Court : Allahabad
Decided on : Dec-13-1968
Reported in : AIR1970All238
..... compromise decree cannot be enlarged under sub-section (1) of the section. the scheme of section 14 apparently is to give full proprietary rights to hindu women where she got only limited rights by virtue of ancient hindu law but not to affect those which were received under an instrument by deliberate human volition. in the present case, limited rights were acquired under a ..... compromise decree and are thus not affected even if the provisions of section 14 of the hindu succession act are applicable to the case. 9. learned counsel ..... given to her by the compromise decree and the mere fact of her name remaining on the revenue records cannot be sufficient to invest her with any right. under the hindu law, as it stood in 1936, she got no right in the joint family property and the only property which came into her possession by means of the compromise decree were ..... it is using it with reference to that kind of property with respect to which it is competent to legislate and to no other..................'the hindu succession act, 1956, was passed merely to alter the personal law of succession applicable to hindus. it had no reference to any kind of property in particular and was not meant to govern rights in agricultural .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-1968
Reported in : AIR1969SC563; 1SCR624
..... the act were those granted by hindu kings in the past. according to hindu conceptions a tank has always been considered as an object of charity. in the tagore law lectures delivered in 1892 by late pandit prannath saraswati on 'the hindu law of endowments', he stated:'from very ancient times the sacred writings of the ..... hindus divided works productive of religious merit into two divisions named ishta and purta a classification which has come down to our times. so much so that the entire objects of hindu endowments will be found ..... maintenance of sadavartas, tanks, seats of learning and homes for the disabled or the destitute and similar institutions is recognised by and well known to hindu law, and when maintained as public institutions they must be taken to have a legal personality as a matha or the deity in a temple has, ..... maintenance of sadabartas, tanks, seats of learning and homes for the disabled or the destitutes and similar institutions are recognised by and well known to hindu law and when maintained as public institutions, they must be taken to have a legal personality as a matha or the deity in a temple has, ..... and the persons in charge of the management would occupy a position of trust.9. from the above discussion it is seen that under hindu law a tank can be an object of charity and when a dedication is made in favour of a tank, the same is considered as a .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-1968
Reported in : (1970)2MLJ334
..... in t. s. srinivasan v. commissioner of income-tax (1956) 60 i.t.r. 36 : (1966) 11. t.j. 1, eliminates the application of the hindu law doctrine which concedes the right of a son in the womb of the mother being equal in many respects to a son actually in existence, it was stated so in ..... mr. balasubramaniam, contending contra, would state that section 21 of the special marriage act, 1954, would not envisage a joint family as is orthodoxically understood in traditional hindu law as between the assessee and his son, and even otherwise the property in the hands of the assessee which was secured by him at a partition, cannot be ..... family.15. we are of the view that the opinion expressed by the supreme court in the last case to the effect:the doctrine that under hindu law a son conceived or in his mother's womb is equal in many respects to a son actually in existence, in the matter of inheritance, ..... the lynx's eye of orthodox hindu law. the assessee therefore is a lineal descendant who could claim to have the status of being a member of the joint family of which the assessee is the head. at this stage the analogy of a hindu widow and her rights both under the ancient texts and by virtue of the ..... later statutory law may also be considered so as to appreciate the status of the assessee's son. the catena of decisions cited .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-1968
Reported in : AIR1970Mad249; 73ITR360(Mad)
..... 14. even the dicta in and that inare reconcilable. though one may gain the impression that the principle excerpted above and contained in eliminates theapplication of the hindu law doctrine which concedes the right of a son in the womb of the mother being equal in many respects to a son actually in existence, it was ..... balasubramaniam, contending contra would state that section 21 of the special marriage act, 1954, would not envisage a joint family as is ortho-doxically understood in traditional hindu law as between the assessee and his eon, and even otherwise the property [n the hands of the assessee which was secured by him at a partition, cannot ..... lynx's eye of orthodox hindu law. the assessee (son?) therefore is a lineal descendant who could claim to have the status of being a member of the joint family of which the assessee is the head. at this stage the analogy of a hindu widow and her rights both under the ancient texts and by virtue of ..... family."we are of the view that the opinion expressed by the supreme court in the last case to the effect:"the doctrine that under hindu law a son conceived or in his mother's womb is equal in many respects to a son actually in existence, in the matter of ..... the later, statutory law may also be considered bo as to appreciate the status of the assessee's; son. the catena of decisions .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-03-1968
Reported in : (1979)81BOMLR578
..... doctrines. this is equally true of the talmud as also of any ancient system of jurisprudence. in sri balusu gurulingaswami v. sri balusu ramalakshmamma the privy council enjoined caution in the matter of consideration of old text books of the hindu law in these words (at p. 136): -their lordships had occasion in ..... god, the babylonians believed that the sun god had given their code to hammurabi and the egyptians believed that their law came from thoth. in the same way the ancient hindus believed their law to be divinely revealed, the shruti including the vedas, being taken to be the revelation of the deity and ..... a late case to dwell upon the mixture of morality, religion, and law in the smritis : rao balwant singh v. kishori  l.r. 25 ind ..... this human relationship more than any other, therefore, must necessarily form the subject-matter of ethical teachings and doctrines. all ancient systems of law claimed to possess in addition to the sanction of the state a supernatural sanction for their enforcement. thus just as the jews believed that their ..... two books to which both learned counsel have referred me are (1) rev. dr. m. mielziner's book entitled 'the jewish law of marriage and divorce in ancient and modern times', second revised edition published in 1901 and (2) the fifth volume headed deuteronomy of the work entitled 'the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-26-1968
Reported in : (1968)IILLJ790MP; 1968MPLJ549
..... with a different approach. under the hindu law as it was in force for a large number of years before the enactment of the hindu adoptions and maintenance act, 1956, a girl was not eligible for adoption and the adoption of a daughter was not known, although in very ancient times a daughter also could be ..... , therefore, answer the question, referred to us, as follows:an adopted daughter who is validly adopted according to the provision of the hindu adoptions and maintenance act, 1956, by a workman, is se long as she remains unmarried, deemed to be 'unmarried legitimate daughter' under section 2(1)(d ..... (ii) * * * | (sot relevant for(iii) * * * | the purposes of| this reference).apart from any thing else, by force of section 12 of the hindu adoptions and maintenance act, 1956, and unmarried adopted daughter is included in the expression 'unmarried lagitimate daughter' in section 2(1)(d) of the workmen's compensation act.12. we ..... conditions which are to be fulfilled are also alike. to state broadly, as in the case of a boy, the must be a hindu the must not have already been adopted; she must not have been married, and she must not have completed the age of 15 years.9. after ..... gift of a daughter in adoption (again kanyaddan) in order to secure spiritual benefit to the dones through such adopted daughter's son.8. under the hindu adoption and maintenance act, 1956, a girl is as capable of being taken in adoption as a boy (see section 10 of that act). the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-20-1968
Reported in : AIR1969Cal304,73CWN100
..... kumari, (1911) 38 ind app 122=ilr 38 cal 700, and reiterated by the federal court in the ratneswari case, air 1950 fc 142 supra. but that is the old hindu law under which insanity or lunacy was not a disqualification for purposes of marriage, none of the early smriti writ' ers having made such unfortunate ailment a disqualification, as pointed out ..... in the bridegroom.'quoted in the very case: the ratneswari case, air 1950 fc 142 supra.11. but the law that rules this litigation is not the old hindu law, the law that rules this litigation is the hindu marriage act, 25 of 1955. and that law, by section 12, sub-section (1), clause (b), and section 5, clause (ii), provides for annulment, by a decree ..... by mukherjea, c. j., (then mukherjea, j.) in the ratneswari case, air 1950 fc 142. or, as sir gurudas banerjee says in his tagore law lectures on marriage and stridhan:'even considering hindu marriage to be entirely a sacrament, the acceptance of the bride is a necessary and indispensable part of the ceremony. therefore, he, whose loss of reason is ..... of nullity, of a marriage with a lunatic. that is all the hindu marriage act says. the act does not say .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-18-1968
Reported in : AIR1970All51; 1970CriLJ132
..... all the circumstances. this much is a plain consequence in our mode of jury trial; and the fallacy has arisen through attempting to follow the ancient continental phraseology, which grew up under the quantitative system of evidence, fixing artificial rules for the judge's measurement of proof.'105. it is ..... morally blameworthy came to be enshrined in the well known maxim actus non facitreum, nisi mens sit rea. this ancient maxim has remained unchallenged as a declaration of principle at common law throughout the centuries up to the present day. so long therefore, as it remains unchallenged no man should be ..... . i find myself in respectful disagreement also with oak, c. j. on the questions whether there is some conflict either between the indian law and english law on burden of proof when the plea of private defence is set up or between the majority view in parbhoo's case : air1941all402 and ..... nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.'criminal intention or knowledge is a material ingredient of section 80 the other ingredients being that ..... deceased; the accused pleads that he shot at the deceased by accident without any intention or knowledge in the doing of a lawful act in a lawful manner by lawful means with proper care and caution: the accused against whom a presumption is drawn under section 105 of the evidence act that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1968
..... local affairs. the constitutional rule we are urged to adopt is not merely revolutionary -- page 392 u. s. 548 it departs from the ancient faith based on the premise that experience in making local laws by local people themselves is by far the safest guide for a nation like ours to follow. i suspect this is a most propitious time ..... never articulated a general constitutional doctrine of mens rea. [ footnote 27 ] we cannot cast aside the centuries-long evolution of the collection of interlocking and overlapping concepts which the common law has utilized to assess the moral page 392 u. s. 536 accountability of an individual for his antisocial deeds. [ footnote 28 ] the doctrines of actus reus, mens rea, ..... of this case, should the principles advanced in dissent be accepted here, the court could not avoid holding such an individual constitutionally unaccountable for his assaultive behavior. traditional common law concepts of personal accountability and essential considerations of federalism lead us to disagree with appellant. we are unable to conclude, on the state of this record or on the ..... of antisocial conduct. obviously, chronic alcoholics have not been deterred from drinking to excess by the existence of criminal sanctions against public drunkenness. but all those who violate penal laws of any kind are, by definition, undeterred. the longstanding and still-raging debate over the validity of the deterrence justification for penal sanctions has not reached any sufficiently clear .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-03-1968
Reported in : AIR1969P& H310
..... erroneously declined to exercise. we, therefore, hold that the decision of the labour court on the first preliminary issue is based on an error of law apparent on the face of the record and the said decision is, therefore, set aside, and it is held that the labour court did have ..... provision would also not lie at the hands of a person retrenched from service and claiming that the retrenchment was wrongful and not in accordance with law. in the instant case, the claim is based on an existing contract of service. the scales of pay are fixed by the government under the ..... may, by notification in the official of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947, or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as ..... court should be quashed and the labour court should be directed to dispose of the claim of the petitioners before it on merits in accordance with law. the employer has mainly supported the impugned order of the labour court on the grounds contained in that order. when this case came up ..... act and the applicant was bound to move the said authority under the act. the present application is an obvious circumvention of the statutory provisions of law and hence not maintainable.'3. from the pleadings of the parties, the labour court framed two preliminary issues to the effect:-(1) whether the .....Tag this Judgment!