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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 2000 Page 1 of about 384 results (0.063 seconds)

Aug 22 2000 (SC)

Pyare Lal and ors. Vs. Mani Ram and ors.

Court : Supreme Court of India

Decided on : Aug-22-2000

Reported in : AIR2000SC2802; JT2000(9)SC350; 2000MPLJ514(SC); 2000(6)SCALE81; (2000)7SCC175; [2000]Supp2SCR618

..... ). prior to amendment, clause (7) was clause (6). the high court has held that the amendment incorporating daughter of the deceased has a historical background inasmuch as the ancient hindu law did not recognise the sister and sister's son as heirs but hindu law of inheritance (amendment) act, 1929 which came into force on 21st february, 1929 made a far reaching departure from the ..... ancient rule by its section 2 providing that a son's daughter, daughter's daughter, sister and sister's son shall in the order so specified, be entitled to rank ..... . the amendment as aforestated that was incorporated in 1943 in section 253 by adding thereto in the order of succession daughter of deceased, may have been inspired by amendment of hindu law made in 1929. at the same time, however, it has to be kept in view, that no amendment was made incorporating in section 253 of the special legislation, the sister ..... or sister's son of the deceased. the amendment made in hindu law cannot be read into special legislation. section 253 of special legislation is a part of revenue law of the erstwhile state of gwalior. it en acts the list of heirs, who succeed an ex-proprietary or an occupancy tenant .....

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Sep 29 2000 (HC)

Smt. Satya Gupta and Others Vs. Om Prakash (Decd.) Through L.Rs. and O ...

Court : Allahabad

Decided on : Sep-29-2000

Reported in : 2001(1)AWC442

..... dhapu devi : air1966cal13 , while quoting certain observations from the texts of mulla's principles of hindu law observed that : 'a custom must be ancient, certain and reasonable, and being in derogation of the general rules of law, must be construed strictly. it is further essential that it should be established that to be ..... 2, the validity of the adoption is challenged on the ground that after performance of upnayan ceremony adoption of boy governed by benaras school of hindu law, was invalid. there does not appear to be any dispute with regard to the legal position. 37. the earlier decision in this regard is ..... that before adoption is held to be valid, when a dispute arises, it must be proved that the person adopted could be lawfully taken in adoption. hindu law provided that the boy to be adopted must not be son whose mother the adoptive father could not have legally married. this rule ..... the circumstances of the case. however, the ceremony of giving and taking should necessarily be there.'these observations of mulla in his aforesaid book on hindu law were quoted with approval by the hon'ble supreme court in laxman singh kothari v. smt. roop kunwar : [1962]1scr477 . it was held ..... act of giving and receiving with intent to transfer the boy from one family to another ..... (b) ..... (c) ..... para 489 of mulla's principles of hindu law, (vol. i, 17th edition) provides that : 'physical act of giving and receiving is absolutely necessary to validity of an adoption. this is not only in .....

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Jul 21 2000 (HC)

Resham Bai Vs. Shakuntalabai

Court : Madhya Pradesh

Decided on : Jul-21-2000

Reported in : II(2000)DMC724

..... finding of learned trial judge on this issue and affirm this finding.10. it has been the case of parties that they are not governed by hindu law - they not being the hindus but belong to a tribe class. the parties then viewed on the custom prevalent in their cast. the requirement to prove ..... custom in customary law is well settled. it is ruled as is clear from mulla in his classic commentry on hindu law (16th edition page 77) where, the learned author has set out the essentials of valid custom.17. essentials ..... gopibai is the mother of late was then held that since parties are not hindu but belong to be tribal cast (bhilala), they would not be governed by the provisions of hindu succession act nor the principle of hindu law. it was further held that in view of customary practice deposed by the parties, only ..... be held to be proved(s). a customs derives its force from the fact that is/ has, from long usage, obtained the force of law. it must be ancient but it is not of the essence of this rule that its antiquity must in every case be carried back to a period beyond the memory ..... of a valid customa custom is a rule which in a particular family or a particular class or community or in a particular district, has from long usage obtain the force of law. it must be ancient, .....

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Aug 09 2000 (HC)

L.S. Mariappan, 205 Dindigul Road, Madurai-1 Vs. Kuppamuthu and 6 Othe ...

Court : Chennai

Decided on : Aug-09-2000

Reported in : 2000(3)CTC405

..... right, and to show that though in some respects anomalous, it was an anomaly to be accepted as having been admitted into hindu law from an early date. 'according to hindu law', observed lord hobhouse in gossamee sree greedharreejee v. rumanlolljee gossamee, 16 i.a. 137:'when the worship of a thakoor has ..... on a conspicuous reading of the whole material placed before us and the reading of the various pronouncements, and the principles set out under the hindu law, exercises of such right by any one member within the branch would be unquestionable.21. we shall now refer to the judgment of privy ..... a sabaiti right is that there is an element of property also in the concept of 'shebaiti right' unless there is an absolute bar under hindu law or an express prescription in the deed of religious endowment providing for any limitation of the power of 'shebait' to transfer his 'shebaiti right' ..... that the will way an invalid one. in support of his submission, the learned counsel relied upon sub para 4 in para 419 of mulla's hindu law. the teamed counsel also referred to : air1963cal85 in support of his contention that 'shebaitiship' is a property not mere office and therefore ,'shebaitiship' ..... shebaiti 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 lias been followed to the contrary.(b) where there perpetual or hereditary line of succession of shebaitiship prescribed by the .....

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Sep 28 2000 (HC)

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Decided on : Sep-28-2000

Reported in : 2000(4)AWC3270

..... to the concerned parties. according to learned counsel. succession in the family of e.e. datt would be governed by the custom prevailing in the family, namely, the principles of hindu law on adoption whereunder, an adopted son inherits the property of his adoptive father. in support of his submission, learned counsel has placed reliance on anthonyswamy v. m.r. china swamy ..... society whenthe family constituted the unit of the community, and was an important factor in developing society into the broader community called the state. mr. maine, in his work on ancient law, says, we must look on the family as constantly enlarged by the absorption of strangers within its circle, and we must try to regard the fiction of adoption as so ..... the said country. in 2 corpus juris secundum in the chapter dealing with adoption of persons, the law on the subject has been stated as under :para 3. 'adoption, although a very ancient practice, was not known at common law and exists in this country only by virtue of statutory enactment. it is a statutory status rather than a contractual relation'. para 4 ..... v. paushimoni, 12 ilr 36 : (1948) 54 own 2 dr 14, it was held that if custom is 'shown to be of ancient establishment' and its other requisites are also established, it will in itself be treated as being of the force of law and 'then it would follow on the plain english of the section that the words that 'any other .....

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Jun 20 2000 (HC)

Bolabhai Hirabhai Vs. State of Gujarat

Court : Gujarat

Decided on : Jun-20-2000

Reported in : (2000)3GLR242

..... that factors like, intelligence, emotion, perception, orientation, judgment, capacity, understanding capacity to know, should be assessed in their absolute terms. the main anxiety of the court of law should be to understand as to whether the person, who has committed the act, would have committed the same act in same condition with average intelligence, rationale, emotion having ..... mr. peel. it was established that mac naughten suffered from paronoid delusions and was given acquittal on the ground of insanity. prior to that in england, english law accepted the theory of partial insanity under the concept of monomania, which means that a person may suffer from one delusion alone and may be normal in all other ..... collaboration between legal discipline which is, as such, deductive, doctrinal, authoritative, practical and psychiatry discipline, which is inductive, empirical, heuristic and theoretical has become imperative.34. both law and psychiatry focussed on human tendency, human culture, human behaviour and are concerned with consolidating and integrating societal norms and to understand, predict and control individual action, attitude, values ..... psychiatrist, under whose medical management, the accused received treatment.29. it is in this context, it would be appropriate, at this juncture to refer to the relevant case law relied on in course of the submissions made before us. prosecution witness no.1, rashma, brother of the accused, and prosecution witness no.2, vana, son of the .....

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Mar 15 2000 (HC)

Vandrasi Ramakrishna Vs. Nagoti Saroja

Court : Andhra Pradesh

Decided on : Mar-15-2000

Reported in : 2000(2)ALD737; 2000(2)ALT434

..... a few relevant decisions which are applicable to the case on debi prasad v. tribeni devi, : [1971]1scr101 , it is held that under hindu law the giving and receiving of a boy are absolutely necessary to the validity of an adoption; they are the operative part of the ceremony, being that part of ..... it which transfers the boy from one family to another; but the hindu law does not require that there shall be any particular form sofar as giving and acceptance are concerned; for a valid adoption all that the ..... it is further held thatlong recognition as an adopted son raises a strong presumption in favour of the validity of the adoption. in the case of an ancient adoption evidence showing that the boy was treated by relations, including the person who later on challenges the same, fora long time as (he adopted son ..... evidence on record on its own merit. in this view of the matter i do not think it necessary to go into the other questions of law touching the cause of action for the suit and its maintainability.13. for the foregoing reasons, i do not find any merit in this second appeal ..... the defendants have satisfactorily explained under what circumstances these documents came into existence. i do not, therefore, find any legal infirmity or substantial error of law in the concurrent findings recorded by both the courts below warranting interference under section 100 cpc. i do not also find any substance in the criticism levelled .....

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Apr 28 2000 (HC)

Manthena Krishnam Raju (Died) and Others Vs. Dadal Ramanaiah Alias Raf ...

Court : Andhra Pradesh

Decided on : Apr-28-2000

Reported in : 2000(3)ALD710; 2000(3)ALT781

..... those circumstances, the division bench of this court held that it couldn't be said that the trial court has not followed any procedure. but this court also approved the law laid down by a division bench of madras high court in rangaswami reddi v. gopalaswami reddiar, 1978 (2) mlj 564. when without an enquiry what-so-ever, if the petition ..... himself might not have liked. on the other hand, if the person happens to be of unsound mind to deprive him of the opportunity of enforcing his remedies available under law by the interposition of a next friend will cause serious prejudice to his interest and may even deny him and deprive him of the means of livelihood or his source ..... was no more. therefore, it is again for the court to make an enquiry or permit the next friend to institute the suit on the relevant date. though various case laws were cited, the nearest on the point is somanath v. tipanna, : air1973bom276 . with regard to the permission and the procedure the court has to follow when a suit is presented ..... filed by the plaintiffs is dismissed. however, any observation made herein will not deprive the plaintiffs, legal representatives of the deceased plaintiff, to file a fresh suit in accordance with law.12. accordingly, the revision petition is allowed. no costs. .....

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Apr 26 2000 (HC)

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Decided on : Apr-26-2000

Reported in : 2000(2)WLN635

..... court, the senior member shall be the presiding officer. section 83 provides that general security force court or the petty security force court is to be attended by the law officer. a law officer is attached to the force court. he is supposed to maintain an attitude of impartiality. prosecution and defence both are entitled to his opinion. section 84 provides ..... concerned, perfection has been attempted by developing, devotion and dedication so as to rule out the possibility of an intention other than the intention to accomplish what is permitted by law. perfection in the matter of acquisition of information necessary for taking a right action has been attempted by observations, experiments, discoveries, research and use of most reliable and valid ..... established and for good reasons that mens rea is necessary ingredient of an offence, though, in a limited number of cases, and, in cases of minor offences, the common law rule may admit exceptions, if established either expressly or by necessary implication.28. ascertainment of general principle, is not the end of the exercise necessary for answering the question whether ..... to victimise innocent persons but to regulate the conduct of the citizens by imposition of duties, either expressly or by necessary implication. the penalty which is provided by the penal laws, at the lower plane, regulates the conduct by conditioning. when the offender committing offence is punished, he learn to avoid commission of such offences. at the higher plane of .....

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Feb 24 2000 (HC)

Ramgopal Bhadoriya and ors. Vs. Secretary, Board of Secondary Educatio ...

Court : Madhya Pradesh

Decided on : Feb-24-2000

Reported in : AIR2001MP170

..... to violation of law. a student should not forget that his primary duty is to study and appear in an examination in the most fair and scrupulous manner. threatening the invigilators or ..... duties of a student cannot claim the rights and cannot claim the privileges of a new generation. every student must remember that he has to follow the rule of law. he must recall that greek philosopher socrates re-fused to run away from the jail in spite of request by his desctples as he felt that it would amount ..... with a view to ascertaining whether they had received assistance or not. to do this would encourage indiscipline if not also perjury.'17. from the aforesaid enunciation of law it clearly flows that in a case of adoption of unfair means of mass copying the question of holding detailed enquiry in respect of each individual is ostracised as ..... in absence of the same there is violation of principles of natural justice which creates an incurable dent in the order, making the same vitiated in the eye of law,15. the first limb of argument does not detain me for long for the simple reason in w.p. no. 4820/99 the board has received a complaint ..... orderdipak misra, j.1. the factual matrix and the question of law involved being similar this batch of writ petitions was heard analogously and is disposed of by this common order. ordinarily the facts of one of the case .....

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