Court : Delhi
Decided on : Apr-26-1972
Reported in : AIR1973Delhi46; 8(1972)DLT292
..... best known to her, to leave her husband and it was she who left her husband, not that the husband deserted her. (8) the ancient hindu law was based on the concept of dharma which included the supremacy of morals and the established code of conduct laid down by the scriptures. with the ..... change in the way of life and the outlook of people the thought of process for bringing about changes in hindu law also started. it was realised that the ancient way of life must yield to a more realistic approach in human relationship. this ultimately resulted in codification of various facts ..... of hindu law adapted to suit the requirements of the modern way of life. the enactment of the hindu marriage act, 1955 was a result of this change in thinking, to do away with the ancient outmoded concept of marriage and to put this human ..... single judge of this court, whereby accepting the appeal of the respondent herein, the petition of the appellant herein for judicial separation under section 10 the hindu marriage act, 1955 (hereinafter called the act) was dismissed. (2) the appellant and the respondent are hindus who were married at delhi on 2nd ..... relationship on a more rational basis. thereforee, in construing the provisions of this law, a practical and human approach .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1972
..... member of a suspect or unpopular minority, and saving those who by social position may be in a more protected position. in ancient hindu, law a brahman was exempt from capital punishment, [ footnote 19 ] and, under that law, "[g]enerally, in the law books, punishment increased in severity as social status diminished." [ footnote 20 ] we have, i fear, taken in practice the same position, partially ..... 155-160 (1928). [ footnote 17 ] crime in america 335 (1970). [ footnote 18 ] see johnson, the negro and crime, 217 annals 93 (1941). [ footnote 19 ] see j. spellman, political theory of ancient india 112 (1964). [ footnote 20 ] c. drekmeier, kingship and community in early india 233 (1962). [ footnote 21 ] cf. b. prettyman, jr., death and the supreme court 296-297 (1961). "the ..... a government should authorize or justify such atrocious conduct.'" and cooley, in his book, constitutional limitations, said the court, "apparently in a struggle between the effect to be given to ancient examples and the inconsequence of a dread of them in these enlightened times, . . . hesitate[d] to advance definite views." id. at 217 u. s. 375 . the result of a ..... of deliberately putting some of its members to death. in the united states, as in other nations of the western world, the struggle about this punishment has been one between ancient and deeply rooted beliefs in retribution, atonement or vengeance, on the one hand, and, on the other, beliefs in the personal value and dignity of the common man that .....Tag this Judgment!
Court : Delhi
Decided on : Feb-18-1972
Reported in : AIR1973Delhi160; 9(1973)DLT125
..... , thereforee. be coparcenary property and ordinarily it would have been inherited by the members by survivorship but the act has made an inroad on this rule of ancient hindu law and created a class of statutory heirs. as observed by g. k. misra. j. in madhusudhan rav v. ananta charan behera : air1963ori183 . the ..... share of the deceased on partition before his death would have come to one-seventh as his wife as mentioned a paragraph 315 of mulla's hindu law. would have been entitled to obtain a share along with her five sons and now the daughters would. thereforee. get one-eighth share out of ..... would be allotted to him if a partition of the property had taken place immediately before his death among the coparceners according to the rules of hindu law. the court answered the problem raised in that case that the property was allottable in three shares before the death of the deceased. namely. between ..... amongst the parties and section 6 does not apply to the joint family property apart from the coparcenary property. there is no doubt that in pure hindu law. according to mitakshara school. the female heirs are not members of the coparcenary which is a much narrower body confined to persons who acquire an ..... we have ordered accordingly. so far as the share of the mother. defendant no. 1, is concerned, under the provisions of the hindu succession act. (as well as the hindu law) she is entitled to obtain a share equal to her son and. thereforee the share of the plaintiff and defendants nos. 1 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-07-1972
Reported in : AIR1973AP208
..... . telugu castes, more particularly of the telangana region, are not those prescribed by hindu law texts but rather those prescribed by custom. its is well known that custom can override any text of smriti law and such custom which is in derogation of ordinary law must be proved to be ancient, certain and reasonable before it can receive judicial recognition.' after having said all that ..... at their will and pleasure, for the essence of custom or usage is that it is an ancient one recognised and adopted by the caste and has certainly about it.'regarding the transcendency of the custom modifying the hindu law, the learned judge observed that:'as custom is 'transcendent law' according to the sages, it is open to establish a custom modifying the ordinary ..... a custom or a usage is that it must be ancient, definite and reasonable, and such a custom or usage must be proved in accordance with law, i.e., it must be pleaded and then proved by evidence. if a custom is proved according to law, then it is ' transcendent law ' and overrides the ordinary hindu law.18. thus it is obvious that the marriage of ..... hindu law. i. e. a custom having the force of law. the essentials of a valid custom, whether it is a caste custom or a sub caste custom or custom of a particular locality or of a family, are that it must be ancient, certain and reasonable and it cannot be enlarged beyond the .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-22-1972
Reported in : AIR1974Guj4; (1973)GLR679
..... related to the case of partition amongst halai memons of bantwa and what was held therein was that no presumption can arise as to the existence of the hindu law of partition among ancient hindu converts to islam and that the burden should have been placed on the person alleging such a custom, but was wrongly placed on the other side. the ..... view of life prevailed in muli area. it is well recognised that hal memons of porbandar in saurashtra (kathiawar) follow in matters of succession and in heritance hindu law and not maheomedan law, differing in this respect from halai memons of bombay. daoodi and sulaiman bohras being adherents of the western branch of the ismailis have always been governed by mohammedan ..... presumption; (3) that this custom should however be confined strictly to cases of succession and inheritance; (4) and that if any particular usage. at variance with the general hindu law applicable to these communities in matters of succession, be alleged to exist, the burden of proof lies on the party alleging such special custom.'as observed therein:'these principles may ..... law. such custom must be ancient, certain and reasonable, and being in derogation of the general rules of law. must be construed strictly and it must be established by clear and unambiguous evidence. mere linguistic, territorial or political divisions will not be decisive. general statements quite impossible of contradiction to the effect that the muslim converts of a particular area are governed by hindu law .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-19-1972
Reported in : AIR1972SC2119; 83ITR720(SC); (1972)1SCC508; 3SCR118
..... intention of the legislature.12. in ambalal v. keshav bandhochand gujar i.l.r 1941 bom. 250 the question was whether jains were governed by hindu law of inheritence (amendment) act 1929 which applied to all persons governed by mitakshara as modified by the mayukha. it was argued in that case that .....  p.c 77 in which their lordships relied on the statement in mayne's hindu law and usage that jams are of hindu origin; they are hindu dissenters and although 'generally adhering to ordinary hindu law, that is, the law of the three superior castes, they recognise no divine authority in the vedas and do ..... assessee were originally hindus. they later on became converts to christianity. it was found that although for the purposes of succession to property the hindu law was still applicable to the family of the assessee, he could be assessed only as an individual for wealth tax purposes and could not ..... 219-258). one of the early decisions in which jains were stated to be of hindu origin being hindu dissenters is that of westropp ..... view that jains are hindu dissenters. as a result of comparative research in hinduism, jainism and buddhism, it is being emphatically claimed that the theory that jains are hindu dissenters is based on a misreading of the ancient authorities relating to these religions (see c.r. jain-jain law-pp. 3-23 and .....Tag this Judgment!
Court : Chennai
Decided on : Mar-21-1972
Reported in : AIR1973Mad36
..... contained in the judgment of the supreme court in muthammal v. sri subramaniaswami devastanam, tiruchendur. . that again dealt with the position resulting fromthe textual hindu law and did not deal with a succession which opened subsequent to the coming into force of central act xii of 1928. in that case the succession ..... in our judgment the words 'or from any right or a share' have been purposely introduced by the legislature. the prohibition laid down by the hindu law texts debarring persons of unsound mind from claiming a share is removed by the act. 'any right' means all rights which includes a right to claim ..... physical or mental defect. from the terms of the statute itself, it is clear that the only disqualification out of the many that the textual hindu law had prescribed which had been preserved by the statute is the disqualification arising from congenital lunacy or idiocy and that all the other disqualifications have been ..... of the plea of non-maintainability of the suit. the contention that was put forward and accepted by the trial court was that under the hindu law a congenital idiot or lunatic was not entitled to inheritance or obtain a share in joint family property and even if the lunacy or idiocy ..... advised to state that even on the allegations in paragraphs 3, 6 and 13 of the plaint the suit for partition was not maintainable under hindu law. the additional defence sought to be taken was that on the allegations in paragraphs 3, 6 and 13 of the plaint, that the appellant .....Tag this Judgment!
Court : Chennai
Decided on : Mar-21-1972
Reported in : (1972)2MLJ341
..... of the supreme court in muthammal v. sri subramaniaswami devasthanam, tiruchendur : 2scr729 . that again dealt with the position resulting from the textual hindu law and did not deal with a succession which opened subsequent to the coming into force of central act xii of 1928. in that case the succession ..... a right to get a separate share. the act in question is a social legislation intended to remove certain social disabilities imposed by the customary hindu law. it calls for a benevolent construction. in our judgment 'the act' placed a coparcener of unsound mind in the same position as that of ..... . in our judgment, the words 'or from any right or a share' have been purposely introduced by the legislature. prohibition laid down by the hindu law-texts debarring parsons of unbound mind from claiming a share is removed by the act. 'any right' means all rights which includes a right to ..... physical or mental defect. from the terms of the statute itself, it is clear that the only disqualification out of the many that the textual hindu law had prescribed, which had been preserved by the statute is the disqualification arising from congenital lunacy or idiocy and that all the other disqualifications have been ..... the plea of non-maintainability of the suit. the contention that was put forward and accepted by the trial court was that under the hindu law a congenital idiot or lunatic was not entitled to inheritance or obtain a share in joint family property and even if the lunacy or idiocy .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-14-1972
Reported in : AIR1972SC1586; (1972)2SCC11; 3SCR815
..... d.g.palekar, j.1. in these 12 petitions under article 32 of the constitution filed by the hereditary archakas and mathadhipatis of some ancient hindu public temples in tamil nadu the validity of the tamil nadu hindu religious and charitable endowments (amendment) act 1970 (hereinafter referred to as the amendment act, 1970) is called in question, principally, on the ground that it violates ..... 35 all 283. in that case the claimants to the temple and its worship were brahmins and the daughter's sons of the founder and his nearest heirs under the hindu law. but their claim was rejected on the ground that the temple was dedicated to the sect following the principles of vallabh acharya in whose temples only the gossains of that ..... may be chosen by a temple on such basis as the temple chooses to adopt. it may be election, selection, competition, nomination or hereditary succession. he, therefore, contended that any law which interferes with the aforesaid basis of appointment would violate religious freedom guaranteed by articles 25 and 26 of the constitution. in his submission the right to select a priest ..... arehaka would be unbridled. the trustee is to function under the control of the state, because under section 87 of the principal act the trustee was bound to obey all lawful orders issued under the provisions of the act by the government, the commissioner, the deputy commissioner or the assistant commissioner. it was submitted that the innocent looking amendment brought the .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-21-1972
Reported in : AIR1973Kant4; AIR1973Mys4; (1972)2MysLJ340
..... which it appeared to have been generally understood and acted upon. he proceeded to observe that it was the duty of the court administering hindu law not so much to enquire whether a disputed declaration was fairly deducible from the earliest authorities as to ascertain whether it had been received by ..... the other coparceners give their assent to the separation or not the jural basis of this doctrine has been expounded by the early writers of hindu law. the relevant portion of the commentary of vijnaneswara states as follows:-- (text omitted) and thus though the mother is having her menstrual courses ..... which would be contrary to what had been stated in maine's treatises.candy, j. who was attracted by the statement in maine's ancient law that in india separate proprietorship 'is always on its way to become common' overlooked what he had said in another part of the same ..... c. j. while construing the text of the mithakshara, relied upon the following extracts from maine's ancient law and maine's early law and custom, in support of his decision:--'the mature roman law, and modern jurisprudence, following in its wake, look upon co-ownership as an exceptional and momentary condition of ..... is always on its way to become common' (extract from maine's ancient law). 'i have frequently observed, 'the unintended disintegration of the indian joint families by the operation of anglo indian law'. (extract from maine's early law and custom).he felt that the family was a cherished institution of the .....Tag this Judgment!