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Judgment Search Results Home > Cases Phrase: dharma hindu law Sorted by: old Court: us supreme court Year: 2000 Page 1 of about 161 results (0.074 seconds)

Feb 16 2000 (SC)

Sunil Fulchand Shah Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Feb-16-2000

Reported in : AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; [2000]1SCR945

..... the interests of the nation above the individual liberty of the anti-social and dangerous elements who constitute a grave menace to society by their unlawful acts, the preventive detention laws have been made for effectively keeping out of circulation the detenus during a prescribed period by means of prevention (preventive) detention. the objective underlying preventive detention-cannot be ..... would not only be opposed to realities but would defeat the very purpose of preventive detention and would also lead to making a mockery of the prevention (preventive) detention laws enacted by the center or the states. with respect to the object and purpose of the preventive detention this court observed that:the entire scheme of preventive detention is ..... prisoner temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behavior; such a promise, a word of honour. black's law dictionary - sixth editionrelease from jail, prison or other confinement after actually serving part of sentence; conditional release from imprisonment which entitles parolee to serve remainder of his term outside ..... power being drastic, the restrictions placed on a person to preventively detain must, consistently with the effectiveness of detention, be minimal. in a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the state and/or maintenance of public order, must be strictly construed. this court, as the guardian .....

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Mar 29 2000 (SC)

Shriomani Gurudwara Prabandhak Committee, Amritsar Vs. Shri Som Nath D ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; [2000]2SCR705; 2000(2)LC978(SC)

..... the grants having been made to the juridical person symbolised or personified in the idol.20. thus, a trust is not necessary in hindu law though it may be required under english law.21. in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurdwara ..... calcutta : [1969]74itr33(sc) held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ; the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of ..... 'a compendious expression of the pious purposes for which the dedication is designed.' vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750; varadachariar j. dealing with this question, referred to the decision in, ilr 1910 cal 128 and ..... for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity 6f the english law. in early law a gift placed as it-was expressed on ..... 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 or morality. a trust is not required .....

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Mar 29 2000 (SC)

Shiromani Gurudwara Prabandhak Committee Vs. Som Nath Dass and ors. Et ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : (2000)160CTR(SC)61

..... to the juridical person symbolised or personified in the idol.'(emphasis, italicised in prints, supplied)thus, a trust is not necessary in hindu law though it may be required under english law.in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurrudwara prabandhak ..... 1969]74itr33(sc) , held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ilr 12 bom 247:'the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with ..... be 'a compendious expression of the pious purposes for which the decimation is designed'. vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750 (g), varadachariar j. dealing with this question, referred to the decision in ilr cal 128 (f) ..... for the purpose., the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on ..... 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 or morality. a trust is not required .....

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Apr 05 2000 (SC)

Lily Thomas, Etc. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-05-2000

Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC

..... devi v. mul raj 1907 (pr no. 49) 198. in rakeya bibi v. anil kumar mukherji ilr (1948) cal. 119, it was held that under hindu law, the apostasy of one of the spouses does not dissolve the marriage. in fiayeda khatoon @ a.m. obadiah v. m. obadiah (1944) 49 cww 745, it ..... adopted the 'muslim' religion and become a convert to that religion for the sole purpose of having a second wife, which is forbidden strictly under the hindu law. it need hardly be.said that the, said conversion was not a matter of respondent no. 3 having faith in the muslim religion.11. this ..... and religion.22. that a woman's organisation 'kalyani' terribly perturbed over this growing menace and increase in number of desertions of the lawfully married wives under the hindu law and splitting up and ruining of the families even where there are children and when no grounds of obtaining a divorce successfully on any ..... has adopted the muslim religion and became a convert to that religion for the sole purpose of having a second wife which is forbidden strictly under the hindu law. it need hardly be said that the said conversion was not a matter of respondent no. 3 having faith in the muslim religion.20. the ..... be permitted to take advantage of his exploitation as religion is not a commodity to be exploited. the institution of marriage under every personal law is a sacred institution. under hindu law, marriage is a sacrament. both have to be preserved.40. i also respectfully agree with brother sethi, j. that in the present .....

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Apr 24 2000 (SC)

Karnataka State Road Tpt. Corporation and anr. Vs. S. Manjunath

Court : Supreme Court of India

Decided on : Apr-24-2000

Reported in : JT2000(7)SC66; 2000(4)SCALE249; (2000)5SCC250

..... the services of the respondents could not be put an end to except by means of departmental disciplinary proceedings, after following the mandatory requirements of law. therefore, the high court cannot be faulted for interfering with the orders of termination of the services of the respondents.15. for all the reasons ..... wasim beg's case (supra) also purported to classify these type of cases into three categories, on a review of the entire gamut of law. it was observed therein as follows:15. whether an employee at the end of the probationary period automatically gets confirmation in the post or whether ..... of cases.10. this court had an occasion, to review, analyse critically and clarify the principles on an exhaustive consideration of the entire case law in two recent decisions reported in dayaram dayal's case (supra) and wasim beg's case (supra). one line of cases has held that ..... promotion to a temporary post in any service the person concerned shall be continued on an officiating basis in the temporary post.9. the law on the subject has been varying, depending upon the peculiar pattern of the service rules/regulations concerned and the scheme underlying the same inspite ..... anr. : air1997sc3269 and wasim beg v. state of u.p. and ors. : (1998)illj1209sc , besides inviting our attention to some of the case law referred to therein. the impugned orders of termination of services of the respondents, though claimed to be orders terminating the probation and consequently their services are in .....

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May 04 2000 (SC)

Dlf Universal Ltd. Vs. Appropriate Authority and anr. Etc.

Court : Supreme Court of India

Decided on : May-04-2000

Reported in : (2000)160CTR(SC)401

..... because the time during which this had to be done has since expired. since the appropriate authority failed to exercise the jurisdiction vested in it by law, and because we are proposing to set aside the order dated 24-6-1994, no purpose would be served by sending the matter back to the ..... of the act. then the high court went on to hold as under: -'after having, thus, found that the appropriate authority acted in violation of law and beyond the jurisdiction vested in it, we have no hesitation in holding that it has lost the right to adjudicate upon the issue of the genuineness ..... set aside the orders of the appropriate authority. it directed that the appropriate authority shall take decisions afresh in each of the cases in accordance with law and consistently with the principles stated in the judgment which may be done within a period of three months. since we have not agreed with ..... least four months before the intended date of transfer. this is so notwithstanding anything contained in the transfer of property act, 1882 or in any other law. this agreement for transfer is now required to be reduced in writing in the form of a statement by both the parties. the statement is ..... judgment allowed the petitions, set aside the orders of the appropriate authority and requiring it to take fresh decision in each of the cases in accordance with law and keeping in view the principles laid by the high court in its judgment. aggrieved appropriate authority has filed 11 appeals. m/s. dlf universal ltd .....

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May 04 2000 (SC)

Dlf Universal Ltd. Vs. Appropriate Authority and Another

Court : Supreme Court of India

Decided on : May-04-2000

Reported in : 2000(3)CTC487; 85(2000)DLT367(SC); [2000]243ITR730(SC); JT2000(5)SC469; 2000(4)SCALE351; (2000)5SCC552

..... because the time during which this had t6 be done has since expired. since the appropriate authority failed to exercise the jurisdiction vested in it by law, and because we are proposing to set aside the order dated 24.6.1994, no purpose would be served by sending the matter back to the ..... 269ua of the act. then the high court went on to hold as under:after having, thus, found that the appropriate authority acted in violation of law and beyond the jurisdiction vested in it, we have no hesitation in holding that it has lost the right to adjudicate upon the issue of the ..... set aside the orders of the appropriate authority. it directed that the appropriate authority shall take decisions afresh in each of the cases in accordance with law and consistently with the principles stated in the judgment which may be done within a period of three months. since we have not agreed with ..... least four months before the intended date of transfer. this is so notwithstanding anything contained in the transfer of property act, 1882 or in any other law. this agreement for transfer is now required to be reduced in writing in the form of a statement by both the parties. the statement is ..... judgment allowed the petitions, set aside the orders of the appropriate authority and requiring it to take fresh decision in each of the cases in accordance with law and keeping in view the principles laid by the high court in its judgment. aggrieved appropriate authority has filed 11 appeals. m/s. dlf universal ltd. .....

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May 09 2000 (SC)

Palanivelayutham Pillai and ors. Vs. Ramachandran and ors.

Court : Supreme Court of India

Decided on : May-09-2000

Reported in : JT2000(7)SC47; (2000)3MLJ112(SC); 2000(4)SCALE698; (2000)6SCC151; [2000]Supp1SCR1

..... to him. in that case, b.k. mukherjea, j. speaking for the three-judge bench observed in this connection about shebaitship as under:(b) hindu law - religious endowments - shebaitship. whatever might be said about the office of a trustee, which carries no beneficial interest with it, a shebaitship, combines ..... this connection, we may usefully refer to the observations of learned author b.k. mukherjea on 'the hindu law of religious and charitable trusts' - fifth edition by a.c. sen, eastern law house in connection with kattalai grants in south india. the learned speaker in one of his lectures reproduced ..... 4:19. learned senior counsel for the respondents was right when he contended that the scheme of administration settled by the board of commissioner for hindu religious endowments, madras on 13th september, 1945 was not highlighted or relied upon before the trial court or even before the high court. ..... demise to defendant no. 10 as his successor manager. so far as the order dated 13th september, 1945 of the board of commissioner for hindu religious endowments, madras is concerned, it was submitted that no reliance was placed on the same during the trial and, therefore, the appellants ..... defendant no. 9 itself was inoperative in law.6. it was also contended that by an order dated 13th september, 1945 of the board of commissioner for hindu religious endowments, madras, a scheme of administration was settled under section 57 of the madras hindu religious endowments act, 1926 (madras act ii .....

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May 12 2000 (SC)

Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Decided on : May-12-2000

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

..... there is no statutory definition of 'plant' for the purpose of section 41 of the finance act, 1971, from a series of cases decided, following principles emerge to be settled law.'(i) something which is properly to be regarded as part of the setting in which a business is carried on and not as part of the apparatus used for carrying ..... act, 1961 (hereinafter referred to as 'the act). and also to decide whether time has come to have a fresh look at the old precedents and to lay down the law with the changed perceptions keeping in view the provisions of the act? further, to what extent are we required to follow and adopt artificial and largely judge-made sense of .....

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May 22 2000 (FN)

Geier Vs. American Honda Motor Co.

Court : US Supreme Court

Decided on : May-22-2000

..... it do more? in particular, does it foreclose or limit the operation of ordinary pre-emption principles insofar as those principles instruct us to read statutes as preempting state laws (including common-law rules) that "actually conflict" with the statute or federal standards promulgated thereunder? fidelity fed. sav. & loan assn. v. de la cuesta, 458 u. s. 141 , 153 ..... clearly not designed to represent the interests of states, yet with relative ease they can promulgate comprehensive and detailed regulations that have broad pre-emption ramifications for state law. we have addressed the heightened federalism and nondelegation concerns that agency pre-emption raises by using the presumption to build a procedural bridge across the political accountability gap ..... on the one hand, and commonlaw liability, on the other. this distinction was certainly a rational one for congress to draw in the safety act given that common-law liability-unlike most legislative or administrative rulemaking-necessarily performs an important remedial role in compensating accident victims. cf. silkwood it is true that in three recent cases we ..... devices. geier and her parents, also petitioners, sued the car's manufacturer, american honda motor company, inc., and its affiliates (hereinafter american honda), under district of columbia tort law. they claimed, among other things, that american honda had designed its car negligently and defectively because it lacked a driver's side airbag. app. 3. the district court .....

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