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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1962 Page 1 of about 130 results (0.138 seconds)

Dec 04 1962 (HC)

Sri Vedaranyaswaraswami Devastanam by Its Hereditary Trustee, Sri V. K ...

Court : Chennai

Decided on : Dec-04-1962

Reported in : AIR1964Mad90

..... landlord. the relation between the government and the ryot may perhaps be described as one of co-ownership. but it is certainly not that of a landlord and tenant. tits ancient hindu law books clearly establish this position.'but it will be seen that this dichotomy in the concept (of) beneficial interest in land is, and can be, only with reference to cultivated ..... recognised from very early times can be seen from the following passage in diwan bahadur srinivasaraghava aiyangar's progress of madras presidency during the last forty years of british administration :'ancient hindu law recognised only two beneficial interests in land, viz., (1) that of the sovereign or ins representative, and (2) that of the cultivators holding the land either individually or as members ..... meaning thus:'iran is a well known word of 'arabio' orign which means reward an favour. the ward came into use after the muhammadan conquest, in ancient days, grants of land, or revenue, were made by hindu sovereigns to individuals, particular families, or communities for various purposes or to religious institutions for their upkeep. these were known as 'manyams'. the practice was ..... forms the unit of revenue administration. turner, c. j. and muthuswami aiyar, j. laid down in secretary of state v. vira rayan, ilr 9 mad 175, that under the hindu common law the right to possession of land was acquired by the first person who makes a beneficial use of the soil. according to that view, the beneficial interest in the cultivated .....

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Oct 31 1962 (HC)

Jaljodhan Singh S/O Pritha Singh and anr. Vs. Kirpa Singh S/O Nagahia ...

Court : Punjab and Haryana

Decided on : Oct-31-1962

Reported in : AIR1963P& H178

..... grounds on which the plea has been advanced do not carry conviction.10. the rule of res judicata has a very ancient ancestry. it was known to ancient hindu law as purva nyaya. the plea of former judgment has been illustrated in the text of katyayana thus, 'if a person though ..... defeated at law sues again, he should be answered 'you were defeated formerly' '. (see the mitakshara (vyavahara), bk. ii. ch. i., edited by j. r. ..... inter easdem personas esdem quaestio revocator, vel alio genere judicli.) this doctrine was adopted by the countries on the european continent which had modelled their civil law on the roman pattern. in france, the doctrine is known as 'chose jugee' -- thing adjudged. this principle of preclusion of relitigation, or the ..... has struck deep roots in anglo-american jurisprudence and is equally well-known in the commonwealth countries which have drawn upon the rules of common law. the doctrine of res judicata is recognised as a principle of universal jurisprudence forming part of the legal systems of all civilised nations. these ..... principles have found expression in the provisions of section 11 of the code of civil procedure, though they are not exhaustive of the law on the subject. the principle of res judicata also applies to matters on which the section is silent. broadly stated, the doctrine of res .....

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Mar 28 1962 (HC)

Commissioner of Income-tax, U.P. Vs. Messrs. Jugal Kishore Baldeo Saha ...

Court : Allahabad

Decided on : Mar-28-1962

Reported in : [1962]46ITR293(All)

..... special remuneration as the property which he manages is one of which he is a joint owner.'we find the following statement in n.r. raghavachariars hindu law, fourth edition, page 276, based on the same case :a manager is in loco parentis to the other members of the family and his ..... unique is the result of both necessity and ancient privilege. his position is purely honorary, though in case of onerous services by the manager, he may be allowed by the family, under a special arrangement, to charge for the same.'we also find in maynes hindu law, 11th edition, at page 379, the ..... question must, therefore, be answered no general principles as it is res integra. it is stated in golapchandra sarkar sastris hindu law, 1940 edition, at page 286 :'the managing coparcener of joint hindu family is not entitled to any special remuneration, as the property which he manages is one, of which he is ..... of income-tax are cases which the question was of the fees and allowances paid to directors of companies who happened to be kartas of hindu undivided families which were interested in the business of the companies as share-holders. these cases are clearly distinguishable as the companies in which kartas ..... after the familys business was a permissible deduction under section 10(2)(xv) in computing the income of the family business ?'the assessee was a hindu undivided family carrying on an ancestral business in the name of jugal kishore baldeo sahai. the business was of commission agency in cloth. the family .....

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May 04 1962 (SC)

R. Viswanathan Vs. Rukn-ul-mulk Syed Abdul Wajid

Court : Supreme Court of India

Decided on : May-04-1962

Reported in : AIR1963SC1; [1963]3SCR22

..... ramalingam and his sons. the plaintiffs claimed in the mysore high court that the will of ramalingam was invalid, because be was under the hindu law, by which he was governed, incompetent to dispose of thereby the property of the joint family. the dispute related primarily to the character ..... by status. in early law& there is always an emphasis on rights following on birth and writers of jurisprudence have commented ..... austrian property[1927] a.c. 641. in the. domain of domestic status (barring marriage) there is no element of contract, and maine says in ancient law , , the movement of progressive securities has hitherto been a movement from status to contract' hollond in his jurisprudence gives sixteen instances of status and includes ..... rights can only be said to arise from status. a coparcener in a hindu coparcenery cannot be admitted by contract. the right, is obtained by birth. even an infant 'en ventre sa mere' is in hindu law relating to a coparcenery born for many purposes. his rights are thus determined ..... and immovable, together with the business of ramalingam within the jurisdiction of these two courts, on the averment that ramalingam belonged to a hindu coparcenary, and was carrying on the family business started with the family funds. these suits were directed against the executors and diverse persons said .....

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Nov 06 1962 (HC)

Bhagat Gobind Singh Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Nov-06-1962

Reported in : AIR1963P& H319

..... it creates a legal fiction and (sic) the purposes of the act only. it does not otherwise (sic) the general principles-or rules of hindu law. it (sic) with a hindu undivided family constituted of a (sic) his descendants as land of the land-owner, with no (sic) dant, as member of such family, ..... undivided family among other religious denominations. there is no such thing as an undivided family of the type as a hindu undivided family under the hindu law in any other system of law or among followers of any other religion. thus there is no such discrimination as is relied upon in support of ..... females, but this is not (sic) this word includes both male as well as female (sic) in paragraph 212 of mulla's hindu law, 12th edition, it is stated that 'a jcint hindu family consists of all (sic) (sic) descended from a common ancestor, and include their (sic) and unmarried daughters'. so that female ..... those who follow (sic) and the other category of those who are governed (sic) hindu law. in the case of the first category, sons (sic) no right to claim partition of land from their father (sic) (sic) hindu son, governed by hindu law, has, in this (sic) no right to claim partition of joint family land from ..... reform.2. the impugned section takes sway retrospectively the right of ownership in the descendants of the land-owner a hindu undivided family and local legislature is not competent to enact law so as to deprive a person in this way of his fundamental right to acquire, hold and dispose of property .....

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May 21 1962 (FN)

Lynch Vs. Overholser

Court : US Supreme Court

Decided on : May-21-1962

..... in 28:53. presumably this requires compliance with the substantive standards, as well as the procedures of civil commitment. [ footnote 2/11 ] apparently, in tennessee, there is likewise no common law power to confine the acquitted insane. see dove v. state, 50 tenn. 348, 373 (dictum). but there appears to be no obstacle to instituting civil proceedings under tenn.code ann ..... to reverse the burden of proof; perhaps the congress will consider doing so. i dissent. [ footnote 2/1 ] 24-301(d), district of columbia code. [ footnote 2/2 ] williams, criminal law: the general part (2d ed. 1961), 456; note, releasing criminal defendants acquitted and committed because of insanity: the need for balanced administration, 68 yale l.j. 293 (1958); weihofen & overholser ..... of its commission, to be confined in a hospital for the mentally ill. commitment to an institution of persons acquitted of crime because of insanity is no novelty. at common law, before 1800, the trial judge had power to order detention in prison of an acquitted defendant he considered dangerous because of insanity. [ footnote 2/2 ] hadfield, acquitted of page ..... principle, we conclude that to construe 24-301(d) as applying only to criminal defendants who have interposed a defense of insanity is more consistent with the general pattern of laws governing the confinement of the mentally ill in the district of columbia, and with the congressional policy that impelled the enactment of this mandatory commitment provision, than would be a .....

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Nov 14 1962 (FN)

Cleary Vs. Bolger

Court : US Supreme Court

Decided on : Nov-14-1962

..... they are enjoined in order to give the victim of the wrong effective protection. the respondent herein is entitled to effective protection against the federal officers' violations of federal law, which comprehends ancillary relief against petitioner qua witness to the unlawful conduct. though innocent of the federal officers' misconduct, the state officer may not avail himself of its ..... viz., the oliver twist method of obtaining evidence in violation of the federal rules, is illegal, and should not go unchecked. "free and open cooperation between state and federal law enforcement officers is to be commended and encouraged. yet that kind of cooperation is hardly promoted by a rule that implicitly invites federal officers . . . [to violate the provisions ..... warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the united states. when a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith." see mcnabb v ..... time, the waterfront commission, a bi-state agency of new york and new jersey [ footnote 1 ] which worked in close cooperation with the customs service in matters of law enforcement on the waterfront, had been informed of respondent's arrest, and two commission detectives were present when the interrogation resumed. petitioner cleary was one of these detectives. .....

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Mar 06 1962 (HC)

inder Singh Des Raj and ors. Vs. Harnam Singh Gian Singh

Court : Punjab and Haryana

Decided on : Mar-06-1962

Reported in : AIR1962P& H450

..... is a clear abuse thereof, but the lower court has not an entirely free hand in discretionary matters. if the lower court takes into account the law and the circumstances of the case and arrives at its conclusion aided by reason, the discretion will not be disturbed, as in such a case the ..... have also not been persuaded to hold that the view taken by shri bhandari, the additional district judge, is by any means erroneous or contrary to law and indeed reliance by the learned additional district judge in support of his view was placed on some decisions of this court. shri gujral has in addition ..... that the higher court is entitled to interfere with the exercise of discretion of the lower appellate court when the latter has misdirected itself as to the law applicable to the case or when it has not been exercised judicially, is clear from the observations of the privy council in brij indar singh v. ..... --to interfere with the lower court's discretion. in such cases the discretion exercised by the court below can properly be described to be contrary to law and improper justifying interference by the appellate court. i am also of the view that in cases of discretion it is risky to appeal to precedents ..... by limitation. to hold otherwise would be to confer an amount of finality and conclusiveness upon the adjudication of district judges in this respect which the law could never have intended for the logical result of such a view would be to paralyse the hands of this court, even in a case where .....

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Jul 30 1962 (HC)

Kokati Vs. Commercial Tax Officer, Circle Ii, Hubli

Court : Karnataka

Decided on : Jul-30-1962

Reported in : [1963]14STC84(Kar)

..... 25(4) being the exercise of a legislative power and the same having been delegated to the rule-making authority without giving any guidance for its exercise is void in law. the next contention was that the levy prescribed under that rule is highly excessive and therefore it is invalid. thirdly it was contended that no right of appeal is provided .....

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Nov 19 1962 (SC)

A.L.V.R.S.T. Veerappa Chettiar Vs. S. Michael Etc.

Court : Supreme Court of India

Decided on : Nov-19-1962

Reported in : AIR1963SC933; [1963]Supp2SCR244

..... expenses himself, the marriage was one in the asura form. this view has been criticised in the latest edition of mayne's hindu law as not really warranted by the hindu law texts, and the point may have to be reconsidered when it arises.' patanjali sastri, j., again considered this point in second ..... a payment for taking the girl in marriage. that will depend generally upon the evidence in the case.' they also reaffirmed the presumption under hindu law in the following words :- 'ordinarily the presumption is that what ever may be the caste to which the parties belong, a marriage should be ..... counsel for the respondents, mr. bheemasankaran's contention may be briefly stated thus : according to dharam shastras there were eight forms of marriage in hindu law, four approved and four unapproved. but as centuries rolled by most of them became obsolete and at present there are only two forms of marriage, ..... when he receives a payment for his personal benefit, a very objectionable factor would influence his selection and it is clearly this which the ancient law-givers took objection to and therefore relegated the form to the category we call 'disapproved'. when the father accepts money and allows his greed ..... 10.11.1938)(died 2.2.1933) (c) vellayammal alias| chinnathayammalbangaru ammal (died 2.5.1940).(died 14.12.1930) 2. thevaram is an ancient impartible zamindari in madurai district. shanumugavalla konda bommu naicker was zamindar from 23.8.1876 to 20.1.1901. on his death on january 21, 1901 .....

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