Court : Kerala
Decided on : Aug-19-2014
..... found prevailing amongst their marumakkathayam brethren. this is a wholly gratuitous assumption. the rule of impartibility is not peculiar to the marumakkathayam law. it was the ancient hindu law which prevailed everywhere in india but except in malabar, the hindu law in this respect was subsequently modified and the right to division of joint property was recognised." it admits no doubt, that prior ..... . this is a wholly gratuitous assumption,. the rule of impartibility is not rfa no.195/2003 -11- peculiar to the marumakkathayom law. it was the ancient hindu law which prevailed everywhere in india but except in malabar, the hindu law in this respect was subsequently modified and the right to division of joint property was recognised.127. the presumption is that the nambudiris ..... carried with them to their new home the hindu law as it prevailed at the time of their migration in the place from which ..... rfa no.195/2003 -49- in food, worship or estate, there cannot be a presumption that it became a joint family as such as known to hindu law. even the general principles of hindu law with respect to the reunion will require consent by the parties concerned. herein, the plaintiff/respondent being a minor, the father could not have unilaterally taken .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-28-2014
..... right of a person in possession supported by multiple registered sale transactions needs to be considered. both under the ancient hindu and muhammadan laws, the land was not vested in the king. possession has always played an important part in all systems of jurisprudence . under the ..... courts in modern india have also recognised the right of the first occupant to the possession of the land under the hindu law. according to what may be termed the hindu common law, a right to take possession of land is acquired by the first person who makes a beneficial use of the ..... , in kistna, nellore, north arcot and salem; to brahmins and other religious persons for their maintenance; maintenance grants for the families of poligars ancient land officers in the ceded districts, changalput etc. permanent accounts at taluq/mandal level: these accounts consisted of five registers representing the state of ..... over the reins, three categories of persons were controlling the lands. they were : (1) princes and rajas; (2) poligars and (3) chowdaries under hindu rule who were also called crories (tax gatherers) under muslim rule. they were later recognised as zamindars in the northern districts. there were also mattas (muttas ..... hindu system, possession, however brief, is necessary for a perfected title. as between title and possession, the former predominates, unless .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-28-2014
..... hindu law, its qualities, its kinds and its line of descent, the question has constantly been found in the forefront, what is stridhana?. vijnaneswara ..... are the appellants herein and the plaintiffs and defendant nos. 10 to 17 are the respondents herein who belong to the perumkollam (blacksmith) community and are governed by customary law and hindu law. as per the original suit, the suit schedule properties belonged to valli, the mother of the plaintiff no.1 and grandmother of plaintiff nos. 2 to 4 and ..... court in kochan kani kunjurama kani (supra) has been judiciously recognized which applies to the said principle regarding the valid custom prevalent in the community of valli modifying pristine hindu law which entitles the married daughters share in the properties of their mother s streedhana properties. the prevalence of such approved custom of kudivaippu in the community is accepted by ..... the documentary evidence on record ex.-a1 (panayam theeradharam) as opined by n.r. raghavachariyar on hindu law, under section 468, chapter xiii, at page 530 of the 7th edn. of his commentary., which is extracted below :- s.468.definition of stridhana- during the voluminous discussions ancient and modern, which have arisen with regard to the separate property of woman under .....Tag this Judgment!
Court : Chennai
Decided on : Apr-29-2014
..... ancestral property. 10.12. the property rights of women under the hindu law can be considered under four stages i.e., pre-1937, 1937-1956, 1956-2005 and post-2005. 10.13. in theory, in the ancient times, the woman could hold property but in practice, in comparison to ..... whom they are in protection (supra) - source 'shodhganga.inflibnet.ac.in'. the earliest legislation bringing females into the scheme of inheritance is the hindu law of inheritance act, 1929. this act, conferred inheritance rights on three female heirs i.e. son's daughter, daughter's daughter and sister ..... the words, if necessary, even by modification of the language used. 10.11. the law commission of india in its 174th report on property rights of women: proposed reforms under the hindu law in may 2000 mentioned in the introduction itself that, discrimination against women is so pervasive ..... and neglect her marital duties and the management of household affairs. this was the situation prior to 1937 when there was no codified law. the hindu women s right to property act, 1937 was one of the most important enactments that brought about changes to give better rights ..... law of property of a hindu female is marked by vicissitudes starting from the vedic society when female enjoyed equal status economically and wife enjoyed equal rights in husband s house (sir gooroodas bannerjee in marriage and stridhana, remarks, nowhere were proprietary rights of women recognized so early as in india; and in very few ancient systems of law .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-05-2014
..... whole world except the true owner. [the principles of mohammedan jurisprudence (1911)]. 79. in 'ancient indian law' possession was nothing but a legal contrivance based on the considerations of dharma. use and enjoyment of property was restricted and controlled by the holy scriptures. in old hindu law possession was of two kinds. (a) with title; and (b) without title where possession ..... . it appears that concept of 'adverse possession', beside the fact that it has come across a judicial dissection, time and again, before various courts across the country, still law professional continue to make apparent blunder while taking up the issue of adverse possession. it thus needs a recapitulation. 67. the principle of adverse possession, though had been recognized ..... being administering any wakf property; (d)............................................. (e)"wakf" means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section, 3 of the mussalman wakf validating act, 1913, under which any ..... in india since the time ancient, but for the purpose of present case it would be appropriate to go in the past only since when the codified law has been enacted, i.e., in british india, by the then rulers. the statute, which is now operating .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-06-2014
..... the judgment in sheoparsan singh v. ramnandan singh, air1916pc78wherein it had been observed as under: .. the rule of res judicata, while founded on ancient precedents, is dictated by a wisdom which is for all time .. though the rule of the code may be traced to an english source ..... state of a.p. & anr., air1996sc1414 this court examined the constitutional validity of some of the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act 1987. the court also examined the object of the scheme framed under section 55 of the said act and held ..... gujarat & ors., air1974sc2098 t.m.a. pai foundation & ors. v. state of karnataka & ors., air2003sc355 and nallor marthandam vellalar & ors. v. commissioner, hindu religious and charitable endowments & ors., air2003sc4225.11. the constitution bench of this court in s. azeez basha & anr. v. union of india, air1968sc662 while dealing ..... 2.1954 as the notification was withdrawn by the state-respondents. after the judgment in the aforesaid case as well as in the commissioner, hindu religious endowments, madras v. sri lakshmindra tirtha swamiar of sri shirur mutt, air1954sc282(hereinafter referred to as shirur mutt case ), the act ..... , 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 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-21-2014
..... relationship between them is in the nature of marriage. 23 it is not in dispute that the petitioner and the first respondent are hindus by birth and are governed by hindu law. for better appreciation of the contentions of the first respondent, it is not out of place to extract hereunder the relevant portion of the complaint, which reads as under: the ..... act postulates the ceremonies to be observed during the performance of the marriage. a conjoint reading of section 5 and 7 of the hindu marriage act, 1955 clearly indicates what constitutes a valid marriage under hindu law. 19 it appears that the words relationship in the nature of marriage might have been used in the domestic violence act keeping in mind the scope ..... in view of judgment and decree passed in o.p.no.4 of 2009. in order to constitute a valid marriage under hindu law, the parties to the marriage have to satisfy the conditions stipulated under section 5 of the hindu marriage act. a married woman marrying another married man during the subsistence of their marital tie with their respective spouses is not ..... of section 5 of hindu marriage act as well as other personal laws. 20 the crucial question that falls for consideration, at this juncture, is whether the first respondent herein has satisfied the basic ingredients of the act so .....Tag this Judgment!
Court : Chennai
Decided on : Jun-20-2014
..... both sides and perused the materials available on record.3. brief facts of the case of the petitioner, are as follows: kalimalai amman kovil, pathukani, kanyakumari district, is a very ancient hindu temple and the petitioner trust is maintaining the said temple. the fifth respondent filed a suit for declaration and injunction relating to the property in old survey no.3073 (re .....Tag this Judgment!
Court : Orissa
Decided on : Feb-14-2014
..... judicata are locus classicus on the subject. ..but in view of the arguments addressed to 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 litium otherwise great oppression might be ..... in both the writ applications are same, issues are same.9. doctrine of res judicata though engrafted under section 11 of the code of civil procedure, the same is of ancient origin. the classic words of sir lawrence jenkins in the celebrated judgment in sheoparsan singh and others vrs. ramnandan prasad narayan singh and others, air 1916 privy council 78, tracing ..... of land on 30.1.2012, vide annexure-9. it is further stated that the acquisition of the land is violation of article 49 of the constitution of india; the ancient monuments and archaeological sites and remains act 1958; the environment (protection) act, 1986; environmental impact assessment (eia) notification, 2006; heritage conservation act; the orissa development authorities act, 1982; comprehensive development ..... code may be traced 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 escribes the plea thus : if a person though defeated at .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-06-2014
..... these facts lead to the inference that the possibility that the appellant might have been falsely involved in this case cannot be ruled out. it is a settled proposition of law that an accused is presumed to be innocent till proved guilty. in the present case, appellant is liable to be acquitted of the charges framed against him by giving him .....Tag this Judgment!