reported in : AIR1960SC100; 1SCR773
..... the image need not necessarily be removed. even if it may be necessary to remove the image, that will be only temporarily. the manager has under hindu law no power to effect permanent removal of an image in the teeth of opposition from a large number of the worshippers. in the instances cited by the ..... temple. whatever may be the occasions on which the installation of a new image as a substitute for the old may be allowable according to the hindu law, it is not shown on behalf of the defendant that the ruinous condition of the existing building is a ground for practically removing the image from ..... v. anantji bhikaji i.l.r. (1920) 44 bom. 466, the temple was a public one. it was held by the high court that under hindu law, the manager of a public temple has no right to remove the image from the old temple and instal it in another new building, especially when the ..... . p. v. kane appeared, and in the course of his argument, he stated as follows : 'according to the pratishtha-mayukha of nilkantha and other ancient works an image is to be removed permanently only in case of unavoidable necessity, such as where the current of a river carries away the image. here ..... appellant, worshippers had consented to the removal. permanent removal of an image without unavoidable necessity is against hindu sentiment.' (italics supplied)shah, j.45. observed as follows : 'it is not disputed that the existing building is in a ruinous condition and that .....Tag this Judgment!