Court : Kerala
Reported in : AIR1991Ker408
..... approved by the supreme court in kelukutty v. mammad (air 1972 sc 2403).10. sources of hindu law discussed in chapter ii in mulla's principles of hindu law. at page 73 of the 16th edition it is stated that 'main sources of hindu dharma or law are (i) sruti, (ii) smriti, and (iii) custom and a practical division of ..... is one of the three sources of hindu law and when there is a conflict between a custom and a text of the ..... the sources of hindu law would be (1) original texts of the dharma-shastras (2) commemaries and digests and (3) customs'. at page 77 it is stated that 'custom ..... within section 4(1)(a) of the act. that being so, it is overridden by the act.11. at page 917 of mulla's principles of hindu law (fifteenth edition), referring to section 4(1) it is stated :'this section gives overriding application to the provisions of the act and in effect lays down ..... in our opinion, first part of clause (a) of sub-section (1) of section 4 relating to any text, rule or interpretation of hindu law will apply in this case. even if that be held not to apply there is no reason why second part 'any custom or usage as part of that .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1979Bom176; (1980)82BOMLR130; 1978MhLJ739
..... illegitimate son of a shudra was, however, entitled to a share in the estate of his putative father. a special exception, though inconsistent with hindu dharma on which hindu law in general rested, was thus made in his favour. after quoting the text of yajnavalkya in that behalf, mitakshara in para 2 of section 12 ..... ceases to operate. and when one turns to the other provisions of the act, one finds that there is no express provision saving that part of hindu law under which an illegitimate shudra could succeed to the estate of his putative father. the result, therefore, is that his right of succession, if the ..... -forward in the right direction, laying down a more just and equitable scheme and system of inheritance and succession thanever before. as observed in mulla's hindu law, 14th edition, at page 826: 'even if it (the act) seems to break violently with the past it has to be conceded that it ..... on this question was referred to a division bench of this court and the division bench hearing the said appeal laid down thus the law in that behalf : 'under hindu law an illegitimate son (dasiputra) of a shudra can claim against a legitimate son of his father partition of property which was ancestral in his ..... learned advocate amicus curiae lor the plaintiffs.6. at the outset, i find that the learned assistant judge has erred in applying to this case the old hindu law of succession on the ground that plaintiffs nos. 1 and 2 were born prior to 1942. this, in my view, is an altogether wrong test .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... ) 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 ..... draw any 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 to associate ..... women and their capabilities to decide independently statutorily recognised, and the very reason for insisting upon such an authority or consent from the husband or the sapindas under the old hindu law having lost its basis and thereby ceased to be of any relevance or valid purpose whatsoever. in such circumstances, acceding to the submission to read into section 8 the ..... of his treatise on hindu law and usage said 'hindu law has the oldest pedigree of any known system of jurisprudence, and even now it shows no signs of decrepitude'.17. in mulla's hindu law, the oft-referred treatise on the subject, the text of manu and yajnavalkya, it has been quoted and declared that there are three main sources of hindu dharma or law i.e. (1 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1995AP166; 1995(1)ALT68
..... to the properties of the deceased and the rights and liabilities flowing therefrom were to be governed by the corpus juris of the sastric hindu law codified by dharma sastras and the commentaries thereon and also the judicial decisions in addition to any central or state legislations existing then. the three female heirs ..... at rest by the pronouncements of the supreme court as above. the learned advocate styles them as habituated expressions in the light of the shastric hindu law. his explanations appears to bear reality or at least probability. perhaps not only the decree-holder, defendant no. 5 or even buddamma were conscious ..... as to pass absolute estate to the alienee to the same extent as an alienation made by a full owner (page 223 of mulll's hindu law supra). even assuming that by virtue of the settlement deed, the rights of the decree-holder were lost in favour of defendant no. 1, ..... but this restriction on her powers is not one imposed for the benefit or reversioners but is an incident of the estate as known to hindu law.'thus the suit properties were the widow's estate of the decree-holder to the extent of her share having acquired the vested right with ..... including the decree-holder and defendant no. 5 were entitled to inherit to the suit properties left by atva nagireddy as the deceased died before hindu law of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1961AP131
..... husband is alive.'32. in our opinion, the right of a concubine to be maintained cannot be judged strictly on moral considerations or injunctions of hindu law or dharma. wo have just now stated why the text-writers or at any rate the commentators and the judicial decisions would have thought it fit to ..... (yoshit). the text of narada likewise relates to concubines; since the word there used is 'women' (stree); vide: cole-brocke's treatise on the hindu law of inheritance 335'.in pl. 7 vijnaneshwara, quoting narada says:'among broughts, if any one dies without issue or enters a religious order, let the rest of ..... who are excluded from the list of 'dependants', as a result of which such of the persons who were entitled to be maintained under the general hindu law would be deprived of their right.this, in our opinion, could not have been the intendment of these sections. in our considered opinion, these sections ..... effect.' in our opinion, it could only mean that it shall cease to be in force; in other words 'any text, rule or interpretation of hindu law' etc. in operation before the commencement of the act would no longer govern matters for which provision was made in the act. it has not the ..... the point raised on behalf of the appellants is that section 4 makes the act retroactive. it is said that whatever rights accrued to any person under hindu law, shall forthwith be extinguished by reason of section 4. this, according to the learned counsel, is the result, flowing from clause (a) of that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1996(4)ALT1138
..... question of personal law being outside the rigours of part iii of the constitution was pronounced in krishna singh's case ..... that though local and family custom, if proved to exist, will supersede the general law, the general law will in other respects govern the relations of the parties outside that custom.'in discussing in chapter 2 - sources of hindu law, the learned author says, the three main sources of hindu dharma or law are (1) the sruti (2) the smriti and (3) the custom. the ..... outside the ambit of article 13(2) though for reasons separately discussed. the learned judge pointed out that the foundational sources of both the hindu and mohammedan laws are their respective scriptural texts which, so far hindu law is concerned, are the srutis and smritis, which, in course of developments spreading over several centuries, were followed by several other texts and commentaries ..... wrong, yet it would not follow that personal laws are included in the expression 'laws in force' as neither hindu law nor mohammedan law is based upon custom or usage having the force of law though undoubtedly in both these laws custom is a source of law. but save except for the departures from the general rules of hindu law which are permitted on the ground of custom, .....Tag this Judgment!
Court : Allahabad
Reported in : (1980)16CTR(All)117; 125ITR102(All); 3TAXMAN472(All)
..... been expressed in bai vajia v. thakorbhai chelabhai : 3scr291 .16. this takes us to the consideration of the importance of custom in hindu law. there are three main sources of hindu dharma or law and they are : (1) sruti, (2) smriti and (3) custom. in the event of conflict between a custom and a text ..... what was a moral obligation in the ancestor becomes transformed into a legal obligation in his heir. the application of this principle in respect of the hindu law of the bengal school was recognised in the case of kamini dassee v. chandra pode mondle ilr  cal 373. it was emphasised in ..... later on. on the contrary on behalf of the respondent-assessee, sri r.k. gulati drew our attention to certain passages from mullet's hindu law and contended that the assessee was under a legal obligation to pay maintenance allowance to various relations mentioned above and certainly there was a charge created ..... that the allowance paid to rani amrit kunwar and rani jai devi were dependent on obligation arising from family custom and usage, from the provisions of hindu law and from the provisions of the u.p. zamindari estate act ? 2. whether, on the facts and in the circumstances of the case, and ..... of the smritis, the custom overrides the text (para. 15, mulla's hindu law). in the hindu system of law, clear proof of usage will outweigh the written text of. the law. .....Tag this Judgment!
Court : Chennai
Reported in : I(1988)ACC407
..... to its own conclusion as to whether that individual is speaking the truth or not. the court is only administering justice. dharma, according to hindu law, is something wide in its scope. it is not as if that particular aspect of hindu law has to be ignored while exercising the discretion by the court. the discretion exercised by the court should not be arbitrary or ..... court felt that there was something which is untoward in the contents of the same, it ought to have put some questions to the witness concerned, as per the procedural law of the land, namely, section 165 of the indian evidence act. under the circumstances, there is no justification for the observation of the tribunal in paragraph 5 and paragraph 6 ..... p.i.r. contains some infirmity, it does not mean that the same is a false document or created for the occasion. f.i r. is only to set the law in motion, and it is not expected to contain all the particulars. the tribunal seems to have been carried away by the f.i.r. wanting certain particulars. if the ..... the calculated plan that had been indulged by the witness, either by means or at the instigation of somebody and these aspects can well be discussed by a court of law when once there are suggestions in the cross-examination regarding those features the evidence emanating from the witness is some-thing like a figure that comes out a curve that .....Tag this Judgment!
Court : Kerala
Reported in : AIR1974Ker108
..... a son under hindu law this term is understood not merely as 'what is taken under a promise to pay' nor is the term understood with ..... ' is used in this context in english texts on hindu law as a synonym for the word 'rina' in the original sanskrit texts of hindu law. it is true that the term 'rina' is incapable of an exact translation into the english language like the terms 'sathya' or 'dharma'. when used in the context of pious obligation of ..... ancestral properties that were taken by venkiteswara mallan and his brothers under the partition deed of 1951. any property obtained by a person governed by the hindu mitakshara law from his ancestors must be ancestral property in his hands and the sons in the family will have right by birth to such property,4. ..... the technical limitations of that term in the common law of england. any liability of a hindu father would be comprehended within the term 'rina' or debt. may be that he has to pay arrears of rent of properties or ..... held that payment of future subscriptions would not be a debt and therefore it could not be contended that ext. p-2 was executed by a hindu father for discharge of his antecedent debts and for that reason sons are not entitled to challenge the document. of course, there is no plea that .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad571; 1953(I)MPLJ358
..... dancing girl community who adopt the hindu faith and hindu customs & manners must be treated as persons governed by the ordinary hindu law, but on account of the special kind of life led by them which is in important respects inconsistent with hindu dharma on which ultimately hindu law is based, they are governed largely by custom and usage often not ..... any particular case of disputed succession the general rules of hindu law may be applied by analogy as rules, of justice and ..... in consonance with hindu law. where there is no proof of a custom directly applicable to ..... right to succeed. but the learned judge was obviously faced with this difficulty, namely, that in the absence of custom he had to apply the general rules of hindu law. under the hindu law 'sapinda' relationship and propinquity were based on the legitimacy of the offspring.8. the result of the authorities above cited appears to be this that members of the .....Tag this Judgment!