Court : Chennai
Decided on : Nov-21-1911
Reported in : 13Ind.Cas.475
..... 31 m.l.j. 695 supported a gift by the father made to the daughter long after the marriage; the learned judges overruled the contention that the hindu law texts support only gifts to the daughter's husband as bridegroom and not to the daughter herself. they also pointed out that no distinction could be drawn ..... author of the madhaviya to the same effect: 'let him give adequate wealth and a share of land also if he desires.' see page 344, part i, hindu law books on inheritance, messrs. v. kalyanarama iyer & co.'s edition, devala says--'to maidens should be given a nuptial portion of the father's estate'--colebrooke' ..... not having been made at the time of the marriage of the 1st defendant, the plaintiff's father had no right to make it under the hindu law.2. two contentions have been urged before us at the hearing of this second appeal preferred by the 1st and 3rd defendants:(i) that the judgments ..... 1st defendant, the daughter of the donor's deceased undivided brother, is valid and binding as against the plaintiff, the donor's son, according to the hindu law. the facts found are that after the death of the 1st defendant's father she and her mother the 2nd defendant were under the protection of the ..... cas. 195 : 20 m.l.j. 855 : 9 m.l.t. 26 : 84 m.p 422, to justify gifts for lawful purposes ordained in accordance with dharma. see also bhattachariya'a tagore law lectures, joint hindu family,6. it is also important to bear in mind, as pointed out in ramasami ayyar v. vengidusami ayyar 22 m.p 113 .....Tag this Judgment!
Court : Chennai
Decided on : Nov-21-1911
Reported in : 13Ind.Cas.475; (1912)22MLJ321
..... : (1911)21mlj695 supported a gift by the father made to the daughter long after the marriage ; the learned judges overruled the contention that the hindu law texts support only gifts to the daughter's husband as bridegroom and not to the daughter herself. they also pointed out that no distinction couid be ..... of the madhaviya to the same effect:-' let him give adequate wealth and a share of land also if he desires.' see page 344, part i, hindu law books on inheritance: messrs. v. kalyanarama iyer & co.'s edition. devala says :-'to maidens should be given a nuptial portion of the father's estate ..... having been made at the time of the marriage of the 1st defendant, the plaintiff's father had no right to make it under the hindu law.2. two contentions have been urged before us at the hearing of this second appeal, preferred by the ist and 3rd defendants:(i) that ..... , the daughter of the donor's deceased undivided brother, is valid and binding as against the plaintiff , the donor's son, according to the hindu law. the facts found are that after the death of the 1st defendant's father she and her mother, the 2nd defendant, were under the protection ..... placi-tum has been explained by krishnaswami aiyar j. in kamewara sastry v. veeracharlu : (1910)20mlj855 to justify gifts for lawful purposes ordained in accordance with dharma. see also bhattachariya's tagore law lectures, ' joint hindu family,' page 488;6. it is also important to bear in mind, as pointed out in ramasami ayyar v. vengidusami .....Tag this Judgment!
Court : Chennai
Decided on : Apr-04-1911
Reported in : (1912)ILR35Mad152; (1911)21MLJ856
..... the propositus himself and on the principle of spiritual benefit. mr. v.n. mandlik (see hie 'hindu law,' p. 378), messrs. west and buhler ('hindu law,' p. 114) and mr. g. sircar (see his ''principles of hindu law,' pp. 261 and 262), would after the enumerated heirs, first exhaust the man's own descendants ..... of the great-grandfather, and so on, relying on the text of manu, that the fifth has no concern with funeral oblations (see sarvadhikari's 'hindu law,' p. 481). the smrithi chamlrika (see oh, xi, section v, paragraphs 2 and 8) may be said to support the respondent's claim, ..... is a commentary, would hold that among the getrajas nearness is to be reckoned according to the comparative efficacy of spiritual offerings (see sairvadhikari's 'hindu law,' pp. 427--8), varadaraja lays down that in default of brother sons, brother's grandsons succeed but does not mention the principle on which ..... . cole-brook's translation of the word ' sapinda ' as one connected by funeral oblations is incorrect as has now been clearly proved (mayne's 'hindu law', 7th edition, paragraph 510), lallubhai bapubhai v. marikuvarbai i.l.r. (1878) 2 bom. 388 and the same ease by the privy council, lalubhai ..... elaborate discussion of the texts came to the conclusion that the paternal kindred were entitled to the inheritance, according to the mithila school of the hindu law, before the maternal kindred who would be bandbus or kinsmen belonging to a different gotra or family, could be admitted. the only proposition which .....Tag this Judgment!
Court : Chennai
Decided on : Dec-14-1911
Reported in : 13Ind.Cas.458
..... to the second contention that the 1st defendant had no right to bind the minor 2nd defendant by such a promise the argument is that according to hindu law there is no obligation on the part of coparceners to provide at a partition for the marriages of the daughters of one of them out of the ..... ore of the terms of the agreement between the parties for the division of the family properties but an independent promise, that there was no obligation under the hindu law on aiyasamy's brother to contribute towards the expenses of his daughters' marriage and that there was, therefore, no legal consideration to support the promise.3. ..... defendant did not believe that there were some grounds for the claim. nor can we assume that the claim was altogether unfounded according to hindu law, although the plaintiffs in the court of first instance seems to have conceded that the claim would not be enforced by a court of ..... and as guardian of the 2nd defendant, who is his natural son given away in adoption to a brother of his. there were four brothers in an undivided hindu family, namely, the plaintiff's husband aiyasami aiyer, the 1st defendant, the 2nd defendant's adoptive father and one subramania aiyar. disputes arose between them in ..... decree for the amount due on the pro-note exhibit a. the defendants object to the decree on three grounds (1) that there was no consideration in law for the promise to pay rs. 5,000, (2) that the promise was not of such a character as would be binding on the minor 2nd .....Tag this Judgment!
Court : Kolkata
Decided on : May-16-1911
Reported in : (1912)ILR39Cal87
..... .a. sup. vol. 47, 70 : 9 b.l.r. 377 are cited: 'their lordships, while adopting and acting upon the clear general principle of hindu law that a donee must be in existence, desire not to express any opinion as to certain exceptional, cases off provisions by way of contract or of conditional gift ..... where he comments upon verse 52 of book ii of the institutes of yajnavalkya: see the passage translated by sastri golap chandra sarkar in his treatise on hindu law (4th ed., page 186). the same view is luminously expounded by savara swami in his bhasya on the purva mimansa (book vi, section 1, ..... on the two occasions, and there is considerable force in the contention of the respondents that the true intention, was to leave unaffected the rules of hindu law. if this interpretation is adopted, no question arises as to the validity of the bequest in this case in view of the decision in nafar chandra ..... 2 provides, in somewhat wider and less ambiguous language, that nothing in the second chapter of the act shall be deemed to affect any rule of hindu law. no doubt, as observed in bhabatarini debya v. peary lal sanyal (1897) i.l.r. 24 calc. 646, 650 there is a striking difference ..... time matters of serious controversy, and under such circumstances, the legislature appears to have thought that the safest course was to leave untouched the rules of hindu law in this matter. a similar policy appears to have been pursued in the case of the transfer of property act, where clause (d) of section .....Tag this Judgment!
Court : Chennai
Decided on : Dec-14-1911
Reported in : (1912)22MLJ231
..... the second contention that the first defendant had no right to bind the minor second defendant by such a promise, the argument is that, according to hindu law, there is no obligation on the part of co-parceners to provide at a partition for the marriages of the daughters of one of them out of ..... of the terms of the agreement between the parties for the division of the family properties but an independent promise; that there was no obligation under the hindu law on aiyasawmi's brothers to contribute towards the expenses of his daughters' marriage and that there was therefore no legal consideration to support the promise. we ..... did not believe that there was some ground for the claim. nor can we assume that the claim was altogether unfounded according to hindu law although the plaintiff's pleader in the court of first instance seems to have conceded that the claim could not be enforced by a court of ..... as guardian of the second defendant, who is his natural son given away in adoption to a brother of his. there were four brothers in an undivided hindu family, namely, the plaintiff's husband aiyasawmi iyer, the first defendant, the second defendant's adoptive father and one subramania iyer. disputes arose between them in ..... for the amount due on the pro-note (exhibit a). the defendants ,object to the decree on three grounds : (1) that there was no consideration in law for the promise to pay rs. 5,000 ; (2) that the promise was not of such a character as would be binding on the minor second .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-29-1911
Reported in : (1911)ILR38Cal862
..... cases as furnishing in any way authorities binding upon this court in the decision of the matter, which must be determined on principles recognised by hindu law, under which system the conception of the marriage relationship is fundamentally different from what prevails in other systems of jurisprudence; but these cases serve ..... whether the provisions of the statute apply; and, secondly, if they do not, what is the effect of the application of the general principles of hindu law? this latter standpoint appears to have been overlooked by the learned. judges of the allahabad high court in the four cases just mentioned, as was ..... it seems to have been overlooked, however, that although section 2 might not apply, the same result might follow from an application of the fundamental rules of hindu law, as pointed out in the case of matungini gupta v. ram rutton roy (1891) i.l.r. 19 calc. 289, murugayi v. viramakali ( ..... test td be applied is to determine what course is beneficial to the infant concerned. it cannot, therefore, be affirmed as an inflexible rule of hindu law, that a mother, upon her re-marriage, is disqualified to act as guardian of the person and property of her infant sons: indeed, the ..... re-marriage act. the only effect of the section is that the preferential right to the appointment she would otherwise have macnaghten's considerations on hindu law, p. 25; macnaghten on hindu law, vol. i, p. 103; oorahee kowur v. rajbunsee (1847) beng. s.d.a. 557, is destroyed, and if she is .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-1911
Reported in : 14Ind.Cas.380
..... happens. but in a case where the person appointed guardian under the guardians and wards act is also the guardian for marriage under the rules of hindu law, the distinction can hardly be maintained on principle. it is not necessary for us, however, to decide this question finally, because we are of ..... of the circumstance that a guardian of the person might in certain cases be different from the person recognized as guardian for marriage under the rules of hindu law. [banerjee on marriage and stridhan, 2nd ed. page 43]. no doubt, that would be an element for serious consideration in cases where such divergence ..... applies strictly to cases in which it is possible to enforce the order which has been disobeyed. as marriage performed in accordance with the rules of hindu law cannot be set aside, the order which was originally issued upon the guardians and has been disobeyed by them, can no longer be enforced, and ..... absolutely without jurisdiction. [drewry thacker (1819) 3 swan. 529 at p. 546, russell v. east ang. ry. co. (1850) 3 mac. & g. 104 laws of england, edited by halsbury, volume vii, section 645, vol. xvii, section 622] the case before us is of the litter description. as we have already explained in ..... person who has disobeyed it cannot be punished for the alleged offence: lewis v. peck (1907) 154 fed. 273, ex parte fisk (1884) 113 u.s. 713 : 28 law. ed. 1117; evans v. pack (1878) 2 flipp. 267 : 8 fed. cas. 4566; savage v. sternberg (1898) 67 am. st. rep. 751 : 19 washington .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-10-1911
Reported in : (1911)13BOMLR1061
..... at birth became a co-parcener in the said property with an interest therein similar to that of a son in a family governed by the ordinary hindu law, and further held that the plaintiff cassambhai was entitled to claim a partition. the court passed a decree for partition and referred the matter to the ..... will otherwise make out a good title thereto free from all reasonable doubts, claims and demands.'2. the appellant is a khoja and is admittedly governed by hindu law in matters of succession and inheritance. at the date of the contract, there were existing and are now existing two sons, two grand-sons and one ..... we have the decisions of our own appeal court, confirmed by the privy council, that a son born in a joint hindu family takes an interest in the property of that family by reason of his birth and that his claim to interest in that property is based on his ..... binding on them? it is, i think, futile to contend that they claim under their fathers or grand-father. a male member of a joint and undivided hindu family becomes interested in the ancestral family property by reason of his birth and in wasantrao madhaowrao v. anandrao ganpatrao (1904) 6 bom. l.r. 925, ..... all the defendants from the same act or transaction or the same series of acts or transactions; and, secondly, some common question either of fact or law should arise against the defendants, if separate suits were brought against such persons. it seems to me that this is a most glaring case of misjoinder of .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-07-1911
Reported in : 9Ind.Cas.652
..... . 8,000.14. for the defendant it is argued that an agreement to dispose of a child in marriage for pecuniary gain is contrary to the hindu law and is unenforceable as opposed to public policy.15. in support of this proposition there is the direct authority of the case of dholidas ishvar v. ..... and that the said musammat channoo bibee is the mother and natural guardian of the said srimati lachmi bibee and as such is entitled primarily under the hindu law to marry her said daughter srimati lachmi bibee to a suitable husband according to her choice and selection.'12. it further recites that during the treaty ..... to pay her money in consideration of her consenting to the selection of a particular husband. it is, therefore, unenforceable because it contravenes the rule of law which forbids a guardian to make a profit for himself out of his ward--and because the mother being in a fiduciary relation to her child with ..... be accurately said that reasons of public policy preclude a court from enforcing a contract which contravenes some rule or principle of law.26. now this contract is an agreement between the parties to do that which, as pointed out by tyabji, j., is condemned by manu. whether ..... a guardian whether natural or appointed agrees to dispose of his ward in marriage for his own personal pecuniary gain is not enforceable in a court of law.25. it has been pointed out that, to hold a contract void as against public policy is a dangerous ground for a decision; but it may .....Tag this Judgment!