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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1961 Page 1 of about 127 results (0.214 seconds)

Feb 28 1961 (HC)

Labh Singh and Chanan Singh Vs. Superintendent, Nari Niketan

Court : Punjab and Haryana

Decided on : Feb-28-1961

Reported in : 1961CriLJ542

..... interests, it may be denied even to a parent.7. fosterage creates relationship which is re-cognised by law of civilised communities and in particular in societies where patriarchal principle had dominated. ancient hindu law recognised more than twelve kinds of sons and in all such cases the father had dominion almost of a ..... countries, the power of parens patriae vests in the state : vide bouvier page 2448. the same principles received recognition in the ancient hindu law. the ruling power was the supreme guardian of all minors whether the natural and legal guardians be living or dead : vide macnaghten's ..... as the father or as a close relation had the capacity to give him to another person in adoption. emphasis was, however, laid by the hindu law on a male child who according to the prevailing notions secured the parents against the torments of the next. the other notion was that the security ..... hindu law (4th edition page 88) : the ruling power, as the supreme guardian is represented by the courts of law.this power is paramount to even the rights of the parents: vide ram bunsee koonwaree v. soobh ..... kaur had no relatives in the world except the petitioner. it was alleged that the autherities in charge of nari niketan had no justification in law to keep gurmail kaur with them and the abducted persons recovery act had no application and moreover it has expired on 30th of november, 1957. .....

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Mar 16 1961 (HC)

Veerabhadrappa and ors. Vs. Lingappa and ors.

Court : Karnataka

Decided on : Mar-16-1961

Reported in : AIR1963Mys5

..... properties for the family.50. such additional share given to a managing member is technically described as jyeshtabhagam in the language of hindu law. as a matter of law, it is conceded, and there is no doubt, that jyeshthabhagam as understood in ancient hindu law has become obsolete and unenforceable. if an eldest member or managing member therefore comes to court and asks for an additional ..... allotment to him in the course of partition, the courts will not enforce that claim. the question, however, is whether, although the claim to jyeshtabhagam is not enforceable in a court of law, members of the ..... course of a partition by common consent of the coparceners is open to attack unless the shares are absolutely equal or strictly in accordance with those settled by the law. although the hindu law declares the extent of the shares allottable to the several coparceners taking part in the partition, it does not totally prohibit the parties from coming to a different ..... the first instance, will readily confirm that very act if done out of court. two principles on which mr. krishnamurthy has sought to support the allotment are not principles of hindu law. one of them is that an arrangement entered into and acted upon should not be disturbed. this principle may apply to the immediate parties to the arrangement. the next .....

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Jan 27 1961 (HC)

Shri Waryam Singh Vs. Smt. Pritpal Kaur

Court : Punjab and Haryana

Decided on : Jan-27-1961

Reported in : AIR1961P& H320

..... petitioner cannot be said to be at fault.5. d. f. mulla, in his commentary on the hindu marriage act at page 853 of the 12th edition of the principles of hindu law, states the matter thus:'at the same time the view seems to have been taken that the injured or ..... marriage are concurrent so far as the injured spouse is concerned as against the guilty one. neither the ecclesiastical nor the statute law of england nor indeed the hindu marriage act countenances concessions in favour of persons who have been found guilty of matrimonial lapses.neither the plain language of section ..... in cases of specified matrimonial wrongs or other natural infirmities that the innocent party may be accorded the discretionary relief which is provided under the hindu marriage act.under section 10, either party to a marriage may seek a decree for judicial separation on the ground that the other party ..... this appeal were married on 11th of january 1952, pritpal kaur, the respondent-wife brought an application for judicial separation under section 10 of the hindu marriage act against her husband waryam singh, who is the appellant in this court, sometime in the year 1957. the decree for judicial separation was ..... 13 nor the principles of divorce law could justify the conclusion that a husband, who is the guilty party in the present case, can .....

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Aug 09 1961 (HC)

T.S. Srinivasan Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Aug-09-1961

Reported in : (1962)1MLJ163

..... a son to take objection to an alienation made by his father commenced from his birth or from the time of his conception it was held that under the hindu law membership with the family should be considered as commencing with the time of conception. in mandliprasad v. ramcharanlal a.i.r. 1947 nag. 848, it is ..... the date when the succession opened. it is a plain case of the application of the rule for the child's benefit. the smritis and commentaries in hindu law contain special texts regarding the rights in the family property of after-born sons where such property had been divided before their birth. the texts have been referred ..... individual for any part of that year. that a child in embryo is to be considered as a person in existence for certain purposes is a rule not peculiar to hindu law but obtains in other systems of jurisprudence, as well. in sabapathi v. somasundaram (1882) 2 m.l.j. 244 : i.l.r. mad. 76, ..... that it is limited to cases where de commodis ipsius partus quaertitur'.we are of opinion that the principle is no different under the hindu law. it is purely, by a fiction of law that an unborn son is deemed to be in existence under that system for the purpose of protecting his rights after he is born ..... of the assessee and his son from 1st april, 1952 to nth december, 1952. it is contended for the assessee that as under the hindu law membership of a coparcenary in a joint family is considered to commence from the date of conception by the mother, the assessee's son should .....

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Apr 07 1961 (HC)

B. Sivanandy Vs. P. Bhagavathy Amma

Court : Chennai

Decided on : Apr-07-1961

Reported in : AIR1962Mad400

..... devote himself to vedic learning and studies was not likely to be over before the attainment of the age of majority.(10) the marriage under the hindu law is a sacrament and not a contract. the minority of an individual may operate as a bar to his or her incurring contractual obligations. but it ..... was a minor on the date of the marriage. it was therefore contended on his behalf by his learned counsel that the marriage was invalid under hindu law as there was no proof of his father or other elderly person in loco parents, having consented to or approved the marriage. there is proof that ..... the hindu law, an idiot, lunatic or an impotent person can be lawfully married.'reference is made to the decision of this court in amirthammal v. vallimayil ammal, ilr (1942) mad 807. air 1942 ..... of unsound mind, and yet, if the marriage rite is duly solemnised,, there is a valid marriage.'mayne in his text book on hindu law, 11th edn. page 143 states thus:,'it has now been field by the high courts of madras kind allahabad, in decisions of questionable correctness that, under ..... for restitution of conjugal rights. the parties belong to velar community governed, by the mitakshara school of hindu law. the plaintiff alleged that she was married to the defendant on 13th panguni 1119 m. e according to hindu shastraic rights. the plaintiff was a mere girl 13 years old at the time of the alleged .....

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Oct 03 1961 (FN)

Bratty Vs. Attorney-general for Northern Ireland

Court : House of Lords

Decided on : Oct-03-1961

..... lord morris of borth-y-gest my lords, the court of criminal appeal certified that their decision in dismissing the appellant's appeal involved two points of law of general public importance. the first was whether, his plea of insanity having been rejected by the jury, it was open to the accused to rely ..... s evidence that he became unconscious while driving, there was no evidence which justified the justices in finding that the defendant was not fully responsible in law for his actions. lord goddard expressed the view that the onus of proving that the defendant was in a state of automatism was on him because ..... affirmative, whether, on the evidence, the defence of automatism should have been left to the jury. further it appeared to the court that the points of law so certified ought to be considered by the house of lords, and the court granted leave to appeal to this house. josephine fitzsimmons, who was eighteen years ..... certified that the decision involved two points of law of general public importance, namely: 1. whether, his plea of insanity having been rejected by the jury, it was open to the accused to rely ..... and (2) of section 1 and subsection (1) of section 2 of the administration of justice act, 1960, for a certificate that a point of law of general public importance was involved in the decision of the court of criminal appeal, and for leave to appeal to the house of lords. the court .....

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Jul 20 1961 (FN)

Attorney-general for Northern Ireland Vs. Gallagher

Court : House of Lords

Decided on : Jul-20-1961

..... and restore the conviction of murder. lord morris of borth-y-gest my lords, the court of criminal appeal have certified that a point of law of general public importance was involved in their decision. their decision, shortly stated, was that the conviction of the appellant ought to be set ..... read in the sense impliedly attributed to it in the grounds upon which the court of criminal appeal certified that their decision involved a point of law of general public importance, i would have no hesitation, in view of the overwhelming nature of the evidence, consisting largely of the respondent's ..... such outburst produce nothing more than lack of self-control? if so he would for present purposes be regarded as a normal being responsible in law for his actions who could not improve his case by the consumption of alcohol, unless such alcohol brought about some quite different type of disease ..... element, in deciding whether to give leave, in criminal cases it is an indispensable element. there was no such indispensable element under the former law: so far as its language went the attorney-general could have acted on any ground that seemed sufficient to him to warrant a certificate that ..... the attorney-general for northern ireland 'thereupon applied under the provisions of the administration of justice act, 1960, for a certificate that a point of law of general public importance was involved and for leave to appeal to this house. the court granted a certificate but refused leave to appeal. leave .....

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Jun 12 1961 (HC)

Chingangbam Gourahari Singh Vs. Union Territory of Manipur

Court : Guwahati

Decided on : Jun-12-1961

..... administration working under him and to other law abiding citizens. what was argued was that ext. a/13, the order under section 144 prohibited printing of unauthorised or unsigned news, pamphlet or hand-bill and that this particular ..... , i.p.c. it was not seriously argued before me that the pamphlet containing the words 'maneater raina go back' did not cause or tend to cause annoyance to persons lawfully employed. mr. raina is the chief commissioner of manipur. to characterise him as a maneater will certainly cause annoyance not only to him, but also to the employees of the .....

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Apr 17 1961 (FN)

Kossick Vs. United Fruit

Court : US Supreme Court

Decided on : Apr-17-1961

..... , on the other hand, can its validity well be doubted, though the alleged agreement was not reduced to writing, if maritime law controls. for it is an established rule of ancient respectability that oral contracts are generally regarded as valid by maritime law. [ footnote 4 ] in this posture of things, two page 365 u. s. 735 questions must be decided: first, was ..... this alleged contract a maritime one? second, if so, was it nevertheless of such a "local" nature that its validity should be judged by state law? i the ..... alleged promise was petitioner's good faith forbearance to press what he considered -- perhaps erroneously -- to be the full extent of his maritime right to maintenance and cure. compare american law institute, restatement, contracts 75, 76. so viewed, we think that the alleged agreement was sufficiently related to peculiarly maritime concerns as not to put it, without more, beyond the ..... but the process is surely rather one of accommodation, entirely familiar in many areas of overlapping state and federal concern, or a process somewhat analogous to the normal conflict of laws situation where two sovereignties assert divergent interests in a transaction as to which both have some concern. surely the claim of federal supremacy is adequately served by the availability of .....

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Dec 05 1961 (SC)

Purushothaman Nambudiri Vs. the State of Kerala

Court : Supreme Court of India

Decided on : Dec-05-1961

Reported in : AIR1962SC694; [1962]Supp1SCR753

..... amendment. for this purpose it would make no difference whether the origin of the ryot's proprietary interest in the land be traceable to the hindu law concept of title based on occupation and cultivation or to the relinquishment by the state under the travancore proclamation of 1865 or even to the conferment ..... and not of the conferment of a right on the ryot so as to render the ryot a grantee from the state, just in line with the hindu law theory of the proprietorship of the soil vesting in the occupant-cultivator. 57. with this background, i shall proceed to consider the nature of the ..... leased lands and so of the right to hereditary enjoyment was besides being contrary to the accepted theory of the hindu law givers, was also productive of grave economic ills. according to the hindu law givers starting from manu, property in the soil arose out of occupation and cultivation. the texts which expound this ..... a beneficial system by the government of madras and so after the grant of some sanads under madras regulation xxv of 1802 - mostly in recognition of ancient titles - the creation of new permanently settled estates was stopped and in its place, the system of revenue administration associated with the name of sir ..... as observed by subramania iyer, j., in venkata narasimha v. kotayya [i.l.r. 20 mad. 299. 'for, in the first place, sovereigns, ancient or modern, did here set up more than a right to a share of the produce raised by raiyats in lands cultivated by them, however much that share .....

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