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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: andhra pradesh Page 1 of about 7,833 results (0.065 seconds)

Oct 09 1996 (HC)

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

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, .....

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Dec 09 1994 (HC)

Atava Akkulamma (Died) Vs. Gajjela Papi Reddy

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 .....

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Jul 22 1960 (HC)

Ammireddi Ramamoorty (Died) and ors. Vs. Ammireddi Sitharamamma and or ...

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 .....

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Jan 02 1970 (HC)

J. Devaraja Rao and ors. Vs. Income-tax Officer, Anantapur and anr.

Court : Andhra Pradesh

Reported in : AIR1970AP426

..... the point raised purely in the light of ancient sanskrit texts.12. in : [1959]1scr1384 it was observed in paragraph 12 as follows:'in hindu law there are two mutually destructive principles, one the principal of independent coparcenary rights in the sons which is incident of birth, giving to the sons ..... according to mitakshara and will be referred to in this judgments as the text of usanas. the translations are according to ghosh in this book on hindu law.4. these passages and in particular the last mentioned one which uses the general expression 'hindi words' (na vyavaharikam) have been the subject of ..... due to the state. in the result he dismissed the writ petition. the same contention is reiterated before us in this appeal.3. under ancient hindu law as laid down by the 'smiritis' the non-payment of a debt was regarded as assign, the consequences of which follow the debtor even after ..... to the texts. in this connection it has to be remembered that these 'smritis also deal with religious and moral law. according to hindu conception 'dharma' is of widest significance and includes religious, moral, social and legal duties and can only be defined by its contents. the ..... hindu 'dharma sastra' therefore deal with religious and moral law as well as civil and criminal law. it is true that the smriti writers knew the distinction between 'vyavahara' or the like, the breach of which results in judicial proceedings, and the law in the widest sense. but having .....

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Jul 21 1960 (HC)

Kanyalal Motilal Karva Vs. Controller of Estate Duty, Hyderabad

Court : Andhra Pradesh

Reported in : AIR1961AP333; [1961]41ITR1(AP)

..... to its long stay in hyderabad state was deemed to have adopted the local customs and, as such, was governed by the madras school of mitaksham hindu law and (it) that a marwadi scholar well versed in hindu dharma opined that, according to the custom prevailing among marwadis, the mother was not entitled to a share on partition between the father and the sons ..... in the state at the time of their leaving it which continues to govern persons who have migrated to another state.' to a similar effect is the statement of law contained in mayne's hindu law. it is manifest that unless the revenue board has any material which would rebut that presumption it must be taken that they are still governed by the ..... local customs and manners. it is admitted by all the authorities that in south india, the rules of mitakshara law of allotting a share to the wife have long since become obsolete, vide mayne's hindu law (11th edition page 531) and mulla's hindu law (10th edition page 315). hence, the family of the deceased was taken to have been influenced by the local ..... was submitted on his behalf that the deceased belonged to the manvadi family, that marwadis were governed by the benares school of mitakshara hindu law and that, as per that school the wife of the deceased was entitled to a share. this makes it clear that there-was no admission by or on behalf of .....

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Sep 22 1965 (HC)

Rani Bhagya Laxmamma Vs. Commissioner of Wealth-tax, Andhra Pradesh.

Court : Andhra Pradesh

Reported in : [1966]62ITR601(AP)

..... of inam dastur-ul-amal (regulation) 1293 h. (1285f.) that in the case of hindu jagirdars, the succession was to be determined according to the rules of dharma sastras and the maash would be continued in the name of the heir entitled to succeed under the said law subject to the provision detailed therein. the proviso to section 15(b) of the said ..... raja sombhupal as karta of the undivided family of rani bhagya laxmamma of amarchinta samsthan. it is difficult to understand how an adopted son who, if the nations of ordinary hindu law are applied, is actually the head and karta of the joint family, is said to be the head and karta of the joint family of his mother. a mother can ..... .'their lordships of the supreme court observed that the view expressed by the madras high court is in accordance with the well settled principles of hindu law, while that expressed by the nagpur high court is in direct conflict with them, and that their lordships are clearly of the opinion that the madras view is correct.in ..... the cases, all that was decided therein was that the government has decided that in matters of succession the provisions of hindu law and mahommedan law shall also be taken into consideration and unless there is sufficient reason, the specific provisions of the personal law cannot be ignored. again in mudamba narasimhachari v. tellani ranganayakamma it was held that since the provisions of the .....

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Jun 06 2002 (HC)

Narayana Rao Patalay (Died) Per L.Rs. and 3 ors. Vs. Naresh Thapper an ...

Court : Andhra Pradesh

Reported in : 2003(6)ALD16; 2003(2)ALT110

..... in his classic judgment in monohar ganesh vs. lakshmiram (i.l.r. 12 bom. p.247) pointed out that 'the hindu law like the roman law and those derived from it recognizes not only corporate bodies with rights of property vested in the corporation apart from its individual members but ..... purpose' within the meaning of section 2(v) of chrie act. at pages 30 and 31 of p.b.mukharji on 'the hindu law of religious and charitable trusts', tagore law lectures, third edition, 1970 relied on by the learned senior counsel for revision petitioners, it is stated as follows:'under the roman ..... to seek eviction of the respondent from the building?5. point:the contention of the learned senior counsel for the revision petitioners is that since a hindu can create a charitable trust under a will, and can also dedicate property for a charitable purpose during his life time, and since dedication of ..... . 12 bom. 247, 263). there are a large number of decided cases where it has been held, that to constitute valid dedication of property by a hindu for religious or charitable purpose no document in ..... wishes to establish a religious or charitable institution may, according to his law, express his purpose and endow it, and the ruler will give effect to the bounty or at least protect it so far, at any rate, as is consistent with his own dharma or conception of morality (manohar ganesh vs. lakhmiram i.l.r .....

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Sep 22 1965 (HC)

Rani Bhagya Laxmamma Vs. Commissioner of Wealth-tax, Andhra Pradesh, H ...

Court : Andhra Pradesh

Reported in : AIR1967AP22

..... regulation) 1293 h. (1285-f) that in the case of hindu jagirdars, the succession was to be determined according to the rules of dharma sastras and the mash would be continued in the name of the heir entitled to succeed under the said law subject to the provision detailed therein. the proviso to s. 15b ..... kartha of the undivided family of rani bhagyalakshmamma of amarchinta samsthan. it is difficult to understand how an adopted son who, if the notions of ordinary hindu law are applied, is actually the head and kartha of the joint family, is said to be the head and karta of the joint family of his ..... lordships of the supreme court observed that the view expressed by the madras high court is in accordance with the well settled principles of hindu law, while that expressed by the nagpur high court is in direct conflict with them, and that their lordships are clearly of the opinion ..... was decided therein was that the government has decided that in matters of succession the provisions of hindu law & mohammed law shall also be taken into consideration and unless there is sufficient reason, the specific provisions of the personal law cannot be ignored. again in mudamba narasimhachari v. tellani ranganayakamma, 7 nazayar mal 871 it ..... was held that since the provisions of the hindu law are binding on the atiyat department, where a mash has been partitioned, the daughter of the last owner cannot be deprived of .....

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Feb 02 2006 (HC)

Merla Narayudu (Died) Per L.R. and anr. Vs. M. Bramaramba and anr.

Court : Andhra Pradesh

Reported in : 2006(2)ALT730

..... with a view to avoid giving the share to the plaintiff.the 1st plaintiff was married in or about the year 1967 at yendagandi according to hindu dharma and caste custom and thereafter she joined her husband late ammiraju and lived with him till his death in the year 1977. as the 1sl plaintiff ..... with equal rights to daughter in coparcenary property reads as hereunder:notwithstanding anything contained in section 6 of this act, -(i) in a joint hindu family governed by mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and ..... of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded notwithstanding anything contained in this act or any other law for the time being inforce, as property capable of being disposed of by her by will or other testamentary disposition;(iv) nothing in clause (ii) ..... property and they are deemed to be in joint possession of the property. if for any reason the court holds that different quantum of shares under law have to be allotted the respective sharers in the property, the plaintiffs are entitled to such shares together with future profits as determined by the court, ..... of their respective shares in the plaint a and b schedule properties and for delivery of plaint c schedule properties.the 2nd plaintiff is entitled under law to a share equal with that of a son in the coparcenary property left by her late father in respect of the plaint a and b .....

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Apr 04 2003 (HC)

Chintala Venkata Satyanarayana Rao Vs. Chintala Syamala

Court : Andhra Pradesh

Reported in : AIR2003AP322; 2003(3)ALD637; 2003(3)ALT577

..... filed the above petition under sections 13(1)(i), 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955, for dissolution of his marriage with the respondent alleging that his marriage with the respondent was solemnized according to hindu dharma sastras and caste customs on 4.5.1984 at tiruvuru. the marriage was consummated. appellant and respondent led ..... for him to live with her. 26. the father of respondent was financially very sound possessing lands, fields, houses, commercial complexes etc., at tiruvur and sattupally. brothers-in-law of respondent are also affluent persons having rice mills, whereas appellant and his family do not have any property except a house at laxmipuram which is a residential house. the ..... non that the petitioner must show that respondent's allegations are false and, therefore, they amount to 'mental cruelty' towards him.' there is no doubt about the above proposition of law. this court in vegi jagadesh kumar v. mrs. v. radhika, : 2000(1)ald76 (db), has explained 'desertion' and 'cruelty' after referring to a number of decisions. in paras ..... marital life at vijayawada for sometime and thereafter petitioner got employment as assistant professor in vasavi engineering college, hyderabad. therefore, they shifted to hyderabad in the month of march/april, 1985. during their lawful wedlock, they were blessed .....

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