Court : Supreme Court of India
Decided on : Mar-04-2008
Reported in : 2008(2)AWC2094(SC); (2008)5MLJ117(SC); 2008(4)SCALE377; 2008AIRSCW4211; 2008(5)LH(SC)3461; 2008(3)ICC255
..... public policy later on.the origin of custom of adoption assumes great importance. the origin of custom of adoption is lost in antiquity. the ancient hindu law recognized twelve kinds of sons of whom five were adopted. the five kinds of adopted sons in early times must have been of very ..... it is not opposed to public policy and that it is ancient, invariable, continuous, notorious, not expressly forbidden by the legislature and not opposed to morality or public policy. it is not disputed that even under the old hindu law, adoption during the lifetime of a male issue was specifically prohibited ..... property is only of secondary importance.in hem singh v. harnam singh : 1scr44 , it was observed by this court that under the hindu law adoption is primarily a religious act intended to confer spiritual benefit on the adopter and some of the rules have therefore been held to be mandatory ..... although the secular motive was dominant, the religious motive was deniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, twelfth edition, page 329).as held by this court in v.t.s. chandrashekhara mudalie v. kulandeivelu mudalier : 2scr440 , substitution ..... (1) he who relies upon custom varying the general law must plead and prove it.(2) custom must be established by clear and unambiguous evidence.(see sir h.s. gour's hindu code volume 1, fifth edition.)custom must be ancient, certain and reasonable as is generally said. it will be .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-27-2008
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... three main sources of hindu dharma or law i.e. (1) the sruti, (2) the smriti and (3) custom. hindu law is also described as 'that body of law in its entirety which originated from the religious scriptures of various indigenous communities of this century'. the law, normally, could be traced into legal and historical sources. essentials of ancient hindu law were varied to bring ..... hard line of logical demarcation between matters, secular and religious, because certain questions such as for instance as marriage and adoption had the aspects of both. marriage under hindu law was primarily and essentially a sacrament. having elements both, religion and secularity, it was the source and foundation of the status of the parties; and of their right ..... and dealt with as a sacrosanct relationship between the two human beings requiring performance of the respective rights and obligations between them. divorce in hindu marriage was concept difficult of attainment and governed by stringent laws. any provision in hindu law did not by itself ipso facto ..... of the line of a hindu male within the framework of monogamy.7. marriage under hindu law had not been treated as a contract simpliciter between two individuals but was stated to be a sacrosanct relationship between two human beings placing certain obligations and duties vis-a-vis each other. right from ancient times, in hindu society, marriage has been treated .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-2008
Reported in : AIR2008SC1058; 2008(2)ALD105(SC); 2008(5)BomCR362; (SCSuppl)2008(2)CHN46; 2008(1)CTC856; [2008(2)JCR91(SC)]; JT2008(1)SC443; (2008)1MLJ1083(SC); 2008(1)SCALE372; 2008AIRSCW652; 2008(2)KCCRSN103
..... be made if the natural son is a congenital lunatic or an idiot.12. the origin of custom of adoption is lost in antiquity. the ancient hindu law recognized twelve kinds of sons of whom five were adopted. the five kinds of adopted sons in early times must have been of very secondary ..... of property is only of secondary importance.14. in hem singh v. harnam singh : 1scr44 it was observed by this court that under the hindu law adoption is primarily a religious act intended to confer spiritual benefit on the adopter and some of the rituals have, therefore, been held to be mandatory, ..... ; but although the secular motive was dominant, the religious motive was undeniable. the religious motive for adoption never altogether excluded the secular motive. (see mayne's hindu law and usage, 12th edn., p. 329.)13. as held by this court in v.t.s. chandrasekhara mudaliar v. kulandaivelu mudaliar : 2scr440 substitution ..... whether by legitimate blood relationship or by adoption, living at the time of adoption.prior to the act under the old hindu law, article 3 provided as follows:3. (1) a male hindu, who has attained the age of discretion and is of sound mind, may adopt a son to himself provided he has ..... son'. the restrictions flowing from this maxim had the effect of eliminating most of the forms of adoption. (see hindu law by s.v. gupte, 33rd edn., at pp. 899-900.) the whole law of dattaka adoption is evolved from two important texts and a metaphor. the texts are of manu and vasistha, and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-10-2008
Reported in : 2008(5)ALD171; 2008(5)ALT437
..... friends and third parties, it would certainly lead to a conclusion that there was an adoption even if direct evidence is not available. in mulla's hindu law (fifteenth edition), section 512 reads as below.512. burden of proof and evidence.- the fact of adoption must be proved in the same way as ..... was known as chakravartula tirumalacharyulu. these pre and post adoption events would strongly probablise that first defendant was adopted by seenamma.13. in case of ancient adoption, it is very difficult to get evidence of dattahomam as well as giving and taking of adoptee. if the boy is treated as adopted ..... surname of adopted parents. the fact that adoptee was known with surname of the adopted parents is significant proof of adoption. in a case of ancient adoption, which took place long prior to a case came to the court, it would not be possible to prove the ceremony like datta homam ..... . having noticed sharp cleavage of judicial opinion, division bench referred two questions to the full bench. these are (i) whether a suit by a hindu reversioner for a declaration that the alienation made by an alleged adopted son is not binding on him is maintainable? and (ii) whether a reversioner, ..... validity of adoption.'15. in debi prasad v. tribeni devi : 1scr101 , legal position with regard to proof of ancient transactions was explained as below.in the case of all ancient transactions, it is but natural that positive oral evidence will be lacking. passage of time gradually wipes out such evidence. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-17-2008
Reported in : 2008(5)ALLMR619; 2008(6)BomCR429; 2008(5)MhLj744
..... the plaintiff/respondent. the supreme court has quoted the observations of gopalchandra sarkar in his book on hindu law, eighth edition, as also the views expressed in mayne's hindu law. according to mayne's hindu law, all that the law requires for a valid adoption is that the natural father shall be asked by the adoptive parent ..... that the boy shall be handed over and taken for this purpose. after quoting the aforesaid view, the hon'ble supreme court observed that in hindu law, long recognition as an adopted son, raises a strong presumption in favour of the validity of an adoption, arising from the possibility of the loss ..... observed by both the courts that the registered adoption deed, at exh. 43 clearly shows that all the requirements of a valid adoption under the hindu law, were fulfilled. the courts held that though oral evidence on the factum of adoption was lacking in the instant case, there was ample evidence on ..... court agreed with the views expressed by the various courts that in cases of ancient adoption, evidence showing that the boy was treated for a long time as an adopted son, at a time when there was no controversy, ..... of the rights in his own family by being adopted in another family. the supreme court further observed that in the case of all ancient transactions, it is but natural that positive oral evidence will be lacking as passage of time gradually wipes out such evidence. the hon'ble supreme .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-30-2008
Reported in : ILR2008KAR1667; 2008(3)KCCR1390; 2008(4)AIRKarR176; AIR2008NOC2214; 2008(4)CivilLJ525; 2008(3)ICC723; 2008AIHC2906(Kar)
..... the circumstances of the particular case are such as to render such on origin probable.this explanation applies also to section 81.20. this section deals with the admissibility of ancient documents without proof in the usual manner. the rule is founded on necessity and convenience. it is extremely difficult and sometimes impossible to prove the handwriting or signature or execution ..... competent to adopt a child without her consent. having regard to the language employed in the said proviso, the said provision is exhaustive. the law does not provide for any other contingency under which a male hindu can adopt a child without the consent of his wife living at the time of adoption. when the circumstances under which a consent of wife ..... courts below while framing the issue regarding adoption have wrongly placed the burden on the 3rd defendant. when once there is a registered adoption deed under section 16 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as 'the act', for short), it is for the plaintiffs to adduce evidence to show that the said valid deed of adoption ..... of ancient documents after the lapse of many years. the words duly executed and attested merely mean execution and attestation according to the formalities prescribed by the law. it is therefore presumed that all persons acquainted with execution and of the documents, if any, are .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-14-2008
Reported in : ILR2008KAR3453; 2009(4)KarLJ613; 2008(4)KCCR2536
..... of the coparcenary property at any time.26. the said right is confined to only co-parcenary property and joint family property. the said right is not extended even in hindu law to the separate or self acquired property of the father. after the passing of the succession act, the rights of hindus in respect of the property of the father is ..... of interpretation, against the will of the parliament clearly expressed in the enactment itself. it is impermissible.24. sri. b.t. parthasarathy, learned senior counsel relying on section 307 of hindu law by mulla, contended that every adult co-larcener is entitled to demand and sue for partition of the coparcenary property at any time. therefore, he contends that in the absence ..... was void or voidable. however, it is a legal fiction with limitation. the reason behind such limitation is that the parliament had no intention of eclipsing die settled concepts of hindu law such as coparcenary, coparcener, coparcenary property, joint family and joint family property, right of coparcener to acquire by birth and interest in the coparcenary or joint family property, under mitakshara ..... court in the case of parayankandiyal eravath kanapravan lallianiamma and ors. v. k. devi and ors. : air1996sc1963 reported in. after referring to the old text of hindu law which pointed out that marriage according to hindu law is holy union, it is not a contract but a samskara or sacrament, though polygamy was not permitted, a second marriage was allowed in a restricted sense .....Tag this Judgment!
Court : Delhi
Decided on : May-08-2008
Reported in : 2008CriLJ4107
..... his art is intended as an expression of purity as also the fact that there have been even more graphic depictions of nudity and sexuality, including hindu deities and mythological figures in many contemporary and ancient indian art by the various artists concerned, some of which have also been placed on record.75. the complainants/respondents in crl. rev. p. ..... judicial scrutiny in protecting individual rights and freedoms and promoting constitutional values is not discretionary but obligatory. in a constitutional democracy wedded to and governed by the rule of law, responsibilities of the judiciary arouse great expectations.18 justice frankfurt once remarked:it is not a printed finality, but a dynamic process. its applications to the actualities of ..... to aesthetics. .the world's greatest paintings, sculptures, songs and dances, india's lustrous heritage, the konarks and khajurahos, lofty epics, luscious in patches, may be asphyxiated by law, if prudes and prigs and state moralists prescribe paradigms and prescribe heterodoxies.51. in t. kannan v. liberty creations ltd. (2007) the madras high court has said that there ..... artistic merit (taking into account any expert evidence on this point). there is not, however, any absolute or partial defense of artistic merit. united kingdom23. under the common law, obscenity being an indictable offense is punishable with fine and imprisonment at the discretion of the court. the offence of obscenity was established in england three hundred years ago, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-27-2008
Reported in : AIR2008P& H200; (2008)151PLR354; AIR2008P&H200; 2008(6)AIRKarR68(FB)
..... the succession act and ob served that it has brought uniform code of succession amongst hindus irrespective of the fact whether they were previously governed by hindu law or customary law and to that extent both hindu law and customary law stood modified or repealed, as has been declared by section 4 of the succession act. it noticed section 14 of the succession act, which enlarged ..... and thus there is no question of any discrimination..20. if the nature and extent of restrictions on the power of alienation are the same or similar both under customary law and hindu law, and the concepts of'ancestral property' and 'coparcenary property' are also the same under both the systems, then there hardly remains any conflict envisaged under the present reference ..... hindus although section 30 of the succession act also provides for testate succession. it has been submitted that the succession act does not deal with alienation and, therefore, hindu law and customary law concerning alienation continue to survive. they have further pointed out that the succession act does not abolish reversioner and they continue with their right to challenge any alienation made ..... has become archaic and should be treated as contrary to justice, equity and good conscience. now, as is mentioned in clause (d) above, a custom to be valid must be ancient, certain and invariable and, therefore, this rule cannot be held to be invalid simply because it is an old one or archaic. moreover the rule cannot be held to be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-11-2008
Reported in : 2009(3)ALT134
..... placed strong reliance on the decision in g. narayanappa and anr. v. govt. of andhra pradesh : air1992sc135 wherein the apex court while dealing with the status of illatom son-in-law under hindu law and also the applicability or otherwise of section 4a of a.p. land reforms (ceiling on agricultural holdings) act (1 of 1973) observed at para 12 as hereunder. 'coming ..... be permitted unless proved as a special custom.we are not impressed with this argument. this custom derogates from the ordinary rule of hindu law of succession. under the mitakshara law which governs the parties in question, a son-in-law has no rights in the devolution of the property of the last male-holder. the rule of succession in this regard is altered ..... the general rules of law, must be construed strictly. it is further essential that it should be established to be so by clear ..... . its incidents, though crystalised into rules of law, do not brook extension by analogy. a specific agreement is necessary for bringing into being such an affiliation. besides, it is also necessary to prove that such custom of affiliating a son-in-law is in the community to which the parties belong.'it must be ancient, certain and reasonable and being in derogation of .....Tag this Judgment!