Court : Mumbai
Decided on : Oct-14-2004
Reported in : 2005(2)ALLMR218; 2005(2)BomCR185; II(2005)DMC17
..... of passing a decree or subsequent thereto.17. it also cannot be lost sight of that hindu marriage act is a special legislation codifying the ancient hindu law. the object of codification of the particular branch of law is that on any matter specifically dealt with by it, the law should be sought for in the codifying enactment itself. thus, apart from other enactment, such ..... as hindu adoption and maintenance act, 1956, where section 18 also gives a right to a hindu wife to claim maintenance, ..... the court at kalyan which had jurisdiction to take cognizance of application under section 25. he contends that the learned court below has not followed the law correctly. he contends that section 19 of hindu marriage act is considered by this court and the court has found that section 25 is worded differently and jurisdiction to entertain application under section 25 ..... by liberality of interpretation interchangeability cannot be permitted so as to destroy the distinction on the subject of maintenance.'9. thus, from the law as emerging, it is apparent that once the marriage is dissolved, section 18 of hindu adoptions and maintenance act has no application and the respondent/wife has to move an application only under section 25 of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-20-2004
Reported in : 2004(4)ALT98
..... her within the meaning of this section.' 14. it is no doubt true that wills or codicils initially were unknown to ancient hindu law and the first legislation dealing with execution and the interpretation thereof was the indian succession act 1865 which was not applicable to hindus and in 1870 ..... her sister andalamma and that an undivided share cannot be bequeathed by a will especially in the light of the provisions of section 30 of the hindu succession act, 1956, r/w. sections 59 and 63 of the indian succession act, 1925.3. the learned counsel for the appellant/plaintiff had ..... to hindus.explanation: the interest of a male hindu in a mitakshara coparcenary property or the interest or a member of a tarwad, tavazhi, illom, kutumba or ..... testamentary succession reads as hereunder : 'any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law for the time being in force and applicable ..... kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavuru shall, notwithstanding anything contained in this court or in any other law for the time being in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-22-2004
Reported in : AIR2004AP467; 2004(4)ALD638
..... what acts conduce to religious merit and justify a perpetual dedication of property therefore is fairly definite. as stated by the learned author prananath saraswathi on the hindu law of endowments at page 18-'from very ancient times the sacred writings of the hindus divided works productive of religious merit into two divisions named 'ishta' and 'purtta', a classification which has come down ..... is that a trust of the kind can claim exemption from the rule against perpetuity only if it is for a religious and charitable purpose recognized as such by hindu law and that hindu law does not recognize dedication for a tomb as a religious or charitable purpose. it is, however, strenuously argued by the learned counsel for the appellants that the perpetual dedication ..... in - 'parthasarathy pillai v. thiruvengada pillai', 30 mad 340 at p.342 (g). these lists are no doubt not exhaustive but they indicate that what conduces to religious merit in hindu law is primarily a matter of shastraic injunction. to the extent, therefore, that any purpose is claimed to be a valid one for perpetual dedication on the ground of religious merit ..... this has been recognized by courts from very early times. vide ---'fatma bibi v. advocate-general of bombay', 6 bom 42 (d). it cannot also be disputed that under the hindu law religious or charitable purposes are not confined to purposes which are productive of actual or assumed public benefit. the acquisition of religious merit is also an important criterion. this is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-25-2004
Reported in : 2004(4)ALD745; 2004(5)ALT255
..... as hereunder :'it now remains to be seen whether the sale deed is valid and binding on the plaintiff. it is the settled position that under hindu law the father has special powers of alienating coparcenary property which no other coparcener has. in the exercise of the said power, he may sell or ..... a very good price would not be beneficial if the purchase money was to be invested in an insolvent business. a manager of a minor under hindu law is not entitled to sell merely for the purpose of enhancing the value of the property of the minor, or for increasing the minor's income ..... 321 (pc); but since 1879 when this proposition was thus enunciated it has apparently been accepted by all the courts in india as the correct statement of hindu law on the point.reliance also was placed on the decision referred in jamunabai v. sharadabai, (supra). in the decision referred in hemraj v. nathu (supra), ..... of power of alienation. since this question is not raised as a serious question of controversy, this court need not dwell any further on this question. in hindu law by s.v. gupte, volume 1, article 9, it was stated :(1) there is no presumption that a joint family possesses joint or any properly.( ..... is lost in antiquity. the evolution of datta adoption can be traced even from the texts of manu and vasista. the ancient law of adoption had been crystallized in the provisions of the hindu adoptions and maintenance act, 1956 and the effects of adoption in section 12 of the said act. the object of adoption .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-25-2004
Reported in : AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120
..... i.a. 91 which read:-'in view of the arguments addressed to them, their lordships desire to emphasize that the rule of res judicata while founded on ancient precedent, is dictated by a wisdom which is for all time. 'it hath been well said' declared lord coke, 'interest republican ut sit finis lithium ..... in not considering the effect of sections 14, 16, 42, 80(1)(a) and (b) and section 87 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short 'the act'); the division bench ought to have examined the legality of the alleged compromise in the ..... an english source, it embodies a doctrine in no way opposed to the spirit of the law as expounded by the hindu commentators. vijnaneswara and nilakantha include the plea of a former judgment among those allowed by law, each citing for this purpose the text of katyayana, who describes the plea thus: 'if ..... not authorized to make the consent statement to accept the compromise. however, it was contended before us that a concession made on the question of law by the learned counsel does not bind the parties. learned single judge disposed of the writ petition on the representation of learned counsel for the ..... government took over the management and appointed a committee is no ground to deny the rights of the subsequent successor, which flow by ordinary operation of law.'the original defendant nos. 1 and 2 in the suit, i.e., government of andhra pradesh and the commissioner, endowments although did not file .....Tag this Judgment!
Court : Orissa
Decided on : Mar-03-2004
Reported in : 2004(I)OLR609
..... that the trial court was correct in not accepting the evidence of p.w. no. 1 as the proof of madness of the appellant. keeping in view the provision of law from the evidence act, as noted above, this court also finds that the opinion evidence of p.w. no. 1 which is based on no experience or science, is of .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-06-2004
Reported in : 2004CriLJ2458; RLW2004(2)Raj1113; 2005WLC(Raj)UC349
..... of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing that is either wrong or contrary to law.' in dealing insanity following principles have to be borne in mind:-(a) unsoundness of mind as contemplated by section 84 ipc is legal insanity which requires that cognitive faculties of ..... accused must establish any one of the three elements necessary under the section. incapability of knowing (1) the nature of the act, or (2) that the act was contrary to law or (3) that it was wrong.7. it is not always realised that there is distinction having a widely differing effect, between incapacity at the time of doing the act ..... the nature of his criminal act. the legal conception of insanity differs considerably from the medical conception. it is not every from in insanity or madness that in recognised by law as a sufficient excuse. all minor aberrations of mind which are recognised by the medical science as amounting to madness are excluded in the eye of ..... law. even eccentricity or unsound-ness of mind of a very minor type is not sufficient. it is not every kind of idle and frantic humour of a man or or .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-08-2004
Reported in : 2004CriLJ1958; RLW2004(2)Raj1160; 2004(2)WLC380
..... of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing that is either wrong or contrary to law.' in dealing insanity following principles have to be borne in mind:-(a) unsoundness of mind as contemplated by section 84 ipc is legal insanity which requires that cognitive faculties of .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-26-2004
Reported in : (2005)2GLR1604
..... established from the facts and circumstances of the case that the appellant was not capable of knowing the nature of the act and what was wrong and against law. in our considered opinion, the learned trial judge has not examined the matter from this angle and, therefore, has committed an error in convicting the ..... by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. the crucial point of time for ascertaining the state of mind of the accused is the time when the offence was committed. whether the accused was in ..... offence, was in proper mental condition and he had deliberately caused her death. not only that, he also knew what he had done was wrong and against law and, therefore, with a view to avoid his arrest, he absconded to indore and other places.20. by highlighting the aforesaid circumstances, learned app submitted that ..... for suffocating the deceased etc. according to the learned app, everything was normal prior to the incident as the appellant had gone to see his mother-in-law from ahmedabad to godhra on 10th and returned on 11th an again on 15th, he had gone to godhra on 16th, he took the deceased jigisha to ..... of the act or that he is, mentally, incapacitated to perceive or conceive what he was doing was either wrong or contrary to the provisions of law is exempted from being punished by virtue of inhibition projected in section 84 of the ipc.7. section 84 of the ipc is one of the general .....Tag this Judgment!
Court : House of Lords
Decided on : Oct-14-2004
..... to interpret the provisions conventionally. even if minded to do so, they could not have struck down or amended the provisions as repugnant to any statutory or common law rule. domestic law would have required effect to be given to them according to their accepted meaning. thus the crucial question is whether the european convention and the strasbourg jurisprudence interpreting ..... belong to such a murderous terrorist organisation. criminalising membership serves a legitimate purpose by making it difficult for members of the organisation to demonstrate publicly in a manner that affronts law-abiding members of the public. moreover, not only do people by their mere membership give credence to the claims of the organisation but, in addition, members are a ..... of the organisation at any time while it was proscribed." in considering the arguments advanced by counsel, it is worth remembering that these provisions represent no innovation in the law. being a member of, or professing to belong to, a proscribed organisation was first made an offence under primary legislation in section 19 of the northern ireland (emergency provisions ..... the interests of national security, public safety and the prevention of disorder or crime. section 11(1) is directed to those ends. secondly, the interference must be prescribed by law. that requirement is met, despite my present doubt as to the meaning of "profess". thirdly, it must be necessary in a democratic society and proportionate. the necessity of attacking .....Tag this Judgment!