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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1971 Page 1 of about 149 results (0.059 seconds)

Mar 03 1971 (HC)

Chellammal Vs. Nallammal

Court : Chennai

Decided on : Mar-03-1971

Reported in : (1971)1MLJ439

..... : air1970all238 does not take the matter any further. the statement that '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', has put the matter too widely. observations to similar effect ..... inheritance or at partition or treat them as out and out fresh acquisitions without any vestige and semblance of title prior thereto. according to settled rules of hindu law as laid down in the hindu law texts and according to the judicial decisions, it is impossible to take the view that allotment of properties for maintenance should be treated as totally unconnected with ..... of the prevalent notions existing then, or is the transaction predominently in the realm of contracts. there is bound to be overlapping and in the same field considerations of hindu law or alternatively the effect and operation of individual contracts may operate. in either of the categories of the arrangements the notion of a contract is substantially involved and so the ..... the privy council applied the classical statement of lord westbury in appovier's case (1866) 11 mi.a. 75, that 'according to the true notion of an undivided family in hindu law, no individual member of that family, whilst it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share.' the .....

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Apr 30 1971 (HC)

Kanna Alias Mahalakshmi Ammal Vs. Krishnaswami Achari

Court : Chennai

Decided on : Apr-30-1971

Reported in : AIR1972Mad247

..... in gurdev kaur's case, cited above, it will be totally inappropriate to apply the standard expected by manu or other ancient hindu law givers in determining what would constitute reasonable cause in modern times. even if the husband satisfies the condition stipulated in section 9(1) of the ..... the changed social conditions as they obtain today and not with the rigid background of the tenets of the old texts of manu or other hindu law givers. the learned judge has further observed that, where the husband is guilty of conduct which falls short of legal cruelty in the sense ..... w. 7 had taken an unnecessarily gloomy picture about the physical condition of the appellant.8. i shall now refer to the law on the subject, s. 9 of the hindu marriage act, 1955 is worded thus.'9(1), when either the husband or the wife has, without reasonable excuse, withdrawn ..... of her husband, she can claim separate maintenance, and has observed that the case, among other things, deciding what is justifiable cause under the hindu married women's rights to separate residence and maintenance act, 1946 would become relevant and helpful for deciding the meaning of the expression 'reasonable excuse' ..... appeal arises was instituted by the respondent-husband krishnaswami achari against the appellant, his wife kanna alias mahalakshmi ammal under s. 9 of the hindu marriage act for a decree for restitution of conjugal rights. the learned subordinate judge of ramanathapuram had decreed restitution; and on appeal the learned .....

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Sep 02 1971 (HC)

V.S. Subba Reddiar and anr. Vs. Seetharaman and ors.

Court : Chennai

Decided on : Sep-02-1971

Reported in : AIR1972Mad421

..... as alleged by the plaintiffs and that the custom pleaded is opposed to the principles of hindu law, public policy, morality, eugenics etc. finally, they contended that the custom pleaded by the plaintiffs is not ancient and the matter has been concluded by the judgment in s.a. no. 1445 of ..... and the second defendant was within the prohibited degree for marriage, according to the hindu law texts and sastras, the marriage between punnayammal and the second defendant could not be questioned, as there was an ancient custom in the community of reddis permitting such marriage and even the marriage of ..... 's daughter. there is no dispute that punnayammal stands in the prohibited degree of relationship for marriage with the second defendant, according to hindu law. but the contention of the plaintiffs is that by custom, such marriages are allowed in their district and in their community. it is ..... , that it must be ancient it character, certain, reasonable and should not be opposed to public policy, morals and eugenics. it is also clear that in the southern part of india, though the marriage with the sister's daughter is prohibited by the hindu law, it is recognized as a ..... ancient character and reasonableness of the same in a properly instituted declaratory suit for that purpose.4. in the present suit the plaintiffs pleaded the custom which permitted their mother's marriage with the second defendant. she is the mother's father's brother's daughter of the second defendant. according to hindu law .....

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Nov 02 1971 (HC)

Krishna Singh Vs. Mathura Ahir and ors.

Court : Allahabad

Decided on : Nov-02-1971

Reported in : AIR1972All273

..... texts. 29. in golapchandra sarkar sastri's hindu law (eighth edition) it has been observed at page 113 as follows:-- 'twice-born and sudras-- the smritis, which have thrust into prominence this system ..... favour, the reason given therefor being that the plaintiff failed to prove that he or his predecessors had performed arma sradh, and uttered pravesh mantra as mandatorily prescribed by hindu law. the factual part of the finding, viz. the performance of the sradh and the utterance of the mantra, is binding in second appeal, but the conclusion drawn therefrom ..... is generally the promotion of religious knowledge and the imparting of spiritual instruction to the disciples and followers of the math. they are institutions conducive to spiritual welfare. (mulla's hindu law. 13th edn. p. 581). 20. the term 'math' has not fully retained its original meaning nor its original character or significance. maths as such, points out mukherjea, ..... law itself underwent a radical change, because althoughin most of the maths only sanyasis were deemed to be qualified to hold the office of mahant, the mahants were recognised as having in a large measure dominion and control over the math properties and the income therefrom. this position would be wholly inconsistent with the rigorous life of a sanyasi prescribed by ancient hindu .....

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Jul 20 1971 (HC)

Makku Rawther's Children: Assan Ravther and Ors. Vs. Manahapara Charay ...

Court : Kerala

Decided on : Jul-20-1971

Reported in : AIR1972Ker27

..... laws and not because the ancient lawgivers obligate the courts to enforce the texts. of course, the shariat act also has made the ..... of chapter vii relating to gifts are based on general principles and do not conflict with the rules of hindu or budhist law ..... we propose to omit the reference to hindu and budhist law.'i am unable to see any conflict with the rules of muslim law either--except, may be where religious or charitable gifts are made. they are only supplementary, not derogatory to ..... is, for that very reason, enforceable through court. not manu nor muhammed but the monarch for the time makes 'personal law' enforceable. article 13 (1) gives an inclusive and not exhaustive definition. and i respectfully venture the opinion that hindu and mohomedan laws are applied in courts because of old regulations and acts charging the courts with the duty to administer the personal ..... sharia applicable to muslims in matters of family law, gifts, wakfs etc.24. chitaley on the constitution of india has made a critical .....

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Aug 25 1971 (HC)

Lachhman Vs. Thunia

Court : Himachal Pradesh

Decided on : Aug-25-1971

Reported in : AIR1972HP69

..... the punjab authority reported in was followed.30. we may also cite : lala duni chand v. mt. anar kali, . this case involved an interpretation of the hindu law of inheritance (amendment) act, 1929, which came into operation immediately on the expiration of 20th february. 1929. the object of the act was to alter the order ..... this interpretation does not appear to be correct. it was held in mt. rajpali kun-war v. surju rai, : air1936all507 that 'dies intestate', used in hindu law of inheritance (amendment) act (2 of 1929), refers only to the status of the deceased and not to the time of his death. similarly, the words ..... a widow and in which her rights had not been enlarged. would the succession be governed, in such a case, by the old hindu law or under the law prevailing at the time when the limited owner of the property died this question was not directly under consideration there. such observations as may ..... the next question which requires consideration is whether the succession to the property on the death of the widow is to be governed by the old hindu law or succession takes place in accordance with the provisions of the act prevailing at the time of the death of the widow. there are conflicting ..... , as it seems to be, by the act. sir henry maine, in his 'ancient law', pointed out that legal fictions, which bentham disapproved of so much, need be employed only at the stage of evolution of law when its direct development by resort to legislation is difficult. the grip of the fiction .....

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Sep 02 1971 (HC)

Sm. Sovabati Dassi Vs. Kashi Nath Dey and anr.

Court : Kolkata

Decided on : Sep-02-1971

Reported in : AIR1972Cal95

..... happen to die without any issue the shebaitship of the said thakur after the death of his wife shall devolve upon his heirs under the hindu law.'admittedly nityasundari acted as shebait till her death and after her death mritunjoy became the shebait. the first wife of mritunioy died leaving the ..... as stated above, shebaitship comprises a distinctive category of property, the transfer of which is permissible unless such transfer is repugnant to the principles of hindu law. shebaitship, being an amalgam of office and property, it will not be correct to say that it is absolutely alienable like any other property ..... transfer of a shebaiti right is invalid if the transferee is a person who is incapable or incompetent to discharge the religious duties according to hindu law or whose appointment as a shebait is not beneficial to the worship of the deity. thus, the transfer of shebaitship might be declared valid ..... by will. reference has been made by him to bameswar bamdev v. anath nath, : air1951cal490 , the observations of mr. b. k. mukherjee j. on the hindu law of religious and charitable trust (third edition) pages 169. 177. 181 and 183, gos-sami sree girdharjee v. romanlal-jee gossami, (1888) 16 ind app ] ..... right is permissible if such transfer is not contrary to the intentions of the founder as expressed in the deed of endowment unless an, ancient or reasonable custom or usage has been followed to the contrary.(b) where there is a perpetual or hereditary line of succession of shebaitship .....

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Sep 06 1971 (HC)

In Re: K.M. Thomas

Court : Chennai

Decided on : Sep-06-1971

Reported in : (1973)1MLJ179

..... and that he was totally incapable of knowing the nature of the act or knowing that the act he committed was either wrong or contrary to law. the case sheets relating to the appellant's treatment dearly show that there were lapses and remissions; and the passage in modi's medical jurisprudence ..... delusion that he had inflicted a serious injury to his character and fortune, he is criminally responsible for his offence, as no one is entitled by law to kill a person in revenge for such injury, even if his delusion were true.27. insanity, in order to absolve a person from all ..... a beast.25. while dealing with the second ground of exemption covered by the words 'that he is doing what is either wrong or contrary to law', mayne has observed that it is the most important test in numerous cases and will arise where mental disease has only partially extinguished reason. one ..... inferences without any basis on record.23. it must however be remembered that it is not every form of insanity or madness that is recognised by law as a sufficient excuse. there is a vital distinction between medical insanity and legal insanity. insanity, according to the medical science, will comprise mental abnormality ..... the general exceptions in the indian penal code, or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances.illustrations: (a) a, accused of murder,, alleges that, .....

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Oct 29 1971 (HC)

K. Kusuma Kumari Vs. Grandhi Surya Bhaghawan and ors.

Court : Andhra Pradesh

Decided on : Oct-29-1971

Reported in : AIR1982AP163

..... this appeal with costs.'in ran birjai bahadur singh v. jagatpal singh, (1891) ilr 18 cal 111 the privy council observed : 'exclusion, under the hindu law, of a claimant from the inheritance on the ground of insanity could not be inferred merely from his being described in the plaint as insane, from ..... case. on facts it was found that mathu lal was not proved to be either an idiot or an insane person. it was observed:'the rule hindu law which disqualifies 'idiots' and 'madmen' from inheritance should be enforced only upon the most clear and satisfactory proof that its requirements are satisfied. the ..... as a person of defective understanding and an imbecile and as such incapable of protecting his own interest. the objection was taken that under the hindu law, a congenital idiot was not entitled to inheritance or obtain a share in the family property and two medical certificates were relied upon, one dated ..... case ramakrishna was born in the year 1941 and was claiming right in the family properties by birth, the changes made in the law of inheritance by the hindu succession act of 1956 are not applicable to ramakrishna and that ramakrishna would quality for a share in the family properties only if ..... s. no. 20/1920 and he wanted to avoid family litigation between him and his son regarding partition of the properties. exercising the right of hindu father to effect a partition between himself and his three minor sons, he partitioned the family properties under a partition deed dated 1-1-1958, .....

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Sep 20 1971 (HC)

Jegannatham Pillai Vs. Kunjithapatham Pillai and ors.

Court : Chennai

Decided on : Sep-20-1971

Reported in : AIR1972Mad390

..... the estate so as to bind the remainderman. in all cases it is desirable to discover whether the limited estate in question is that known to hindu law, or one of the newer variations employed by modern testators.' the author has pointed out in para. 676 of the same book that the'exceptions ..... and claim absolute interest in the property.15. mr. v. k. thiruvenkatachari referred to the following passage at p. 424 of the book 'introduction to modern hindu law' by derrett (para. 674) in support of his contention that apart from the marginal cases referred to therein 'the limited estate is dead':--'we are justified ..... have effect with respect to any matter for which provision is made in this act; (b)............ manifastly, the legislature intended to supersede the rule of hindu law on all matters in respect of which there was an express provision made in the act.'it has been held in the decision that a right ..... limited; but so long as she is alive no one has any vested interest in the succession. these observations have been extracted at page 195 of mullah's hindu law, 13th edn. in paragraph 176.11. the following passage at p. 531 in rangasami gounden v. nachiappa gounden, ilr 42 mad 523 : air 1918 ..... reversioner to the estate of one sivachidambaram pillai, who died issueless on 17-1-1904, leaving his young widow valambal as his only heir under the hindu law. valambal claimed in o.p. 506 of 1912 on the file of the district court, thanjavur, for letters of administration of the estate of her .....

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