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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 2009 Page 1 of about 433 results (0.072 seconds)

Dec 22 2009 (HC)

Binapani Samanta Vs. Sambhu Mondal and ors.

Court : Kolkata

Decided on : Dec-22-2009

..... court in the case of lakshman singh kothari v. smt. rup kanwar reported in : air 1961 sc 1378 observed the adoption under the ancient hindu law as follows:under the hindu law, whether among the regenerate caste or among sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family ..... said finding, the court referred the following passage from mayne's treatise on hindu law and usage, 13th edn., pp.429-30: 'adoption of daughters.-nandapandita in his dattaka mimamsa would construe 'putra' (or son) as including a daughter and ..... 367. the hon'ble apex court has come to such a finding on the basis of a well-recognised book of treatise on hindu law and usage by mayne and the principles of hindu law by mulla. for convenience, we are quoting the paragraph nos. 23 & 28 of the said decision.23. while arriving at the ..... the appellant being a member of shudra community need not perform all the ceremonies to be performed in the case of an adoption under the hindu law and the hon'ble apex court supported such custom. he also contended that the husband of the appellant took steps for sradh ceremony of dalimmoyee ..... distant relations of dalimmoyee and that the appellant was not adopted by dalimmoyee as her own daughter. no adoption ceremony was held at all according to hindu law and custom. in fact, the father of the appellant, kanailal das, was a tenant under lalit mohan and he was an employee of the .....

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Jun 05 2009 (HC)

Lalitha Pershad (Died) Per Lrs Vs. Shyamsunderlal (Died) Per Lrs

Court : Andhra Pradesh

Decided on : Jun-05-2009

Reported in : 2009(5)ALT67

..... son would not satisfy standard of proof of adoption under hindu law. secondly, no witness speaks about the plaintiffs' case in rejoinder. the evidence of p.w.1 on this aspect containing casual remarks without any corroboration cannot be proof of ancient adoption.25. according to learned counsel for plaintiffs, badri ..... he could not give the date and year in which the partition was effected nor was the deed of the partition produced. under the hindu law, it is not necessary that the partition should be effected by a registered partition deed. even a family arrangement is enough to effectuate the ..... 26.4, 26.2 (dnsc).34. at this stage, legal principles - both statutory and precedential; pertinent to this matter may be considered. mayne's 'hindu law and usage' (16th edn.,) explains as follows.298. property jointly acquired.- secondly, property may be joint property without having been ancestral. where the members of ..... according to learned counsel, therefore, plea of adoption is an afterthought not supported by any evidence.how adoption is to be proved? in mulla's hindu law (fifteenth edn.,), section 512 reads as below.512. burden of proof and evidence.- the fact of adoption must be proved in the same way ..... status of the son, acquires right to the property in the adoptive family and is divested of his property in the natural family mayne's hindu law and usage, 2008 (16th edn.,) para 206. the relationship of adopted son with natural family is severed for all purposes and all properties of .....

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Sep 03 2009 (SC)

Gangai Vinayagar Temple and ors. Vs. Meenakashi Ammal and ors.

Court : Supreme Court of India

Decided on : Sep-03-2009

Reported in : JT2009(12)SC167; 2009(12)SCALE215; (2009)9SCC757:2009AIRSCW5961:2009(5)LHSC3317:2009(12)Scale245

..... concept of res-judicata held: such an idea is not only a fundamental principle of the common law but is also to be found in roman law, hindu law, african tribal law, native american indian law, canon law and many modern civil codes. such apparently universal acceptance of the need for a rule of this ..... kind has led one english judge to eulogise it in the following terms: the rule of res judicata, while founded on ancient precedent, was ..... in this case. 60.so the bar of res-judicata under section 11 of the code is attracted. 61. res-judicata is an ancient doctrine of universal application and permeates every civilized system of jurisprudence. this doctrine encapsulates the basic principles in all judicial systems which provide that ..... belongs to a public temple governed by the act? if so whether the suit is maintainable for want of sanction under section 26 of the hindu religious institution act. 25.as noted above, all the suits were tried together and after trying all these issues, the learned trial court reached ..... dictated by a wisdom which was for all time. 64.in the words of coke, res-judicata stands for the inviolable sanctity of the record which was of so high and conclusive a nature as to admit of no contradiction thereof. it has been said as nature abhors a vacuum, so the common law .....

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Sep 17 2009 (HC)

Smt. (Dr.) Smitha W/O Shri Sathyajith Vs. Shri Sathyajith S/O Sri A.C. ...

Court : Karnataka

Decided on : Sep-17-2009

..... circumstances of the present case has in our view lead to such a situation.38. prior to the enactment of the hindu marriage act, 1955, the concept of divorce under hindu law was absent except in the erstwhile states of bombay, madras and saurashtra under certain circumstances. but in the said enactment ..... in this context. in fact smt. kusum in a chapter entitled 'matrimonial adjudication under hindu law' in the book 'fifty years of the supreme court of india-its grasp and reach' published by the indian law institute has stated as follows;while expediency demands that no marriage which has completely lost its ..... . there is also another aspect with regard to the dissolution on the basis of irretrievable breakdown and the same is also envisaged under the hindu marriage act under section 13. this is an aspect of dissolution on the basis of irretrievable breakdown of marriage wherein if a decree for ..... she has sought for restitution of conjugal rights in the year 2005 along with her statement of objections.34. under section 9 of the hindu marriage act when either of the spouses without reasonable excuse withdraws from the society of the other, then a petition could be filed by the ..... reserving liberty to the parties to seek whatever remedies are available them in law.45. before parting with this case we would like to observe that the law commission of india in its 71st report recommended amendment to the hindu marriage act by adding irretrievable breakdown of marriage as an additional ground. .....

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Apr 29 2009 (HC)

Deen Dayal Vs. Sanjeev Kumar

Court : Rajasthan

Decided on : Apr-29-2009

Reported in : AIR2009Raj122

..... of lakshman singh kothari v. smt. rup kanwar reported in : [1962]1scr477 wherein it has been observed that under the hindu law, whether among the regnerate caste or among sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family to another and ..... this adoption smt. chameli devi denied and refuted such adoption.22. it is significant to mention here that for a valid adoption of a hindu under the hindu adoptions and maintenance act, 1956 transfer of adoptive boy by ceremony of giving and taking is essential as has also been held in the case ..... judge has not considered the oral as well as documentary evidence in a proper manner and only raised the presumption of section 16 of the hindu adoptions and maintenance act,1956 in regard to the valid adoption on the basis of registered adoption deed ex.1 and has not considered the ..... property who also expired issue-less in the month of may, 1970, therefore chameli devi, sister-inlaw (bhabhi) inherited the said property in accordance to hindu succession act being the nearest surviving member after the death of smt. jai devi. it was further the case of the plaintiff that smt. chameli devi ..... scrutiny of this document, it can be safely inferred that adoption was not made in accordance to law since as per the provisions contained in section 9 of the hindu adoptions and maintenance act, 1956 a hindu child cannot be given in adoption without the consent of mother, if she is alive or unless .....

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Nov 05 2009 (HC)

Rajeswari Mishra Vs. Sidhartha Pandit

Court : Orissa

Decided on : Nov-05-2009

Reported in : AIR2010Ori41

..... of the special marriage act, 1954 refers to section 4(b) thereof. hence, the removal of references to 'epilepsy' in section 5(ii) of the hindu marriage act, 1955 and section 4(b)(iii) of the special marriage act, 1954 has the effect of non-availability of the ground of epilepsy for getting ..... injustice to patients suffering from epilepsy in matrimonial matters. the grounds for annulling a marriage by a decree of nullity as contained in section 12 of the hindu marriage act, 1955 refers to section 5(ii) thereof. similarly, the grounds for declaring a marriage as null and void by a decree of nullity as ..... time of marriage the wife was suffering from recurrent attacks of epilepsy. the marriage of the parties took place on 5-2-1998 according to the hindu rites and customs. on 13-1-1998 at about 3.00 a. m. the husband woke up and found the wife having an epileptic attack. ..... family court dated 21 -9-2001 in civil proceeding no. 85 of 1998 by which he annulled the marriage of the parties under section 12 of the hindu marriage act, 1955.2. sidhartha pandit, the husband (the respondent herein) filed the petition for annulment of the marriage on the ground that at the ..... reads as follows:statement of objects and reasonsbased on the recommendations of the law commission of india as contained in their fifty-ninth report on 'hindu marriage act, 1955 and section 4 of the special marriage act, 1954 were amended vide the marriage laws (amendment) act, 1976 so as to remove the doubts about the degree .....

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Oct 30 2009 (HC)

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Decided on : Oct-30-2009

Reported in : 2010(1)ALT112

..... is an activity ordained by the mohammedan religion and as such, primarily a religious part of their personal law. further, the expositions of legal position by the honourable supreme court under the mohammedan law with reference to khawaja saheb's act and regarding hindu law under the mutt's case referred to above clearly establish that a wakf or a religious or charitable ..... his cosmos/creator and realize his spiritual self. sometimes, practices religious or secular, are inextricably mixed up. this is more particularly so in regard to hindu religion because under the provisions of the ancient smriti, human actions from birth to death and most of the individual actions from day-today are regarded as religious in character in one facet or the ..... clause (b) of clause (2), the reference to hindus shall be construed as including a reference to persons professing the sik, jaina or buddhist religion, and the reference to hindu religious institutions shall be construed accordingly.26. freedom to manage religious affairs.- subject to public order, morality and health, every religious denomination or any section thereof shall have the ..... . in jewan doss sahoo's case the judicial committee call him 'procurator.' that case related to a khankah, a mahommedan institution analogous in many respects to a math where hindu religious instruction is dispensed. the head of these khankhas, which exist in large numbers in india, is called a sajjadanishin. he is the teacher of religious doctrines and rules .....

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Jul 14 2009 (HC)

Durgesh Pradhan and ors. Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Jul-14-2009

Reported in : 2009CriLJ4391

..... . statements of the witnesses are not discarded on the basis of their relationship. learned court below has rightly convicted and sentenced the appellant. conviction and sentence is sustainable under the law and is based on the legal and credible evidence. three accused have caused injury to the deceased and as a result of such injury he died within 4 hours during ..... deceased was of criminal antecedent and having so many enmies and in the absence of cogent and positive evidence, conviction and sentence of the appellants is not sustainable under the law.10. on the other hand, learned counsel for the state/respondent supported the judgment impugned and argued that ku. rijwana (pw-1) and shamtm mohhamad (pw-2) are sister and .....

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Nov 26 2009 (HC)

Ali Jishan @ Jishan Chawhan Vs. State of Kerala and Manoj Kumar

Court : Kerala

Decided on : Nov-26-2009

..... existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. when inferring the existence of a fact from other set of ..... impossible. in the decision reported in trimukh maroti kirkan v. state of maharashtra 2006(4) klt 638(sc), wherein it was held as follows:the law does not require the prosecution to prove the impossible. all that it requires is the establishment of such a decree of probability that a prudent man may ..... sterile on the plea that it is better to let a hundred guilty escape than punish an innocent. letting the guilty escape is not doing justice according to law. (see gurbachan singh v. satpal singh) prosecution is not required to meet any and every hypothesis put forward by the accused. (see state of u ..... . in the decision reported in vinay d. nagar v. state of rajasthan : (2008) 5 scc 597 it was held as follows:the principle of law is well established that where the evidence is of a circumstantial nature, circumstances from which the conclusion of guilt is to be drawn should in the first ..... v. state of a.p. : (1996) 10 scc 193, wherein it has been observed thus: in a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. moreover, all the circumstances .....

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May 11 2009 (HC)

Jayendra Vishnu Thakur Vs. State of Maharashtra and anr.

Court : Orissa

Decided on : May-11-2009

Reported in : 2009(II)OLR161

..... , might be perjurers or persons motivated by malice, vindictiveness, intolerance, prejudice, or jealousy. we have formalized these protections in the requirements of confrontation and cross-examination. they have ancient roots. they find expression in the sixth amendment.... this court has been zealous to protect these rights from erosion. it has spoken out not only in criminal cases...but also ..... case moreover the appellant had not been absconding after he was arrested. the term 'absconding' has been defined in several dictionaries. we may refer to some of them.black's law dictionary - to depart secretly or suddenly, esp. to avoid arrest, prosecution or service of process.p. ramanatha aiyar - primary meaning of word is 'to hide'. oxford english ..... the preconditions for utilising such statements in evidence during trial must be established and proved like any other fact. there possibly cannot be any dispute with the proposition of law that for taking the benefits of section 299 of the code of criminal procedure, the conditions precedent therein must be duly established and the prosecution, which proposes to utilise ..... a proceeding between the prosecutor and the accused within the meaning of this section.the right of an accused to watch the prosecution witnesses deposing before a court of law indisputably is a valuable right.the sixth amendment of the united states constitution explicitly provides therefor, which reads as under:in all criminal prosecutions, the accused shall enjoy .....

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