Court : Kerala
Decided on : Nov-18-2005
Reported in : 2005(4)KLT1003
..... child in embryo is treated as in esse for various purposes when it is for his benefit to be so treated. this view is not peculiar to the ancient hindu law but one which is adopted by all mature systems of jurisprudence. this section recognises that rule of beneficent indulgence and the child in utero although subsequently born is ..... adoption may be made there is no hiatus in the continuity of the line. in fact, as west and bubler point out in their learned treatise on hindu law, the hindu lawyers do not regard the male line to be extinct until the death of the widow renders the continuation of the line by adoption impossible.' it is on ..... in firm huni lal-rali ram v. altaf-ul-rahman, air 1939 lah.290 was different, wherein it was held that although under certain system of law, such as hindu law, a child en ventre sa mere is by a legal fiction and for certain purposes considered to be born in the sense that he has a right of ..... intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.'mulla on hindu law, fifteenth edition, contains a commentary by the author while dealing with section 20. the commentary reads thus:'it is by fiction or indulgence of the ..... any one beat her, whereby the child death in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter.' then the learned author goes on: 'an infant in ventre sa mere, or in the mother's womb, is supposed in .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-15-2005
Reported in : 2006(3)ShimLC206
..... pleaded a custom of dissolution which is altogether derogatory to general hindu law the burden was on her to prove the existence and the incidents of the alleged custom which must measure up to the essentials of a valid custom and be ancient, certain and reasonable. custom cannot be extended by analogy nor ..... mr. bhupender gupta, learned senior counsel are that the custom has not been pleaded or proved as required under law. he submits that a party must plead and prove that the custom is ancient, continuous and its origins are lost in the mist of antiquity. he further submits that the custom, if any ..... ext. rw-3/2.10. the husband in rebuttal appeared as his own witness. he in his examination-in-chief admits that his father-in-law had told him that kavita had obtained divorce from her previous husband. according to him customary divorce by mutual consent is not recognized amongst rajputs. ..... relationship to show that such a custom existed. he further submits that even the so called deed is no divorce deed in the eyes of law and in fact there is no recital in the said deed also that the deed has been drawn according to some custom.6. on the ..... one custom deduced from another.12. he also relied upon the judgment of the apex court in yamanaji h. jadhav v. nirmala : air2002sc971 , wherein the apex court held that custom permitting divorce against the provisions of hindu marriage act being an exception to the general law .....Tag this Judgment!
Court : Kerala
Decided on : Feb-16-2005
Reported in : AIR2005Ker196; 2005(2)KLT960
..... by spiritual rather than temporal considerations and the devolution of property is only of secondary importance.' (see p.487 of 14th edn. of mayne's hindu law & usage)15. the main effect of adoption is to transplant the child adopted from the family of his birth to the adoptive family. from ..... having regard to the well established doctrine as to the religious efficacy of sonship.'the hon'ble supreme court also had occasion to advert to the old hindu law of adoptions. in the decision reported in chandrasekhara (vts) v. kulandaivelu, air 1963 sc 18, it was observed as follows:'it may be, ..... (supra) had not been there. the old law of adoption among hindus was developed by ancient commentaries by 'dattaka mimamsa' and 'dattaka chandrika'. it was peculiar only to hindus and not recognised by other religions like muslims and christians. the object of the old hindu law of adoption was based more on secular reasons ..... boy or a girl in adoption will not be sufficient even under the principles of hindu law. see madhusudan das v. narayanibai, (1983) 1 scc 35 and also paragraph 193 at pages 442 and 443 of mayne's hindu law & usage 14th edn. in the case on hand except relying on the evidence ..... bombay high court). adoption has not so far been statutorily recognised in india among the christian and muslim communities. the only law on adoption enacted by the indian parliament is the hindu adoptions and maintenance act, 1956. paragraph 7 of the decision of the supreme court in lakshmi kant pandey v. union .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-2005
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... field in the state of karnataka. therefore, the impugned act is a step forward in the present situation in the state of karnataka in the field of hindu religious and charitable endowments.33. this ancient country is inhabited by people practicing diverse religions castes, sub-castes, speaking diverse languages with diverse scripts and having diverse cultural and sub-cultural heritage. each ..... review cannot go into the question of wisdom behind a legislative measure. as ruled by the apex court it is incorrect to think that all laws have to be made uniformly applicable to all types of hindu religious and charitable institutions in the state of karnataka. by exclusion of certain institutions under the impugned act, no disadvantage is caused to the ..... to be made uniformly applicable to all people in one go. the mischief or defect which is most acute can be remedied by process of law at stages.39. the hindu temples which were governed under the earlier statutes are now brought under a comprehensive enactment under the impugned act. the legislature in their wisdom excluded mutts and temples attached ..... to statutory control. these secular activities are subject to state regulation but the religion and religious practices which are integral part of religion are protected. it is well-settled law that administration, management and governance of the religious institution or endowment are secular activities and the state could regulate them by appropriate legislation'.36. there were as many as .....Tag this Judgment!
Court : Kerala
Decided on : Jul-07-2005
Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1
..... it would be rank injustice to the father to be shouldered with the paternity of a particular child.47. all that apart, the history of hindu law as noticed above, would show that the uncodified hindu law had its diversities and complex situations where polygamy was practised, though only a second marriage was recognised, that too, under certain conditions, and illegitimate ..... speak swallowed, digested, and assimilated something from all creeds. the apex court, in cwt v. r. sridharan, : 104itr436(sc) , quoted mulla on principles of hindu law, to notice that the word 'hindu' does not denote any particular religion or community. during the last hundred years and more it has been a nomenclature used to refer comprehensively to various categories of ..... act, section 4 thereof prescribes that the act would have an overriding effect on any text, rule or interpretation of hindu law or custom or usage that was part of hindu law immediately before the commencement of the act. all laws in force immediately before the commencement of the act, in so far as they are inconsistent with the provisions of the ..... singhi, : 83itr720(sc) , whatever be the position before the amendment and codification of major branches of hindu law by the four statutes i.e. the hindu. marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, the undisputed position is that even if the religions are different, what is common .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-2005
Reported in : AIR2005SC2587; 2005(5)ALLMR(SC)762; 2005(4)ALT28(SC); 2005(2)AWC1905(SC); 2005(2)BLJR1290; 100(2005)CLT766(SC); JT2005(5)SC234; (2005)4MLJ63(SC); (2005)141PLR334; RLW2005(3
..... the privy council judgment (supra). the objects and reasons for enacting section 25 read as under :' a murderer, even if not disqualified under hindu law from succeeding to the estate of the person whom he has murdered, is so disqualified upon principles of justice, equity and good conscience. the ..... )14mlj297 , their lordships reject, as did the high court here, any such distinction. the theory of legal and equitable estates is no part of hindu law, and should not be introduced into discussion. the second question to be decided is whether the title can be claimed through the murderer. if this ..... with his adoptive father as regards the ancestral properties of the letter.'20. the concept of coparcener as given in the mitakshara school of hindu law as already mentioned above, is that of a joint family property wherein all the members of the coparceners share equally. in this connection ..... what he already owns in the aggregate. surviving coparceners are not therefore, the legal representatives of a deceased coparcener'.17. in n.r. raghavachariar's hindu law principles and precedents ' 8th edition (1987) at page 230 under the heading 'rights of coparceners' it is said thus:-'the following are the rights ..... survivorship that in which they had during the deceased's lifetime a common interest and a common possession.'15. likewise, s.v. gupta, author of hindu law, vol. 1, third edition (1981) at page 162, the learned author deals with the rights of a coparcener. he says thus:-'until partition, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-2005
Reported in : AIR2005SC3172; 2005(5)ALD123(SC); 2005(5)ALLMR(SC)973; 2005(3)AWC2796(SC); 2005(6)BomCR769; [2005(4)JCR60(SC)]; JT2005(7)SC185; (2006)2MLJ186(SC); (2005)6SCC690; 2005(2)LC1
..... society.29. there is a very serious debate and difference of opinion between religious philosophers and historians as to whether jains are of hindu stock and whether their religion is more ancient than the vedic religion of hindus. spiritual philosophy of hindus and jains in many respect is different but the quintessence of the spiritual ..... faiths, modes of worship and religious philosophies. in various codified customary laws like hindu marriage act, hindu succession act, hindu adoption and maintenance act and other laws of pre and post-constitution period, definition of 'hindu' included all sects, sub-sects of hindu religions including sikhs and jains.28. the word 'hindu' conveys the image of diverse groups of communities living in india. ..... the progress of the development of minorities, monitor the working of the safeguards provided in the constitution for the protection of the interests of minorities and in laws enacted by the central government or state governments, besides looking into the specific complaints regarding deprivation of rights and safeguards of the minorities. it shall also cause ..... institutional arrangement for evaluating the safeguards provided in the constitution for protection of the minorities and to make recommendations for ensuring implementation of the safeguards and the laws.the minorities commission with statutory status would infuse confidence among the minorities about the working and the effectiveness of the commission. it would also carry more weight .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-24-2005
Reported in : AIR2005Raj193; RLW2005(3)Raj1517; 2005(2)WLC137
..... proved the case that he cannot be expected to live with defendant which the mandatory requirement of sub-clause (iii) of section 13 of the hindu marriage act, 1955. the judgment may also not be interpreted to mean that an under-development of mind or development of depression before or after ..... about more than six years. therefore, the divorce petition remained for consideration for grant of decree for divorce under section 13(1)(iii) of the hindu marriage act, 1955.7. issues were framed and plaintiff himself appeared in the witness-box and gave his statement and he was cross-examined by ..... the plaintiff for marriage. the plaintiff sought declaration that marriage of the plaintiff and defendant may be declared null and void under section 12 of the hindu marriage act, 1955. however, the decree was not granted on the said ground because of the fact that the petition for declaration under section 12 ..... .4. on these pleadings, the plaintiff-respondent sought decree for divorce under sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act.5. the defendant submitted written statement and denied all the allegations leveled by the plaintiff. in addition to denial of the allegations, the defendant ..... be expected to live with the appellant.17. it will be just and proper to first examine the law on the point. sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act,1955 read as under:-'13(1) any marriage solemnized, whether before or after the commencement of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-05-2005
Reported in : 2005CriLJ3937
..... survives on social values and commitment by social beings to conform to such values. this strengthens the social bonds which at times are stronger than the laws of the land. the accused has, however, belligerantly defied the social order. any leniency shown towards the accused, therefore, is likely to send wrong ..... should be the most appropriate sentence to be imposed upon the accused in the case in hand, we have made brief reference to the case law where in somewhat similar or near to similar facts, the aggravating circumstances visa-vis the mitigating circumstances were weighed and depending upon the outcome, the ..... while upholding the award of death sentence, the apex court held that the accused was guilty of committing gruesome murder of his own sister-in-law along with an innocent child and deserves no sympathy from the society, he was found to be a person of incorrigible character, a man of ..... .35. in jai kumar v. state of m. p., : 1999crilj2569 the accused was found guilty of committing attempt to rape of his sister-in-law (brother's wife) and having faced strong resistance from the victim, he murdered her in a most, gruesome and diabolic manner by severing her neck from ..... serious crimes with equal severity is now unknown in civilized societies, but: such a radical departure from the principle of proportionality has disappeared from the law only in recent times. even now a single grave infraction is thought to call for uniformly drastic measures. any thing less than a penalty of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-29-2005
..... the oneidas could maintain a federal common-law claim for damages for ancient wrongdoing in which both national and state governments were complicit. today, we decline to project redress for the tribe into the present and future, thereby disrupting ..... oin resists the payment of property taxes to sherrill on the ground that oin s acquisition of fee title to discrete parcels of historic reservation land revived the oneidas ancient sovereignty piecemeal over each parcel. consequently, the tribe maintains, regulatory authority over oin s newly purchased properties no longer resides in sherrill. our 1985 decision recognized that ..... , oin resists the payment of the property taxes on the ground that oin s acquisition of fee title to discrete parcels of historic reservation land revived the oneidas ancient sovereignty piecemeal over each parcel, so that regulatory authority over the newly purchased properties no longer resides in sherrill. held: given the longstanding, distinctly non-indian character ..... 200 years, and the oneidas long delay in seeking judicial relief against parties other than the united states, standards of federal indian law and federal equity practice preclude the tribe from unilaterally reviving its ancient sovereignty, in whole or in part, over the parcels at issue. the oneidas long ago relinquished governmental reins and cannot regain them .....Tag this Judgment!