Court : Karnataka
Decided on : Aug-31-2007
Reported in : 2008(1)KarLJ438
..... from the death of the intestate.in this context we have to observe that hindu law recognises the right of child in the womb in a mitakshara family. in mayne's hindu law 14th edition the learned author observes, that the ancient hindu law makers expressed different views on this question. according to vishnu and yagnavalkya the ..... to corpses. a living person though not born but only existed in the womb at the time the succession opened is treated by fiction under hindu law for the purpose of succession as if in existence at the time the succession opened, but a dead body cannot have a legal existence.in ..... therefore, the right to take the joint family property by survivorship.in ammireddi sooramma v. ammireddi venkataratnam : air1952mad166 it is held therein, that under hindu law a posthumous son will be entitled to succeed to the father or to claim a share in the joint family property. but the principle cannot be ..... properly valued and the court fee paid is sufficient. it is farther held on additional issue that the suit of the plaintiff is maintainable under hindu law. aggrieved by this finding of the trial court on issue no. 6 and additional issue, the first defendant at the first instance had filed two ..... suit is under valued as court fee paid on plaint is insufficient?vii. what order or decree?additional issuei. whether the suit is barred under hindu law?7. the trial court vide order dated 19.07.2004 held issue no. 6 and additional issue in the negative holding that the suit is .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-10-2007
Reported in : 2008(5)ALLMR776; 2008(2)BomCR159; (2008)110BOMLR156; 2008(3)MhLj475
..... ensconce rules of 'dharma'. in course of time, two principal schools of hindu law sprang into existence; viz. mitakshra and dayabhaga. the mitakshra ..... . history of hindu civilisation flows from the rules of 'smrities' - the institutions which ..... maharashtra or bombay school (western india) and (iv) dravida or madras school (southern india). issues regarding succession, inheritance, marriage, religious usages and institutions are decided according to hindu law. exception, of course, is of change by legislative enactment.11. dayabhaga school system prevails in bengal, while mitakshra system is applicable to other parts of india. mitakshra system ..... is in between the members of the hindu family. the genealogy given in the plaint is not seriously disputed. in view of the substantial question of law, framed by this court, a glance to histories of devolution of property in relation to hindus would be appropriate.10. hindu law has the most ancient pedigree of any known system of jurisprudence .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-08-2007
Reported in : 2007(6)AIRKarR413; AIR2008NOC189; 2008(2)ICC465; 2008AIHC504(Kar)
..... delivery of the boy through one family to another. this principle of hindu law is well accepted by all the authors. the 'dattahomam' is not mandatory. however, the case of adoption long prior to the filing of the suit i.e. ancient adoption, where the positive oral evidence of proof of giving and taking ..... of only son would deprive of the natural family of its succession. it cannot be said that, it is not permissible, even the principles of hindu law on the adoption does not prohibit the adoption of only son. the circumstance, which is required to be considered here, is the age of the ..... whether the plaintiff has proved that, the suit schedule properties are the joint family properties?33. point no. 1: in terms of the principles of hindu law, in order to prove the adoption, the giving and taking of the boy in the adoption is must and there has to be an evidence of ..... be proved. he further submitted that, entire evidence does not show the proof of giving and taking of the child. he also relied on the hindu law by golapchandra sarkar sastri and pointed out that, without proving the actual giving and taking of the plaintiff in adoption, the plaintiff cannot claim that, ..... was recognised as adopted son by m. byrashetty. and vishalakshamma. he relied on paragraphs 10 and 13 of the judgment to show that, in case of ancient adoption, positive oral evidence may not be possible. but the circumstances and probabilities do prove the adoption beyond doubt. relying on said judgments, learned counsel .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-12-2007
Reported in : ILR2008KAR819; ILR2008(1)Kar819; 2008(2)KCCRSN88; 2007(6)AIRKarR397; AIR2008NOC190; 2008AIHC446(Kar)
..... succession act, 1925, has no application to hindus in the matter of succession and inheritance, as they are governed by their personal law, hindu law. in the light of personal law, the word domicile has to be construed in the context of a person migrating from one region of india which is governed by ..... have the same right of claiming partition as a male owner. section 4 made it clear that said enactment is only prospective.19. the mysore hindu law women's rights act, 1933, which was not applied to civil and military stations of bangalore was extended to the said province on 08-05- ..... a female heir never succeeds to the estate of a male or female heir absolutely and therefore, the provisions of this act prevail over the law of mitakshara.18. 'hindu' law women's rights to properly act 1937, was enacted which came into force on 14.04.1937. it applied to the whole of india, ..... of succession to women.14. prior to 1933, females inheriting the property from a male took a limited estate, according to all the schools of hindu law. females who take a limited or restricted estate in property inherited by them were called as limited heirs. the heirs of last full owner, who ..... ancient times. it refers to women's separate property. stridhana in its etymological sense includes all kinds of properties of which woman has become the owner, whatever the extent of her rights over it, she forms the stock of descent in respect of such property, which devolves on her heirs. therefore, under shastric hindu law .....Tag this Judgment!
Court : Patna
Decided on : May-30-2007
..... in respect of right over lands sri s.c. mitra has concluded that the mohammedan rulers were compelled in india to accept in many instances ancient hindu principles. they respected possession and the imposition of the khiraj did not deny the existence of property in land and take away the proprietorship of the ..... remitted even when they hold the land but choose not to cultivate it.6. in the tagore law lectures 1895, on the topic 'the land-law of bengal', by sarada charan mitra, the same concept of hindu law that the first person who makes beneficial use of the soil has the right over it was ..... cultivate waste land to apply to the local revenue officer for permission to do so, has abrogated in those districts the hindu law, or whether it may be justified by the establishment in those districts before british rule of the analogous doctrine of the mahomedan ..... in the case of secretary v. vira (supra). it should be useful to quote the passage here also-according to what may be termed the hindu common law, a right to the possession of land is acquired by the first person who makes a beneficial use of the soil. the crown is entitled ..... the impugned provisions and, therefore, the provisions suffer from unguided and excessive delegation of legislative function amounting to abdication of legislative function which is impermissible in law; (v) enhanced rent in urban areas amounts to effective double taxation by enabling substantial rent for the market value of land whereas municipal authorities are .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-04-2007
Reported in : 2008(2)ALD316
..... executed by the father-kartha of the family, the binding nature or otherwise of ex.b1 on the other coparceners would be within the settled principles of hindu law. however, as far as the payment of the rest of the amount is concerned, there is no acceptable evidence and concurrent findings had been recorded ..... . it may be that to avoid the agreement of sale in question as not binding on the other coparceners in the light of the principles of hindu law, the plaintiffs could have pleaded and could have instituted the suit for partition at the best. but for reasons best known, they had not chosen to ..... x2 were marked through p.w. 3. the stand taken by the plaintiffs is that the plaintiffs and the deceased-defendant no. 3 constituted a joint hindu family and the suit lands are the joint family properties and defendant no. 3 was not mentally sound, as such, plaintiff no. 1 was looking after ..... possession of suit land are absolutely false. the real facts of the case are that the defendant no. 3 in the capacity of kartha of the hindu joint family had sold away the suit land to the defendant no. 2 for a valid consideration to meet his family necessities by way of execution ..... supra. it was pleaded in the plaint that the plaintiffs are the natural sons of defendant no. 3 and they constitute a hindu joint family and coparcenary governed by mithakshara school of law. the joint family is still undivided and owing movable properties at their village bollepally, tq. bhongir. the defendant no. 1 is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-13-2007
Reported in : 2007(5)ALT639; 2008CriLJ402
..... the brink of extinction.49. there are also instances, where persons were picked up from their residences by armed forces or policemen and thereafter liquidated without having any recourse to law. on the specific representations made by the aggrieved persons, the courts have initiated action and the persons found guilty, were proceeded against. the chief minster of a state, had ..... of the police officials, as under:section 23: duties of police-officers: it shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders ..... against the concerned police officials. they contend that registration of a crime under section 307 of ipc in such cases would be a negation of the rule of law and principles of criminal law. by analyzing the facts of the cases, the learned counsel point out that the concerned police have played the roles of investigating, prosecuting and adjudicating agencies, in ..... on the basis of the results of the investigation.'40. the directions given by the national human rights commission are in no way contradictory or in conflict with the law and the learned advocate general has fairly conceded that the directions given by the national human rights commission are being implemented and the state has already given an undertaking before .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-06-2007
Reported in : 2008(3)KarLJ456
..... learned appellate judge, while considering whether indeed the plaintiff was taken in adoption by lragappa and hiremma. it is also to be noticed that under the hindu law giving and receiving of a boy are absolutely necessary to the validity of adoption. they are the operative part of ceremony, which converts the boy of ..... one family to another family. but however, it is to be noticed that the hindu law does not require giving and receiving of a boy, so far as acceptance is concerned. for a valid adoption all that the ..... favour of the validity of the adoption arising from the loss of his rights from his own family and adopt the right of another family. in ancient adoptions, where the evidence by lapse of time is not available and there are documents evidencing the adoption, then in such circumstances, it is for ..... the finding recorded by the learned trial judge that the plaintiff is the adopted son of iragappa and hiremma is restored. the remaining two substantial questions of law are answered in favour of defendants.16. consequently, the appeal is allowed in part.the suit of the plaintiff - appellant is decreed in part declaring ..... of open life and conduct, upon one footing alone namely, that the adoption was recognised as valid act - the burden resting, altogether apart from the law of limitation, upon any litigant who challenges the authority of an admitted adoption, is indeed of the heaviest order.13. these two decisions wherein the alleged .....Tag this Judgment!
Court : Orissa
Decided on : Mar-12-2007
Reported in : 103(2007)CLT617
..... 91. those observations are very pertinent and i would rather quote them:their lordships desire to emphasise 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 reipublicae ut sit finis ..... rule by the courts in india should be influenced by no technical considerations of form, but by matter of substance within the limits allowed by law.16. this statement of law in sheoparsan v. ramnandan (supra) has been approved by justice mathew in the case of iftikhar ahmed and ors. v. syed meharban ali ..... to an english source, it embodies a doctrine in no way opposed to the spirit of the law as expounded by the hindu commentators. vijnanesvara 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 ..... res judicata which are based on sound public policy are applicable. res judicata is a principle of judicial administration and is based on the common law maxim of public policy aiming at finality of litigation and preventing a litigant from being twice over on the same issue.15. the privy council ..... of the learned single judge about the legality of the ordinance cannot bar the supreme court from deciding the validity of a fresh law on merit even if fresh law may contain some of the provisions of the lapsed ordinance. the aforesaid ratio has nothing to do with the concept of res .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-22-2007
Reported in : 2007(3)ALLMR462; 2007(3)BomCR98; (2007)109BOMLR559; 79SCL583(Bom)
..... of bombay, they have been enforced even after the passing of the act 21 of 1848, which was substituted by section 30 of the contract act. the moral prohibitions in hindu law texts against gambling were not only not legally enforced but were allowed to fall into desuetude. in practice, though gambling is controlled in specific matters, it has not been ..... bets for him; the ordinary rules which govern the relation of employer and employed applied in such a case.tracing the law of wager in ancient india and considering the common law of england, the supreme court observed, that the common law of england and that of india, have never struck down contracts of wager on the ground of public policy; indeed they ..... parts of the world the policies are assignable, in some states in canada trafficking in life insurance policies is not only prohibited but is also an offence punishable under the law. all those countries have very effective social security schemes available to financially disadvantaged families and dependence on the proceeds of the life insurance policies is not significant. various policies ..... assignments, as life insurance policies are securities under the public debts act.the petitioners comparison with conditions prevailing in other countries is totally unwarranted and unjustified in fact and in law. the 1st respondent is incorporated as a statutory corporation under the provisions of the life insurance corporation act, 1956, which was enacted for public welfare and as a measure .....Tag this Judgment!