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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: rajasthan Year: 2000 Page 1 of about 98 results (0.023 seconds)

Nov 17 2000 (HC)

Wto Vs. Durlabhlal Sewalal Yagnik

Court : Rajasthan

Decided on : Nov-17-2000

Reported in : (2001)71TTJ(NULL)20

..... on other members of coparcenary by survivorship and does not pass to his heirs by succession.12.2. we may, in short, also mention here that under dayabhaga school of hindu law, which prevails in bengal, the sons do not acquire an interest by birth in ancestral/joint property. their rights arise for the first time on fathers death whereupon they take ..... in their fathers lifetime, so during fathers lifetime there can be no coparcenary in the strict sense of the word between a father and sons under dayabhaga school of hindu law. under this school of law it is only on the death of father leaving two or more male issues that a coparcenary, for the first time, comes into existence.13. a 'joint ..... that it is presumed that an huf never comes to an end. he has contended that huf is governed by hindu law and a company is governed by company law and machinery is provided in those laws. he has contended that according to hindu law the assessees huf was very much existing and the sole surviving member durlabhlal continues to constitute huf.8. we have considered ..... , under the mitakshara school, does not include any female person as a 'coparcener' or as a 'coparcener member' of the coparcenary. under the mitakshara school of hindu law, neither the female members of the family become members (coparceners) of the coparcenary nor do they acquire any right of ownership in the coparcenary property, nor do they have any .....

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Feb 23 2000 (HC)

Raj Gajendra Singh and Others Vs. Board of Revenue for Rajasthan, Ajme ...

Court : Rajasthan

Decided on : Feb-23-2000

Reported in : 2000(4)WLC689; 2000(3)WLN304

..... in the land holders or can be treated as a separate unit or that such 'not dependent' person can be deemed to have a separate share under the hindu law or coparcenary law under the ceiling law. the succession act, 1956 has taken care of this aspect in section 4(2). it is immaterial to say that the land as entered on the notified ..... had held as under:(i) the concept of the term 'family' in chapter iii-b is not to be connected with the term 'joint family' as known to be in hindu law. (ii) chapter iii-b governs all persons irrespective of their religion or community. (iii) the lands may be held by hindus or persons belonging to other, religious and all of ..... and other communities. (v) therefore, the expression 'family' used in part iii cannot be equaled to or connote an undivided family as known to the hindu law or that after partition had taken place in respect of a 'hindu family'. (vi) the term 'family' under chapter-iii does not treat the children or grand children, who are not dependent, as members of the ..... the share of land of such member who is a constituent of the family. while deciding a ceiling mailer under the old ceiling law, the concept of 'family' contained in section 30-b should not be treated as hindu undivided family and this distinction must be kept in mind, and that the definition of the term 'family' given under the act has .....

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Sep 13 2000 (HC)

Smt. Roop Raj Laxmi Vs. the Sub-divisional Officer and ors.

Court : Rajasthan

Decided on : Sep-13-2000

Reported in : 2001(4)WLC533; 2007(3)WLN469

..... the division bench that the concept of the term 'family' in chapter iii-b is not to be connected with the term 'joint family' as known to be in the hindu law and that chapter iii-b governs all persons irrespective of their religion, creed or community and that the lands may be held by hindus or persons belonging to other religions ..... a 'hindu family, there cannot be a 'family' consisting of the husband, wife, their children and grand children being dependent on them and widowed mother of ..... of them are equally governed by the provisions of the ceiling law. the concept of joint family is totally foreign to the personal laws of muslims, christians and other communities and, therefore, the expression 'family' used in part iii cannot be equated to or connote an undivided family as known to the hindu law or that after partition had take place in respect of ..... act shall have no effect on the term 'family' contained in chapter iii-b of the old ceiling law under the tenancy act in view of sub-section (2) of section 4 of the hindu succession act.5. it is necessary to understand the controversy raised in the present writ petition and the facts which are as under:6. the original khatedar .....

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Sep 15 2000 (HC)

Vijay Shanti Edu. Trust Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Sep-15-2000

Reported in : 2001(4)WLC345; 2001(1)WLN191

..... is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed.57. thus, legislative enactments affecting personal matters, which ..... from hindu religion.82. likewise madras high court too found jains to be distinct religious community having minority ..... 81. the court also opined about jainism as different religion from hindu religion:in my opinion considering the decision in air 1972 sc 2119 and also of the specific mention of jains both in the hindu law as well as in the various acts such as hindu marriage act, hindu adoptions and maintenance act, hindu succession act etc. jain shwetamber terapanthi sect profess a faith different ..... make a deeming provision for the purposes of treating buddhist, jains and sikhs to be hindus for the purposes of those enactments.56. in the hindu succession act, the hindu marriage act, hindu adoption and maintenance act and hindu minor and guardianship act, the parliament was categorical in making a legal fiction in respect of jains to be deemed hindus while determining the application .....

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Feb 09 2000 (HC)

The Ganganagar Sugar Mills Ltd., Sriganganagar and anr. Vs. M/S. Madan ...

Court : Rajasthan

Decided on : Feb-09-2000

Reported in : 2000(4)WLC506; 2000(3)WLN113

..... bargaining by the manufacturer to limited extent, and has thus enriched himself at the expense of plaintiff to the extent excess price recovered from the plaintiff was 'contrary to law'.(34). it may be seen that provisions under chapter v of contract act only gives some of the instances of obligations arising from certain circumstances, not arising from contract ..... kishore & ors. vs. stale of madhya pradesh (8). the court traced that development of principle underlying action for 'money had and received' for the plaintiff's use in english law into more legalistic based modern principle 'restitution of unjust enrichment'. (31). the court laid down that; the principle of unjust enrichment requires, first, that the defendant has been enriched by ..... such obligation, to get it enforced. this is amply clear from sustaining the maintainability of claim to restitution of an undue advantage taken of the plaintiffs' situation, contrary to laws made for protection of persons under circumstances from the statement of principle in mose's case. in the absence of any specific mode prescribed for enforcement of such obligation by ..... of the contract act only provides certain instances in which such principle of restitution on equitable doctrine has been statutorily recognised. it does not detract from remedy available under civil law on conditions of such action being fulfilled in the absence of any legal prohibition. (27). the principle that wherever a person has wrongfully paid money, he may have it .....

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Nov 24 2000 (HC)

Paras Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-24-2000

Reported in : 2007(2)WLN567

..... granted, fall within the area outside the jurisdiction of the jaipur-bench.10. we have heard the learned counsel for the parties at length and have gone through the case law cited on behalf of both the sides.11. let us first deal with the preliminary objections raised on behalf of the respondents.12. the first preliminary objection raised was that ..... v.s. kokje, j.1. as these four petitions involve common questions of law and the facts involved in the petitions are also almost identical, they were heard together and are being decided by this common order.2. the petitions relate to the contracts .....

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Nov 28 2000 (HC)

Basant Nahata Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-28-2000

Reported in : 2001(1)WLC433; 2001(1)WLN226

..... by winfield as 'a principle of judicial legislation or interpretation founded on the current needs of the community' (see percy h. winfield', 'public policy' in english common law,' 42 harvard law rev. 76). now, this would show that the interests of the whole public must be taken into account; but it leads in practice to the paradox that in ..... , which is not required to be compulsorily registrable is executed and not offered for registration shall remain operative and valid, authority exercisable under it shall depend on ordinary law of proving the execution of document and its genuiness, notwithstanding it is for a period exceeding the period mentioned in the notification and notwitstanding it has been executed in ..... registered which is compulsorily registrable. likewise such completion of modulities will by itself not make the transaction valid or conducive to public policy, if it is otherwise opposed to law.52. if a document is compulsorily registrable and not registered, the document and transaction contained therein will remain inoperative, and the document itself inadmissible in evidence to establish ..... or not, on presentation, is not a legislation dealing with substantive provisions dealing with rights of the persons. the fact that non-registration of a document which under law is compulsorily registrable results in consequences having the effect on admissibility of such document in evidence as proof of such transactions or renders the transaction incomplete, cannot inhere in .....

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Apr 26 2000 (HC)

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Decided on : Apr-26-2000

Reported in : 2000(2)WLN635

..... court, the senior member shall be the presiding officer. section 83 provides that general security force court or the petty security force court is to be attended by the law officer. a law officer is attached to the force court. he is supposed to maintain an attitude of impartiality. prosecution and defence both are entitled to his opinion. section 84 provides ..... concerned, perfection has been attempted by developing, devotion and dedication so as to rule out the possibility of an intention other than the intention to accomplish what is permitted by law. perfection in the matter of acquisition of information necessary for taking a right action has been attempted by observations, experiments, discoveries, research and use of most reliable and valid ..... established and for good reasons that mens rea is necessary ingredient of an offence, though, in a limited number of cases, and, in cases of minor offences, the common law rule may admit exceptions, if established either expressly or by necessary implication.28. ascertainment of general principle, is not the end of the exercise necessary for answering the question whether ..... to victimise innocent persons but to regulate the conduct of the citizens by imposition of duties, either expressly or by necessary implication. the penalty which is provided by the penal laws, at the lower plane, regulates the conduct by conditioning. when the offender committing offence is punished, he learn to avoid commission of such offences. at the higher plane of .....

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May 19 2000 (HC)

Smt. Pramila Bhatia Vs. Vijay Kumar Bhatia

Court : Rajasthan

Decided on : May-19-2000

Reported in : I(2001)DMC251; 2000(3)WLC496; 2000(3)WLN330

..... cases, it is said that the marriage between the parties has irretrievably been broken even if the ground for divorce u/s. 13 of the hindu marriage act are not established. the performance of the duties and observance of certain taboos necessary for creating and perpetuating the relationship of husband and wife ..... all be relevant.'(12). the hon'ble supreme court further considered the amendment brought in 1976 and observed:'the change of law brought about by the hindu marriage laws (amendment act), 1976 deserves notice. prior to the said amendment act, cruelly was not a ground for claiming divorce under the ..... granted legal recognition and is sought to be regulated by the provisions of the hindu marriage act, 1955. there is a basic distinction between a human relationship and legal relationship. a legal relationship is brought into existence by law but a human relationship, can be brought into existence only by the deliberate ..... of the hindu marriage act, 1955 is to grant recognition to the human relationship between husband and wife and to regulate the conduct of the parties to the relationship in such a manner as may benefit them as well as the society. but the legislature has its limitation. the laws do not ..... hindu marriage act. it was a ground only for claiming judicial separations u/s. 10. by the said amendment act, cruelly .....

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Dec 14 2000 (HC)

Sand Plast (India) Ltd. Vs. I.T.C. Bhadrachalam Finance and Investment ...

Court : Rajasthan

Decided on : Dec-14-2000

Reported in : [2002]111CompCas471(Raj); 2001(1)WLC469; 2003(1)WLN594

..... made in the judgment. the petition is liable to be rejected on the sole ground that the affidavit accompanying petition is not verified according to law. according to the learned judge, it was a mere irregularity and the company court could direct the petitioner to file a fresh affidavit in ..... with 'swear', reads as under:'swear', with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by the law allowed to affirm or declare instead of swearing.'(34). we have already pointed out by reading of rules 18 and 21 together, affidavit accompanying the petition ..... the prescribed form, the objections raised by the appellant are unsustainable. we are also of the view that the objections are misconceived and contrary to law since the proceedings initiated by ihe respondent herein, u/ss. 433, 434 and 439 of the companies act, 1956 are not for recovery of ..... been authorised by the board of directors of the company to file the aforesaid petition.4. the respondent-petitioner has abused the process of law by filing a winding up petition as the alleged dispute is of civil nature raised for the alleged non-performance of the contract as entered ..... a constituted attorney and that the deponent shri vivek mazumdar has not disclosed his source of information and/or knowledge. it is the requirement of law that the grounds of belief must be stated with different clauses. it has also not been staled specifically as to on whose advice the paragraphs .....

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