Court : Kolkata
Decided on : Apr-05-1963
Reported in : AIR1965Cal570
..... is a private one.' 57. j. c. ghose in his tagore law lectures for 1904 on the law of hindu endow-ments and religious institution vol. if at pages 61, 72 and 73 points out that in ancient time the hindu law did not recognise any difference between public and private religious purpose but some now ..... through the languages of english law and through decided cases the distinction has now crept in.58. in that view of ..... distinctly laid down by a division bench of the bombay high court of sir charles sargent, c. j. and komball, j., that the hindu law, unlike theenglish law with respect to charities, makes no distinction between a religious endowment having for its object the worship of household idol and one which is for ..... or the god is the donee and becomes the owner of the property and the income. it is not within my conception of hindu law, that a hindu deity or a hindu god can be for a private purpose in any sense of the term. he represents always a public purpose par excellence and ..... though the control of the religious and charitable endowments has become vested in courts and though control is against the fundamental principle either of hindu law or of english law, but the facts as to litigation for about 60 years regarding the viswanath temple at varanashi, the litigation for about 40 years regarding .....Tag this Judgment!
Court : Chennai
Decided on : Nov-07-1963
Reported in : 53ITR504(Mad)
..... share can question it, nor can the court examine his conscience to find out whether his reasons for separation are well - founded or sufficient. '(maynes hindu law, iith edition, page 550). a minor coparcener can get himself divided from the family through the medium of his natural guardian or the court guardian provided ..... per capita as regards each other. but that does not appear to have been the position governing the malabar tarwads. at page 974 of maynes hindu law, it is stated as follows :'the mode of partition, whether it ought to be per stirpes or per capita, was the subject of conflicting ..... signifies a joint family consisting of males and females, all descended in the female line from a common ancestress. mayne in his text book of hindu law, at page 973, described the constitution of a tarwad in these terms :'a tarwad is a family corporation, and every member of a tarwad ..... both before and after the mappilla marumakkathayam act, 1939.we may state in general that the marumakkathayam law itself was based only upon ancient usage and custom. sundara aiyar, in his book on malabar law, observe that in malabar more than anywhere else it is still an age of usage and not ..... of written law. marumakkathayam law prevails amongst a large section of the people on the west coast of south india. this system of law is known as aliyasanthana law .....Tag this Judgment!
Court : Kerala
Decided on : Jul-26-1963
Reported in : AIR1963Ker358
..... by the nayar acts only, it must then follow that the effect such partition must be sought in the provisions of the concerned statutes and neither the pristine marumakkathayam. law, nor the hindu law can be a reliable guide thereto.17. to me it appears that, as concerns the travancore nayar act, the clearest indication in this regard occurs in its section 39 ..... account of the general application based on principles of equity and good conscience. the principle of severance in status is an example' and relying on '(a) the proposition of the hindu law 'that when ancestral property has been divided among the sons the share allotted to each of the members is ancestral property in his hands as regards his own issue', and ..... compare between an adoption by a separated member and an-adoption by a sole surviving member of the tarwad. the learned judge has also drawn largely on the analogy in hindu law of a son taking an interest by birth in property obtained by the father on partition. though there are similarities with respect to the joint holding of property between the ..... , i fail to see any justification for ignoring the effect of these provisions and for invoking not only the principles of the ancient marumakkathayam law, but also of the special rules governing the devolution of ancestral properties under mitakshara law and to evolve a theory that the separate share obtained by a marumakkathayana female alone will get itself transformed into her tavazhi property .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-19-1963
Reported in : 53ITR770(All)
..... the adoption of a male to the exclusion of the female. these primary considerations stemmed from the fundamental position occupied by the male in the socio-legal structure of the ancient hindu way of life.one further principle may be noticed. there is a clear distinction between the membership of a coparcenary and the enjoyment of interest in the joint family property ..... unobstructed heritage., which devolves by survivorship. they are the generations next to the last holder in unbroken male descent.'from the foregoing discussion it will be apparent that under the hindu law a female cannot be a coparcener. what mayne describes as 'the twin principles ' of a right vested by birth and of unobstructed heritage are not available to her and, ..... . an attempt to explain the origin of this principle was made by chandavarkar. j. in bai parson v. bai somli, where he observed :'one of the cardinal principles of hindu law, borrowed from its shastras, is that a son is his father reborn. this principle rests on a passage from the vedas quoted by baudhayana, in which a father thus addresses ..... in unobstructed heritage; in obstructed heritage he acquires interest upon the death of the last owner dying without leaving male issue.another rule which applies only to a coparcener in hindu law is the devolution of joint family property by survivorship. this is one of the accepted consequences of an interest in unobstructed heritage. unobstructed heritage devolves by survivorship; obstructed heritage .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-28-1963
Reported in : AIR1963P& H449
..... own judgment alter taking into consideration such assistance as may be forthcoming from medical evidence. as pointed out by the learned editor of principles of hindu law by mulla, 12th edition, page 851,'the question is to be determined not upon wire-drawn speculations but upon tangible and established facts. the question ..... similar matter was considered by the federal court in ratneshwari nandan v. bhagwati saran, air 1950 f.c. 142, where the parties were governed by hindu law. the observations of the privy council in mouji lal v. chandrabati kumari, ilr 38 cal 700 (pc), were cited with approval. their lordships of the ..... a bearing, is theextent of mental incapacity present at the time of marriagewhich will be sufficient to avoid it. under section 5(ii) of the hindu marriage act, a condition for solemnisation ofa marriage is that 'neither party is an idiot or a lunatic atthe time of the marriage'. it is ..... for annulment.28. unsoundness of mind has been dealt with under sections 5(ii), 10, 12(1)(b) and 13(1)(iii) of the hindu marriage act. section 5 deals with pre-existing conditions to the solemnisation of marriage between any two hindus and if either party is an idiot or ..... concern of the society apart from the interest of the two individuals affected that marriage as such, should as far as possible, be preserved. the law must guard and maintain the matrimonial relation with watchful vigilance, as marriage vitally affects the public welfare. it is for this reason that even among .....Tag this Judgment!
Court : Chennai
Decided on : Jul-11-1963
Reported in : AIR1964Mad526; 1964CriLJ683
..... in the legal sense. it does not show that he was incapable of knowing the nature of his act, or that what he was doing was wrong, or contrary to law. it has to be noticed that the accused gave a perfectly rational explanation for his own injuries. it was also a true one. the subsequent mental history of the accused ..... to satisfy the criteria laid down under section 84, i. p. c.8. we do not think it necessary to refer to the numerous decisions that are available in the law reports, with regard to the principles of section 84, i. p. c. in relation to the facts of several cases. each case has necessarily to be judged upon its own ..... anantanarayanan, j.1. the appellant (subramaniam alias allabaksh) is a young man of 23 years, described as a hindu converted to islam, generally living by mendicancy. he has been convicted of the very brutal murder of a girl named syed sultan beevi, aged about 7 years, within the premises .....Tag this Judgment!
Court : Chennai
Decided on : Jul-11-1963
Reported in : (1964)1MLJ156
..... satisfy the criteria laid down under section 84 indian penal code.8. we do not think it is necessary to refer to the numerous decisions that are available in the law reports, with regard to the principles of section 84 indian penal code., in relation to the facts of several cases. each case has necessarily to be judged upon its own ..... in the legal sense. it does not show that he was incapable of knowing the nature of his act, or that what he was doing was wrong or contrary to law. it has to be noticed that the accused gave a perfectly rational explanation for his own injuries. it was also a true one. the subsequent mental history of the accused ..... m. anantanarayanan, j.1. the appellant (subramaniam alias allabaksh) is a young man of about 23 years, described as a hindu converted to islam, generally living by mendicancy. he has been convicted of the very brutal murder of a girl named syed sultan beevi, aged about 7 years, within the premises .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-25-1963
Reported in : AIR1964Mys50; 1964CriLJ410; ILR1963KAR469; (1963)1MysLJ520
..... that the failure on the part of the magistrate to have complied with the requirements of section 464 cr. p. c. renders the committal order passed by him invalid in law and therefore liable to be quashed. on the other hand, the argument of sri m.k. srinivasa lyengar who has appeared on behalf of the state is, that there is ..... view that by reason of unsoundness of mind at the time when the act was committed, the accused was incapable of knowing that the act was wrong or contrary to law, yet, he had to commit the accused to take his trial before the court of sessions, as required under section 469 cr. p. c.5. it is no doubt true .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-22-1963
Reported in : AIR1963Guj250; (1963)0GLR890
..... concerning themselves with an allegation of impotency or incapacity. these english cases can have no application in this country to a case arising under the hindu marriage act, because, under the matrimonial causes rules in england specific provision has been made for examination by medical inspectors. there is no such ..... the madness is incurable. this petition was originally filed in the court of the learned civil judge, senior division, at ahmedabad, and was numbered hindu marriage miscellaneous petition no. 68 of 1960. on the establishment of the city civil court at ahmedabad, this petition was transferred to that court and ..... beenincreasing from day to day. on this allegation, the opponent filed a petition for dissolution of marriage under section 13(1)(iii) of the hindu marriage act, on the ground that the petitioner was incurably of unsound mind for a continuous period of not less than three years immediately ..... for compulsory medical examination of the petitioner. it is stated in this application that to establish the incurable insanity of the petitioner as required by law, it was necessary to have a medical examination of the petitioner. the main questions on which the opponent desired medical opinion were: (a) ..... act. there is no provision under the hindu marriage act or the rules framed thereunder, or in the code of civil procedure, or the indian evidence act or any other law which has been brought to my notice which would show any power in the court to compel any party .....Tag this Judgment!
Court : House of Lords
Decided on : May-28-1963
..... decided by deny v. peek (1889) 14 app. cas. 337. i cannot imagine that anyone would now dispute that if this were the law, the law would be gravely defective. the practical proof of this is that the supposed deficiency was in relation to the facts in deny v. peek immediately made ..... the earlier cases and with the observations of lord haldane. it is argued that so to hold would create confusion in many aspects of the law and infringe the established rule that innocent misrepresentation gives no right to damages. i cannot accept that argument. the true rule is that innocent ..... for it would be impracticable to grant relief to everybody who suffers damage through the carelessness of another. the reason for some divergence between the law of negligence in word and that of negligence in act is clear. negligence in word creates problems different from those of negligence in act. words ..... that their statements were true although they had no reasonable grounds for their belief. the court of appeal held that this amounted to fraud in law, but naturally enough this house held that there can be no fraud without dishonesty and that credulity is not dishonesty. the question was never really ..... i cannot do better than adopt the following statement of the case from the judgment of mcnair, j. : this case raised certain interesting questions of law as to the liability of bankers giving references as to the credit-worthiness of their customers. the plaintiffs are a firm of advertising agents. the defendants .....Tag this Judgment!