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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: punjab and haryana Page 1 of about 5,491 results (0.060 seconds)

Jan 20 1972 (HC)

D.A.V. College, Hoshiarpur Society, Hoshiarpur Vs. Sarvada Nand Anglo ...

Court : Punjab and Haryana

Reported in : AIR1972P& H245

..... that the will of the last acharya is null and void. (2) a declaration that being the nearest relative of the deceased acharya, he is according to the dharma shastras and principles of hindu law entitled to be the acharya in his stead and that he has been placed on his seat by the eldest wife of the late acharya and sadhus of ..... learned counsel for the defendant-committee, however, urged that the view taken in kunj bihari's case, (1904) ilr 28 bom 567 (supra) was not a correct view of the law and that a full bench of the madras high court in kandaswami v. vagheesam, air 1941 mad 822(fb) considered that case and dissented from the same, observing at p ..... -society to amend the plaint in order to remedy the defects pointed out and to pay a proper court-fee and thereafter to proceed with the case in accordance with law. against this order of the learned single judge, the plaintiff-society has filed l. p. a. no. 122 of 1966 and the defendant-committee has filed l. p. a. no .....

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Feb 27 2008 (HC)

Mihan and anr. Vs. Inder and anr.

Court : Punjab and Haryana

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previously governed by hindu law or customary law and to that extent both hindu law and customary law stood modified or repealed, as has been declared by section 4 of the succession act.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 ..... 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 ..... act. hon'ble the supreme court has recognized the application of these principles in numerous judgments. in that regard reliance may be placed on two judgments in the cases of dharma shamrao agalawe v. pan-durang miragu agalawe : [1988]2scr1077 ; and sheela devi v. lal chand : (2006)206ctr(sc)149 . however, more pronounce statement of these principles as recognized by ..... issue, it passes to his heirs by succession.it went on to observe that there is no dispute in regard to the aforementioned propositions of law and also placed reliance on the judgments in the cases of dharma shamrao agalawe (supra) and sheela devi (supra) [c.f. commissioner of wealth tax v. chander sen : [1986]161itr370(sc) and makhan singh v. .....

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Dec 27 1954 (HC)

Ram Gopal Dula Singh Vs. Sardar Gurbux Singh Jiwan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1955P& H215

..... was affirmed by their lordships of the privy council.45. besides, if this agreement was allowed to be enforced it would be defeating the hindu law because it would come to this that although expectations cannot be transferred in praesenti or in futuro; a person may bind himself to bring about ..... not be transferred to an outsider, nor could such an outsider challenge a widow's alienation.the learned judge also said that the principles of hindu law have some bearing on the point as also the principles which underlie the transfer of property act, and reid j. specifically held that the ..... its date the rcversioner had no interest capable of transfer but merely an expectancy, said:'it cannot be disputed that, according to the ordinary hindu law, this is the true view.' and the widow did not succeed in getting possession of the half estate although the reversioner had come into ..... ', air 1922 pc 403 (n), their lordships posed the question (at p. 192) whether, either under the transfer of property act or under the hindu law applying to purchases of expectations of inheritances, there is any ground upon which these contracts can besupported, and their lordships answered this question in the following words ..... predecessor-in -interest.14. thus what was transferred was a right of expectancy or 'spes successionis' which both in accordance with the principles of hindu law as well as under the transfer of property act, section 6(a) is non-transferable. but then it is contended in appeal before us that .....

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Jul 28 1964 (HC)

Gurdip Kaur Vs. Ghamand Singh Dewa Singh

Court : Punjab and Haryana

Reported in : AIR1965P& H238

..... whether the defendant in the instant case is possessed of any co-parcenary property or not ?' . he the proceeds to say-' the words 'co-parcenary' is a creature of hindu law and a hindu co-parcenary body is a much narrower body than the joint family. it in only those includes only those persons who acquire by birth an interest in the joint ..... passing of the act, the legislature fully knew the meaning of the expression 'co-parcenary property' which is a technical term and occurred very frequently in the hindu law. there are two schools of hindu laws mitakshara and dayabhaga according to the former, co-parcenary property is synonymous with joint family property. the joint family property may be divided according to the source from ..... distinction known under custom was that of ancestral property and non-ancestral property. there is also some distinction between the ancestral property as it is known under hindu law and its notion under customary law under customary law the property held by a common ancestor alone could be termed as ancestral property and all other property which cannot be is non-ancestral. on the ..... . necessity of taking resource to its dictionary meaning. even the counsel for both the parties have not argued the dictionary meaning should be imported applying the definition as given in hindu law it means that the 'co-paracenary property' consists of (1) ancestral property (2) joint acquisition (3) property thrown into the common stock and (4) accretions to such property.the .....

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Dec 01 1975 (HC)

Pritam Singh Vs. Assistant Controller of Estate Duty

Court : Punjab and Haryana

Reported in : [1976]103ITR661(P& H)

..... jats, gujars, rajputs, sainis, ahirs etc., were governed by agricultural custom and the mere fact that the custom was abolished would not go to show that they are governed by hindu law. he also argued that the concept of coparcenary is not known to custom and that custom could not be given up by mere declaration to that effect by any person ..... of caste were the grounds of exclusion from inheritance, but these disabilities ceased after the passing of the caste disabilities removal act, 1850: vide para. no. 97 of mulla's hindu law. according to para. no. 98 of that book, blindness, if it is congenital and incurable, lunacy, if it existed at the time when the succession opened, idiocy, leprosy, if it ..... -coparcenary......' section 39: '(1) the value of the benefit accruing or arising from the cesser of a coparcenary interest in any joint family property governed by the mitakshara school of hindu law which ceases on the death of a member thereof shall be the principal value of the share in the joint family property which would have been allotted to the deceased ..... ancestral property, (3) separate property of coparceners thrown into the common coparcenary stock, and (4) accretions to such property. the ancestral property under hindu law as defined in para. 223 of mulla's hindu law means property inherited by a male hindu from his father, father's father, or father's father's father. the essential features of ancestral property according to the mitakshara school .....

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Feb 15 1991 (HC)

Jawahar Lal Vs. Chand Dhawan

Court : Punjab and Haryana

Reported in : I(1992)DMC82

..... (1287) dmc 72 and harcharan singh v. nachhattar singh, (1987) 2 hindu law reporter 184=11 (1987) dmc 305.5. on the other hand, the learned counsel for the respondent submitted that the word 'decree' in section 25 of the act, means the ..... of civil procedure, (hereinafter called the code). in support of the contention, the learned counsel relied upon smt. swaran lata v. sukhvinder kumar, 1986(1) hindu law reporter 363;= =ii (1986) dmc 181 silla jagannadha prashad alias ramu v. silla lalitha kumari, 1988(1) hindu law reporter 26=i (1988) dmc 319 (db) and manilal veltj ganger v. smt. bhanumati manjlal ganger, 1987 (1 ..... v. shabti lal, 1989 (1) hindu law reporter 110; ranganatham v. shyamala, 1990(1) hindu law reporter 474; vinod chandra sharma v. rajesh pathak, a.i.r. 1988 allahabad 150= ii ..... have been passed in support of the contention, reliance was placed on sushma v. satish chander, (1984) 86 punjab law reporter delhi 16; durga dass v. smt. tara rani, 1971 punjab and haryana 141 (f.b.); guriant singh v. nachhattar kaur; 1981 hindu law reporter 246 (f.b.); gurcharan kaur v. ram chand, a.i.r. 1979 punjab and haryana 206; sarda bai .....

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Mar 24 1948 (PC)

Mt. ParvIn Kumari and ors. Vs. Gokal Chand Rala Ram

Court : Punjab and Haryana

Reported in : AIR1949P& H35

..... already pointed out, the suit property would be described as 'istridhan' and the rule of succession governing this kind of property is 'laid down in section 147 of mulla's hindu law. it is mentioned that for the purposes of succession, the mitakshra divides stridhana into two classes, namely, (1) sulka which is defined as a gratuity for which a girl is ..... jewellery, cannot be regarded as her special property within the meaning of the above paragraph, but it would certainly be her istridhan in the sense the term is understood in hindu law. the learned counsel for the appellants contended that even so succession in respect of it cannot be governed by para. 270, because the very wide rule enunciated therein is not ..... .' though wife's special property is defined in para. 272, no definition of the term 'istridhan' is given. of course the term is well-known in hindu law and according to section 113 of mulla's hindu law, it is of six kinds, namely: (1) gifts made before the nuptial fire or gifts made at the time of marriage before the fire. (2) gifts ..... her in the presence of her daughter, parwin kumari. for the decision of this question we shall first have to determine whether the plaintiff and his family were governed by hindu law or custom. it is not denied that the plaintiff is a rajput and the rajputs are one of the predominant statutory agricultural tribes of the district. by referring to the .....

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Jan 31 1977 (HC)

Mst. Parmeshwari (Deceased) Represented by Her Legal Representatives V ...

Court : Punjab and Haryana

Reported in : AIR1977P& H141

..... owners of property and not widows only. equally it has within its ambit property which was known as stridhan (with wide end variegated fetters thereon according to different schools of hindu law) as also property inherited by a female heir from female predecessors-in-interest and also that inherited from relations other than the husband. therefore, the specious argument sought to ..... sources apart from the principal and the expressly enumerated ones.here again the end result in view was to confer absolute ownership as against the limited ownership under the preexisting hindu law.20. indeed it appears to me that the reliance on the language of the different clauses of the explanation ultimately boomerangs on the construction canvassed for on behalf of ..... wherever and howsoever existing. reliance was placed on the individual clauses of the explanation in an attempt to show that these did not necessarily refer to the known concepts of hindu law but were intended to confer absolute ownership irrespective thereof.11. herein reliance was first placed on the following words in the explanation to sub-section (1) of section 14 ..... existing concepts of stridhana exhibited so great diversity of doctrine on the point that it was no easy task to predict the precise legal position under the various rules of hindu law. the ancient texts attempted to enumerate the different heads of stridhana without any comprehensive definition, and with respect it may be stated that the later commentators did not, in .....

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Jun 23 1952 (HC)

Kishori Lal Vs. Beg Raj and ors.

Court : Punjab and Haryana

Reported in : AIR1952P& H387

..... any alienation made by him. the courts below in fact seem to have proceeded on the basis that the plaintiffs are reversioners.4. the term 'reversioner', however, is used in hindu law to describe the heirs of the last full owner entitled to succeed to the estate of such owner on the death of a widow or other limited heir, and clearly ..... , but i do not think the scope of the section can properly be extended beyond this. i myself am not aware of any instance in which an heir, whether a hindu or anyone else, has claimed a right to interfere with and control the dealings with property of the full owner to whom the plaintiff hopes to succeed.6. on the ..... of the applicability of section 42 alone. however this may be, it is impossible on the view i take to permit a decree to stand which is not authorised by law. i think therefore i must accept this appeal and set aside the decrees of the courts below and direct the suit to be dismissed. parties to bear their own costs .....

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Mar 10 1998 (HC)

Mehta Furnisher and anr. Vs. Haryana State Industrial Development Corp ...

Court : Punjab and Haryana

Reported in : (1998)119PLR446

g.s. singhvi, j.1. whether the decision of the haryana state industrial development corporation (for short 'the corporation') to cancel the letter of intent issued in favour of the petitioners is legal and justified is the only point which requires adjudication in this petition.2. there is no dispute between the parties that the corporation issued letter of intent (l.o.i.) dated 18/23.1.1995 to the petitioner no. 1 in respect of plot no. 119 situated in industrial estate, barwala, for setting up a unit to manufacture furniture with an option to implement the project out of its own resources or by availing term loan from a financial institution. the petitioner no. 1 opted for the second alternative as would appear from the letter annexure-p.3 dated 20.2.1995 written by its partner shri o.p. mehta to the estate officer. when the period of nine months stipulated in the letter of intent was going to expire, the senior manager of the corporation wrote letter dated 9/11.10.1995 requiring the petitioners to complete the formalities of l.o.i. on or before 24.10.1995 or seek extension for a maximum period of three months by remitting extension fee @ rs. 1/- per sq. meter per month. in reply, partner of the petitioner no. 1 wrote letter annexure-p.5 dated 26.10.1995 and informed the authorities that the funds will be made available from the sources of the partners and there would be no occasion to approach the bank/financial institution. simultaneously, a request was made for extension .....

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