Court : Mumbai
Decided on : Oct-25-1966
Reported in : AIR1968Bom1; (1967)69BOMLR463; 1967MhLJ844
..... in diverse unforeseen ways several branches of that law and given rise not merely to complexities but to diverse views as to what the legislature truly meant when ..... (with the third point we are not here directly concerned)' then the learned judge pointed out that the rights of a widow under the general hindu law in the joint family property were well settled; 'that the wife of a coparcener becomes a member of the family, though she does not attain ..... half his body survives in her; when half the body of a person survives, how can another person take his property? thus according to the hindu law theory the widow being the surviving half of her deceased husband could not alienate his property but merely held it on his behalf as a limited owner ..... the radical view and a middle of the line view - a view which in our opinion best reconciles the provision of the statute with the normal hindu law and has the imprimatur of high authority. the conservative or narrowest view of the provision of the act is to be found expressed in subha rao ..... upon this customary law were engrafted the provisions of the hindu women's rights to property act xviii of 1937 which came into force on 14th april 1937, and inevitably the attempt to impose by statute a new but qualified right in favour of women upon the orthodox hindu law based on ancient custom has affected .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-09-1966
Reported in : 67ITR164(All)
..... addressed to us. our attention was drawn, in particular, to the following observations in the introductory note on the hindu succession act in mullas commentary (13th edition, pages 762 to 763) on hindu law :'probably the best solution would have been to abolish the ancient legal formulae of right by birth and devolution by survivorship since the logical way was to assimilate the mitakshara ..... may refer to sri henry maines ancient law, where the evolution of the concept of corporate property ..... the devolution of 'property' itself of a male hindu, falling outside the purview of section 6 of the act upon the death of a male hindu intestate.if general considerations as to the character of ancient and pre-existing law, as contained in the texts of the mitakshara, as contrasted with the hindu law found in the hindu succession act, were to be taken into account one .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-04-1966
Reported in : AIR1967SC272; 1967(0)BLJR152; 1967MhLJ601(SC); 1SCR7
..... of a coparcenary and the rights of members of the family in coparcenary property. the hindu law, as laboriously developed by the anglo-indian courts in the light of certain basic concepts expounded by the ancient law givers, had acquired a degree of consistency and symmetry. the act in investing the widow ..... deceased husband and on her death the property reverts to the coparcenary', proceed upon an assumption which is inconsistent with well settled rules of hindu law according to the mitakshara school. the assumption that though the right vested in the widow by the act is a right of property ..... as pointed out by the judicial committee of the privy council in giria bai v. sadashiv dhundiraj and others l.r. 43 indap 151 : 'in hindu law, 'partition' does not mean division of property into specific shares; it covers, ..... both division of title and division of property. in the mitakshara, vijnaneswara ..... of statutory substitution of her interest in the coparcenary property in place of her husband, the right which the other coparceners had under the hindu law of the mitakshara school of taking that interest by the rule of survivorship remains suspended so long as that estate enures. but on the ..... . with certificate granted by the high court, satrughan the son of ghiran has appealed to this court. 3. under the mitakshara school of hindu law, on the death of a coparcener his individual interest in the coparcenary property devolves by survivorship upon the remaining coparceners, and his widow if .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-07-1966
..... . the ready explanation for counsel's references to "present insanity," apart from emphasizing robinson's general lack of criminal responsibility, is that illinois law provided that one acquitted on grounds of insanity at the time of the crime shall by the same verdict be found cured of or still ..... the question of robinson's mental competence to stand trial. counsel was simply borrowing the terminology of the relevant illinois statutes and decisions. the state law in effect at the time of robinson's trial differentiated between lack of criminal responsibility and competence to stand trial, but used "insanity" to ..... state insists that robinson deliberately waived the defense of his competence to stand trial by failing to demand a sanity hearing as provided by illinois law. but it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently "waive" his right to have the ..... to the supreme court of illinois, it was asserted that the trial court's rejection of these contentions deprived robinson of due process of law under the fourteenth amendment. his conviction was affirmed, the court finding that no hearing on mental capacity to stand trial had been requested, that ..... counsel. the trial court's rejection of contentions as to respondent's sanity was challenged on appeal as a deprivation of due process of law under the fourteenth amendment. the state supreme court affirmed the conviction on the grounds that no hearing on mental capacity to stand trial had .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-10-1966
..... . 1 had been inside the house in that case it might have been possible for her to come out of the house on hearing the cry of her daughter-in-law. but this is not so in this case, i, therefore, find that both the eye-witnesses are truthful witnesses and the learned sessions judge rightly believed their testimony in convicting ..... their statements. the p.w. 1 in her statement before the sessions judge has no where stated that she saw the occurrence after hearing the cry of her daughter-in-law. in this case this is a fact that the deceased on receiving the injuries raised an alarm. the p.w. 1 has stated before the sessions judge that on hearing ..... , therefore, there was no difficulty for her to recognise the appellant. the p.w. 3 was also inside the house, and she on hearing the cry of her father-in-law came out of the house and saw the appellant standing near the deceased with a dao in his hand. in view of these facts it is not proper to doubt ..... statement before the sessions judge stated that she saw the incident after hearing the alarm raised by her daughter-in-law. according to her daughter-in-law she first came out of the house on hearing the cry of her father-in-law and then saw the appellant standing by the side of the deceased with a dao in his hand and thereafter .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-14-1966
Reported in : AIR1966SC1457; 3SCR283
..... of services. it is now clear from the record and indeed it is admitted on all hands that they were the subject of an inam granted in ancient times by the rulers and that they were held for the performance of puja in sri meenakshi sundareswaral devasthanam, madurai. in 1948 the revenue divisional officer, ..... the competence of the provincial legislature. 28. the next question which was considered by the high court was whether resuming and regranting the inam to a hindu temple, offended the constitution. the high court did not accept this submission. it is obvious that by the transfer of the inam the temple was ..... and anr. v. secretary of state i.l.r. 27 mad. 16, it was held that there is no period of limitation prescribed by any law within which alone government should exercise its prerogative of imposing assessment on land liable to be assessed with public revenue. this case was followed in subramaniam chettiar ..... they proceed on obliterating the difference between resumption of an inam for breach of its terms and forfeiture which is a kind of punishment annexed by law to some illegal act or negligence, in the owner or possessor of land. we are not here concerned with forfeiture but with the resumption of ..... not find it necessary to refer to them. the term act of state does not always mean a sovereign act against an alien which is neither grounded in law nor does it pretend to be so. the term means more than that because it has many meaning. in state of saurashtra v. memon haji ismail .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-13-1966
Reported in : (1969)ILLJ493Kant; (1966)2MysLJ97
..... it to a bench of two judges under the provisions of s. 6 of the mysore high court act since in his opinion the appeal involved an important question of law as to the applicability of the provisions of art. 311 of the constitution to civilian employees in the defence department. 4. according to the defendants, the plaints was appointed purely .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-05-1966
Reported in : AIR1967All231
..... fee involves an element of quid pro cfuo : see lower mainland dairy products sales adjustment committee v. crystal dairy ltd., 1933 ac 108 and commr., hindu religious endowments. madras v. sri l. t. swamiar : 1scr1005 in other words, the amount payable under rule 28-a must be for some ..... trouble; ascertained either by acts of the legislature, or by ancient usage, which gives them an equal sanction with a statute of the land.' in ramanatha aiyer's law lexicon, the follow ing has been said with regard to 'fee'. 'fees, are a charge ..... the amount be optional or fixed by custom, compensation paid to professional men. as an attorney or physician; the reward or compensation allowed by law to an officer for specific services performed by him in the discharge of his official duties, frequently for services rendered in the progress of cause, ..... meanings: 'payment to a public officer for the execution of the functions; hence, professional or other remuneration; charge; wages ' 31. in tomlin's law dictionary 'fee' has been defined as: 'certain perquisites allowed to officers or persons engaged in the administration of justice, as a recompense for their labour and ..... objecting to the grant of letters of administration to the administrator general on the ground that having obtained a probate from a competent court of law. they alone could receive the letters of administration. the prayer in this objection is in the following terms: 'it is therefore prayed that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-14-1966
Reported in : AIR1966SC1119; (1967)69BOMLR1; 1967MHLJ289(SC); 3SCR242
..... or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein it his act had not been passed. the same ..... on indian philosophy. ('indian philosophy' by dr. radhakrishnan, vol. i, pp. 22-23.) unlike other countries, india can claim that philosophy in ancient india was not an auxiliary to any other science or art, but always held a prominent position of independence. the mundaka upanisad speaks of brahma-vidya ..... ; but as often happens in these matters, the said apprehension is founded on superstition, ignorance and complete misunderstanding of the true teachings of hindu religion and of the real significance of the tenets and philosophy taught by swaminarayan himself. 58. while this litigation was slowly moving from court ..... nanak inspired sikhism; dayananda founded arya samaj, and chaitanya began bhakti cult; and as a result of the teachings of ramakrishna and vivekananda, hindu religion flowered into its most attractive, progressive and dynamic form. if we study the teachings of these saints and religious reformers, we would notice ..... asia, through the mountain passes into india, settled first in the districts near the river sindhu (now called the indus). the persians pronounced this word hindu and named their aryan brethren hindus. the greeks, who probably gained their first ideas of india from the persians, dropped the hard aspirate, and called .....Tag this Judgment!
Court : Chennai
Decided on : Dec-15-1966
Reported in : (1967)2MLJ473
..... particular case depends on the circumstances under which the claim arises. in general the rule which applies 'is ei qui affirmat non ei qui negat incumbit probatio'. it is an ancient rule founded on considerations of good sense and it should not be departed from without strong reasons.3. the supreme court in narayan v. gopal : 1scr773 , has held that ..... b. corporation v. bhatnath : 3scr495 , further the supreme court in rama iyer v. sundaresa : 3scr474 , observed as follows:the decision of the subordinate court on all questions of law and fact not touching its jurisdiction is final and, however, erroneous such a decision may be, it is not revisable under sub-sections (a) and (b) of section 115. on ..... the other hand, if by an erroneous decision on a question of fact or law touching its jurisdiction e.g., on a preliminary fact upon the existence on which its jurisdiction depends, the subordinate court assumes a jurisdiction not vested in it by ..... law or fails to exercise a jurisdiction so vested, its decision is not final and is subject to review by the high court in its revisional jurisdiction under sub-sections (a) .....Tag this Judgment!