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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: punjab and haryana Year: 2000 Page 1 of about 71 results (0.056 seconds)

Sep 28 2000 (HC)

Sukhdev Singh Vs. Chhinder Pal Kaur

Court : Punjab and Haryana

Decided on : Sep-28-2000

Reported in : II(2001)DMC172

..... d.b. of the bombay high court reported as 1987(2) hindu law reporter 343 : air 1987 bombay 182. mr. brar, learned counsel for the respondent further submits (hat the case which has been relied upon by the learned counsel for the petitioner ..... including that of the judgment of the hon'bte supreme court reported as 1993 air scw 2548 : 1994(1) rrr 574 (sc), smt. chand dhawanv. jawahar lal dhawan, 1993(2) hindu law reporter 203. the counsel for the respondent submitted that the judgment of this i ligh court, namely, devinder singh's case (supra) is again based on a judgment of the ..... custom cannot be accepted. by reasons of the overriding effect of the act as mentioned in section 4, no aid can be taken of the earlier hindu law or any custom, or usage as apart of that law inconsistent with any provision of the act. such a marriage cannot also be said to be voidable by reference to section 12. so far as ..... act. since those proceedings are under this act, therefore, she had the locus standi to file the petition under section 24 of the hindu marriage act.15. here, i consider my duty to discuss the case law which has been relied upon by the counsel for the petitioner. the star judgment relied upon was air 1988 s.c. 644, smt. yamunabai's .....

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Jan 25 2000 (HC)

Smt. Joginder Kaur Vs. Huf of Kidar Nath and Sons and ors.

Court : Punjab and Haryana

Decided on : Jan-25-2000

Reported in : (2000)125PLR573

..... eviction could not be passed. the plea of the petitioner that proceedings for eviction should be stayed was also repelled.5. aggrieved by the same, hindu undivided family of kidar nath and sons preferred and appeal. the learned appellate authority had set aside the findings of the learned rent controller and concluded ..... not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and person claiming under ..... in its true sense. he can be in possession as a tenant but cannot become its owner, unless the agreement of sale was proved according to law and he actually purchased the property, i.e. house and other things, the defendant-respondent continues to be a tenant and that he has committed ..... as to how the status of a tenant was converted to be matured into the status of absolute rights of an owner. a substantial question of law is, in my opinion, involved and the same has incorrectly been decided by the lower appellate court. the decree of the lower appellate court, therefore ..... this term and previous litigation could be that tenancy was to continue and it could be terminated or eviction could be there in due course of law, especially when injunction suit was dismissed and the present landlords claim that they have become owners of house no.l 14 by way of the .....

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Jul 06 2000 (HC)

Smt. Kasturi Devi and anr. Vs. Harbant Singh and ors.

Court : Punjab and Haryana

Decided on : Jul-06-2000

Reported in : AIR2000P& H271

..... delivery of possession in execution of a decree for injunction passed in a suit for mandatory injunction to vacate the disputed premises was not justified. the law laid down in this authority would not apply to facts of the present case, where the court had passed a decree for prohibitory injunction and ..... balbir singh and defendant no. 4 om parkash from interfering in the possession of harbant singh plaintiff over the suit land except in due course of law.9. in the present case, it is not disputed before me that at no point of time harbant singh plaintiff was dispossessed from the suit land ..... of the land in question. reliance has placed on 1993 (2) cur lj 116, harbans singh v. daulat ram. reliance was also placed on the law laid down by this court in civil revision no. 315 of 1999, om parkash v. harbant singh etc. on 21-1-1999. reliance was also placed ..... the pendency of the said execution petition, om parkash defendant--judgment-debtor filed objections in the said execution petition, alleging therein that he was the lawful owner and in possession of land in dispute since 31-1-1989 on the basis of the sale deed and that harbant singh decree-holder had ..... singh and om parkash and they were restrained from interfering into the cultivating possession of the plaintiff over the suit land except in due course of law. subsequently harbant singh decree holder moved execution petition dated 18-12-1995 against balbir singh and om parkash defendants (judgment-debtors), alleging therein that after .....

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Mar 24 2000 (HC)

Muni Lal and ors. Vs. Lekh Raj and ors.

Court : Punjab and Haryana

Decided on : Mar-24-2000

Reported in : (2000)125PLR477

..... . the facts in the present case, on the contrary, indicate that the respondents are brothers. even if it is not shown that they were carrying on the business as a hindu undivided family, necessarily is not an inference, in the absence of any other factor, that it would be a case of subletting. once the tenant is in legal possession then ..... have been sublet to respondents no.2 and 3 or not must be stated that the respondents failed to show that, in fact, they were carrying on the business of hindu undivided family.8. on behalf of the petitioners, strong reliance was placed on the decision of this court in the case of smt. sita devi v. chaman lai and another ..... 3 the learned counsel for the petitioners urged that the plea of the respondents before the learned rent controller was mat the respondents are carrying on the business as a hindu undivided family. but the same had not been shown. in fact, respondent no.1 was shown to be doing the business somewhere else and thus, inference of subletting of the ..... property had been sublet to respondents no.2 and 3. respondents no.2 and 3 were stated to be the real brothers of respondent no. 1. they formed a joint hindu family to the full knowledge of the petitioners. it was asserted that they were running the cloth business in the suit premises. it was denied that the condition of the .....

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Oct 31 2000 (HC)

Gurbachan Kaur Vs. Union of India

Court : Punjab and Haryana

Decided on : Oct-31-2000

Reported in : I(2002)ACC666; 2002ACJ666

..... (chint kaur and another v. union of india and others), both of 1985 as both the appeals have arisen from the award dated 18.5.1985 and common questions of law and facts are involved. one claim petition has been filed on behalf of gurbachan kaur widow of santokh singh, deceased and the other has been filed by chint kaur, mother ..... disputed that the act of driving the vehicle in bringing back the officers from the place of exercise to the college of combat is not an act which cannot be lawfully exercised except by a sovereign or a person by virtue of delegation of sovereign rights. there is no dispute with the proposition of ..... law laid down in the d.b. decision. another authority cited was that of a decision of rajasthan high court, wherein a truck driver engaged in the famine relief work was .....

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Mar 06 2000 (HC)

Rajpal Singh Vs. Surinder Kaur and ors.

Court : Punjab and Haryana

Decided on : Mar-06-2000

Reported in : I(2001)DMC625

..... intention to grab the property of gurbachan singh. even otherwise, the adoption deed is void in view of the provisions as contained in section 17 of the hindu adoptions and maintenance act. even on 31.7.1985, shri gurbachan singh cancelled the illegal adoption deed by executing the document. on that very day, ..... coming to the house of their father along with their children. the last rites of gurbachan singh were also performed by shri kuidip singh, son-in-law, who placed on record the receipt ex. d.w. 15/a which was obtained from gurdwara keshgarh sahib after immersion of the last remains of the ..... ex. p5 is rebuttable presumption which stands rebutted and this section 16 of the act ibid runs inter alia :'whether any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the ..... such evidence has been produced on record that the deceased gurbachan singh was never served by his daughters. even otherwise, it is basic principles of civil law that the plaintiff has to prove his own case but when from the evidence led by the appellant, it is proved that this adoption was a ..... no. 1 also remained with gurbachan singh since deceased. the last rites of gurbachan singh since diseased were performed by him along with his sisters-in-law. he has also proved the receipt ex. d.w. 15/a which was obtained from gurudwara keshgarh sahib after immersion of last remains of deceased gurbachan .....

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Jul 25 2000 (HC)

Sumitar Kaur Vs. General Public and Another

Court : Punjab and Haryana

Decided on : Jul-25-2000

Reported in : I(2001)DMC592

..... come on record that sumitar kaur married waryam singh in the year, 1971 i.e. much after the coming into force of the hindu marriage act. marriage is a status recognized by law. staying of man with a woman and treatment by him of her that she is his wife is not sufficient if she is ..... against amar kaur by judgment passed in that suit based on compromise, as there can be no estoppel against the provision of statute (in this case hindu marriage act).14. the view that compromise decree stops litigation between parties just as much as a judgment resulting from a decision of court at the end ..... section 494 and 495 of the indian penal code, 1860 (45 of1860), shall apply accordingly.'it is thus clear that taking of another wife by a hindu during the subsistence of his marriage with his previous wife is void. admission of amar kaur in compromise in a suit for declaration and permanent injunction filed by ..... fulfilled, namely: (i) neither party has a spouse living at the time of the marriage; (ii) to (v) xxx xxx xxx.' section 17 of the hindu marriage act lays down as follows:'17. punishment of bigamy - any marriage between two hindus solemnized after the commencement of this act is void if at the time of ..... marriage with amar kaur. it was not necessary that the marriage of amar kaur should have been dissolved by a decree of divorce under the provisions of hindu marriage act, if waryam singh were to take sumitar kaur as his wife, he could take sumitar kaur as his wife if his marriage with amar .....

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Feb 23 2000 (HC)

Makhan Singh and anr. Vs. Achhar Singh and ors.

Court : Punjab and Haryana

Decided on : Feb-23-2000

Reported in : (2000)126PLR65

..... abeyance. moment the death of harbans singh is presumed and inferred, his succession has to go to his legal heirs according to law and according to shares specified in the hindu succession act. in this manner, plaintiff no. 1 will only get l/3rd share in the property of harbans singh. rather ..... case. as i have already stated above that the plaintiffs are to establish that harbans singh had either died somewhere before the enforcement of the hindu succession act or after the death of gurbachan kaur. on both these scores they have failed.15. the second submission raised by the learned counsel ..... first argument of mr. sarin is hereby rejected and repelled that it should be inferred that harbans singh either died before the enforcement of the hindu succession act or after the death of gurbachan kaur. it was necessary on the part of the plaintiffs to establish by leading direct or circumstantial ..... counsel for the contesting respondents submitted that it will be inferred in the present case that harbans singh had died after coming into force of the hindu succession act and seven years prior to the date of filing the application by the parties before the revenue authorities on 10.3.1983. meaning, ..... land? opp 1-a. whether plaintiff has become owner by way of adverse possession? opp 1-b whether harbans singh died before coming into force the hindu succession act as alleged, if so, its effect? opp1-c. whether the plaintiff has taken contradictory pleas in that plaint, if so, to what effect .....

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Jan 28 2000 (HC)

Balwinder Singh and ors. Vs. Amar Kaur

Court : Punjab and Haryana

Decided on : Jan-28-2000

Reported in : I(2001)DMC47

..... agree that sub-section (2) of section 14 of the act is an exception to section 14(1). it is the basic principle of law that a hindu woman has a right of maintenance qua her husband in the property held by her husband meaning thereby, that amar kaur had a pre-existing right ..... the hon'ble supreme court in vaddeboyina tulasamma and ors. v. vaddeboyina sesha reddi, air 1977 sc 1944, where it was held that where a hindu female acquires property under compromise in lieu of satisfaction of her right of maintenance, though the compromise may prescribe her as a limited owner, still the ..... 1979, the plaintiff got the property for the first time for her maintenance only and, in these circumstances, the provisions of section 14(2) of the hindu succession act (hereinafter called 'the act') will not apply. she could only enjoy the fruits of the land measuring 24 bighas but the intentions of ..... repel the above arguments of the learned counsel for the appellant my attention was drawn to sub-section (2) of section 14 of the hindu succession act by the learned counsel for the respondents. by referring to the provisions of sub-section (2) learned counsel for the respondents has argued ..... for the appellant has contended that the case of the plaintiff is fully covered by the provisions of sub-section (1) of section 14 of the hindu succession act, 1956, as she acquired the property under compromise decree in lieu of her pre-existing right of maintenance. he has placed reliance upon the .....

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Jan 18 2000 (HC)

Smt. Santosh Rani and anr. Vs. Nand Lal and ors.

Court : Punjab and Haryana

Decided on : Jan-18-2000

Reported in : (2000)125PLR175

v.s. aggarwal, j1. the present revision petition had been filed by smt. santosh rani and another (hereinafter described as 'the petitioners') directed against the judgment of learned appellate authority, sirsa dated 10.12.1982. by virtue of the impugned judgment, the learned appellate authority set aside the order as passed by the learned rent controller. instead the petition for eviction was allowed and the petitioner was granted two month's time to vacate the premises.2. the relevant facts are that the respondents had preferred a petition for eviction with respect to the suit premises. it was asserted that the suit property had been let to ravinder kumar at a monthly rent of rs.500/-. the grounds of eviction pressed were that the tenant has failed to pay arrears of rent from 1.7.1977 and that the said tenant has sublet the premises to kishan lal and santosh rani (petitioners in the present revision petition). in the reply filed, the alleged tenant ravinder kumar stated that he was a tenant in the suit premises till 30.6.1977 at a monthly rent of rs.325/-. thereafter the possession was handed over by him to the landlord. the shop was pleaded to have thereafter let to kishan lal. the petitioners in their reply alleged that they were the tenants in the property at a monthly rent of rs.l00/- from 1.4.1977. there was a partnership styled as om traders. ravinder kumar was one of the partners. after he and her mother retired from the partnership, the petitioners continued the .....

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