Court : Chennai
Decided on : Apr-26-1978
Reported in : AIR1979Mad200
..... will exist even if he has no properties from which he could derive any income. it is unnecessary for me to state the various texts of ancient hindu law on this subject as they have been elaborately dealt with and discussed in the various decisions which i shall now presently refer to. but it may ..... applicability of s. 39 of the t.p. act in such cases we have to sea what the right of a hindu wife for maintenance against her husband under hindu law is. under hindu law the maintenance of a wife by her husband is of course a matter of personal obligation which attached from the moment of ..... . act is well founded the learned judge has referred to the following passage as regards the nature of the liability of the husband as found in hindu law by golapchandra sarkar sastri:'when the husband is alive, he is personally liable for the wife's maintenance, which is also a legal charge upon his ..... question in a very elaborate manner. the learned judge referred to the passages in manu, vyasa and jimutavahana and apastamba dharma sutras and held that the hindu law texts recognise: that a wife, by reason of her status, acquires an interest in the property of her husband though according to some writers, not ..... even according to the ancient texts the wife was supposed to be a co-owner of her husband's property though in a secondary sense.9. as early as lakshman ramachandra v. satyabhama ilr (1877) 2 bom 494 west, j. considered the hindu law texts pertaining to the rights of a hindu woman in her husband .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-1978
Reported in : AIR1979Mad1; 114ITR523(Mad)
..... commr. of income-tax, 69 itr 235 : (air 1967 assam 48), and the conclusion that has been reached by that court on the principles of the ancient hindu law, with great respect appears to us to be erroneous and may require reconsideration. we do not wish to deal with that matter in this case. the allahabad ..... quoted from the commentary did not deal with the effect of section 8 of the act. what has been illustrated also is the position under the hindu law untrammeled by statutes and it occurs in the commentaries to section 6 of the act which deals with survivorship and the saving by section 6 of that ..... enjoy the property once he received it from his father in succession".proceeding further, the learned chief justice, referred to a passage from mulla's principles of hindu law, 14th edn. edited by s. t. desai. illustration (a) at page 849 of the commentary is then extracted and the learned chief justice agreed with ..... statute itself which said that to the extent to which provisions had been made in the statute, those provisions should override the established provisions in the texts of hindu law. this is what m. h. beg j. as he then was, said in the decision in commr. of income-tax v. ram rakshpal, (1968) ..... section 4(1)(b) as well. from this, it is possible to conclude that the statute has no intention whatever of abrogating the principles of hindu law in toto or in a comprehensive manner and that it intends only to affect those principles to the extent to which provision had been made in the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-19-1978
Reported in : ILR1978Delhi97
..... section 20 of the code or any other provision. indeed, onemay note that the beneficial nature of the legislation which modifiesthe ancient hindu law is yet controlled by certain amount of conservatism which may be read in section 23 of the hindu marriage act. i, find myself unable to hold that in section 19 of the act anywords other than those which have ..... and the 'districtcourt' within the meaning of section 3(b) of the act happen to bethe same does not justify laying down a wrong principle of law. divorce.judicial separation or even restitution of conjugal rights were notknown to hindu law as such. these rights, at least those of divorceand judicial separation have been specially created in case of hindumarriages by the ..... orlast resided together jurisdiction to entertain petitions under the act the conjunctive used does not make the provision unenforceable orunintelligible. (20) it was urged that in a reformatory law like the hindu marriageact the reading of the provisions should have flexibility of approach sothat disputes between husband and wife could be settled. to gain support reliance was placed on r. v ..... within the local limits of whose ordinaryoriginal civil jurisdiction the marriage was solemnisedor the husband and wife reside or last resided together.'section 19 of the hindu marriage act, 1955 has been amendedby the marriage laws (amendment) act 68 of 1976 and the sectionnow reads as under :- '19.court to which petition shall be presented :-every petition under this act .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-14-1978
Reported in : 116ITR577(MP); 1979MPLJ512
..... partition : raghavachariar's hindu law, 6th edn., page 433. since the ancient text did not contemplate partial partition in respect of property and, therefore, did not provide for ..... the exercise of that power......the right of a father to sever the sons inter se is a part of the patria potestas still recognised by the hindu law.' (page 410)19. raymond west's hindu law (3rd. edn., vol. i) :'as regards separation at the desire of one or several coparceners only, the head of a family, whether a father, grandfather, or ..... ' is stated as under :''partition is the adjustment of diverse rights extending over the whole estate, to specific portions of the same.'13. s. s. setlur's translation of hindu law on inheritance :'partition (vibhaga) is the adjustment of the ownership of many persons in the aggregate wealth by assigning particular portions of the aggregate to a several ownership.' (ch. i ..... his sons, which power flows from the ancient text, cannot, therefore, be ordinarily understood as conferring that power to effect also a partial partition in respect of the family properties. even though partial partitions have been taking place for a long time, the law relating to the same is practically judge-made law since the hindu law texts do not contemplate cases of partial .....Tag this Judgment!
Court : Chennai
Decided on : May-17-1978
Reported in : AIR1979Mad124
..... technical and a priori considerations but should be given due recognition in accordance with the intentions of law coupled with the forcible and well-intentioned mandates by our ancient hindu commentators while dealing with a hindu female.14. if the background of such strides made in the matter of the improvement of the ..... in the widow for the first time or the entitlement in her is merely a reiteration of a right which she possessed already under the hindu law. the fact that under the compromise ex. a. 4 she was given a widow's estate does not improve maters because she had that ..... full owner in all cases where she formerly held merely limited ownership............ by this enactment (act of 1956), her rights are enlarged and wherever under the hindu law she would merely obtain limited ownership she would, after the commencement of the act, obtain full ownership."section 14(1) and (2) runs as follows ..... co-owner of the property of her husband though in a subordinate sense.19. after careful consideration and detailed analysis of the case law and the sastraic hindu law, fazal ali j. in the above supreme court decision came to the following conclusions-(a) though the widow's right to maintenance is ..... even our gods are propitiated by that name for example, arthanareeswara. the learned judge quoted colebrooke and the well-known principle that under the hindu-law, the husband has got a personal obligation to maintain his wife and if her is possessed of properties, then his wife is entitled as .....Tag this Judgment!
Court : Delhi
Decided on : Mar-07-1978
Reported in : AIR1978Delhi296; 14(1978)DLT18b; 1978RLR525
..... similarly, mr. justice krishnas warred yeager saw the change which conditions of modem life were making in the field of the hindu law and observed as follows:'at no time did those standards (the ancient standards fixed by the rashes) and the rules in which they found expression attain to universal acceptance in the country, even ..... the merits of the claim of the wife would be contrary to art. 14 and unconstitutional for that reason.(2) it is true that under the hindu law, it is the duty of the husband to maintain his wife, but the wife is not under a corresponding duty to maintain her husband. this ..... and her parents reside, or if he marries another wife, is void. such an agreement is against public policy and contrary to the spirit of the hindu law. an agreement of this kind is no answer to a suit for restitution of conjugal rights by a husband against his wife. (2) the husband is ..... legal propositions advanced by the learned full bench and after stating it give reasons for our inability to agree with it.(1) paragraph 442 of mulla's hindu law, 14th edition, is as follows: '(1) the wife is bound to live wither husband and to submit herself to his authority. an agreement enabling ..... the process by which a custom becomes law is well known. the custom must be ancient, certain and enforceable. the last requirement is expressed by saying that it must be supported by the opinion, necessitates. the indian decisions cited at the foot of paragraph 442 of mulla's hindu law are of the 1898 and 1901. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1978
Reported in : AIR1978SC1051; (1978)3SCC55; 3SCR520; 1978(10)LC312(SC)
..... passages cited as excluding an adopted son. further, neither the dictionary meaning nor the passage in srimad bhagavatham can be accepted as laying down principles of hindu law. we are satisfied that the term 'putra pouthra santhathies' cannot be construed as confined to sons, grandsons and their descendants born out of the ..... indicate son, grandson and descendants. we are unable to infer that the word 'putra' is confined only to children born of the body ramathilakam ammal. hindu law has recognised the institution of adoption and once a boy is adopted validly he for all purposes is recognised as the son. we do not sec ..... of pittapur  i.l.r. 51 mad. 893 observed that so far as the adoption is concerned, it is a religious sacrament according to hindu law-givers, like a marriage. the necessity for the adoption of a son in the case of childless hindus is insisted upon as an act necessary for ..... sapindas. it is not disputed that the consent of the sapindas is necessary in the absence of the husband's authorisation under the school of hindu law to which the parties belong. the assent of the sapindas cannot be equated with the authority of the husband as the role of the sapindas ..... that improper motive of the widow for adopting would invalidate the adoption. to accept such a contention would be to apply modern concepts of law to an ancient sacramental institution of adoption. we do not feel any hesitation in accepting the view propounded by kumaraswami sastri j. in holding that the motive .....Tag this Judgment!
Court : Chennai
Decided on : Aug-03-1978
Reported in : AIR1980Mad82
..... , the position in the present case is different. while i should not take liberties with, or put a gloss of my own on, the law laid down by ancient muslim sources, i cannot, at the same time, ignore the plain dictate of tradition as reported by acknowledged authorities or text writers an islamic jurisprudence ..... necessary attribute of the obligation itself20. mr. jamal mohamed said that for this doctrine of maintenance rights propounded by mr. hadi, there was no support in ancient writing& what they laid down, he said, was the exact opposite. he referred to two texts based on the words of the prophet himself. according ..... chap. ii of the t. p. act. all the same, i cannot help observing that the particular rule of mohamedan law which i have been able to derive from the ancient texts for purposes of this case does not differ far from, but more or less accords with, the principle on which ..... against a transferee from that person, where the transfer was gratuitous. a similar provision, it may be mentioned, is also found in section 28 of the hindu adoptions and maintenance act, 1956. but mr. hadi's point was that sec. 39 of the t. p. act, had no application where the courts ..... minor children irrespective of the possession of any property."although these observations were rendered in the context of a hindu wife's right of maintenance against her husband or of a similar right of a hindu infant against his father, i adopt those observations, with respect, as bearing a general character, deriving .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-07-1978
Reported in : AIR1978SC1025; 1978CriLJ968; (1978)2SCC424; 3SCR608
..... consciousness of rights is poor, a land where legal services at the incipient stages are rare and an investigative personnel whose random resort to third degree technology has ancient roots-these and a host of other realistic factors must come into the court's ken when interpreting and effectuating the constitutional right of the suspect accused to ..... sophisticated force with special skills, drills, techniques and technology and aloof from the fossilising, sometimes marginally feudal, assignments-like v.i.p. duty, sentry duty, traffic duly, law and order functions, border security operations. they must develop an ethos and ethic and professionalism and probity which can effectively meet the challenge of criminal cunning, the menace of ..... manuals and texts which document procedures employed with success in the past, and which recommend various other effective tactics. these texts (384 us 449) are used by law enforcement agencies themselves as guides. it should be noted that these texts professedly present the most enlightened and effective means presently used to obtain statements through custodial interrogation. ..... to legal journals, is that 'respect for (constitutional) principles is eroded when they leap their proper bounds to interfere with the legitimate interests of society in enforcement of its laws....' (78 couch v. united states, 409 u.s. 322 our constitutional perspective has, therefore, to be relative and cannot afford to be absolutist, especially when torture technology, .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1978
Reported in : 15(1979)DLT8
..... . (2) the learned counsel for the petitioner assailed the impugned order, firstly, on the ground that the code of civil procedure docs not apply to the proceedings either under the hindu minority and guardianship act, 1956, or under the guardians and wards act, 1890. she invited my attention to section 4 of the code and contended that since the special ..... must be instituted and prosecuted by a next friend. no doubt, everyone having a cause has a right to bring an action but no such right is indefeasible. if the law provides that a right to sue or institute any proceeding can be exercised only in a prescribed manner, then it done otherwise, the suit or the proceeding, though not the ..... m.l. jain, j.(1) the parties have a son babloo, who was born on april 26, 1974, and is in the custody of his mother, respondent mrs. shanta. the law is that the father is the natural guardian of his legitimate minor son and the mother ordinarily has the custody of a child who has not completed the age of ..... law, namely, the guardians and wards act provides its own procedure, the learned lower court committed an illegality in making civil procedure code applicable to these proceedings. this contention has to be rejected .....Tag this Judgment!