Court : Mumbai
Decided on : Jun-29-1914
Reported in : (1914)16BOMLR863
..... the fifth from the mother, i. e., in the mother's line, and beyond the seventh from the father, i.e., in the father's line hindu law, p. 54.36. it is quite clear, therefore, that the limitation of the seventh degree with regard to the samanagotra sapindas given by mitra misra in ..... the fifth; on the father's side, in the father's line after seventh (ancestor) the sapinda-relationship ceases west and buhler, p. 119; mayne's hindu law (7th ed.), p. 691, para, 516.35. the translation by golap chunder shastri of the passage, in which these words occur, is important, as he ..... to inheritance, they may be regarded as viewing sapinda-relationship in the same light as the author of the daya bhaga and certain other commentators on hindu law. but we think that the burden rests upon the plaintiffs to show that vijnaneswara and nilakautha regard sapinda-relationship as resting on a different basis for ..... to the forbidden degrees of kindred, and here he defines his theory of relationship. a translation of this passage is to be found in the ' digest of hindu law ' volume i, page 120 by west and buhler, and also in the judgment of the bombay high court in lallubhai bapubhai v. mankuvarbai i.l.r. ..... ' is cited as the achara adhyaya (' chapter or book on established rules of conduct'), whilst in the decisions of the indian courts and recent works on hindu law, it is referred to under the name of the acharahanda (' division or part relating to established rules of conduct ').16. in the third chapter of the .....Tag this Judgment!
Court : Chennai
Decided on : Mar-05-1914
Reported in : (1915)28MLJ495
..... of succession applicable to property which must be taken to have been the absolute property under the entire control of a woman governed by the hindu law--property with reference to the succession to which it was conceded before us that the woman must be taken to be the stock of descent? ..... not to be confined, as suggested on behalf of the defendants, to gifts for maintenance made out of affection, for as pointed out by dr. jolly (hindu law of partition, inheritance and adoption, page 236), the sanscrit term 'vritti' (subsistence) in the text has been understood by commentators to include what is given ..... in question was at the absolute disposal of the woman. on page 5, sir subramania aiyar says : 'in the absence of any clear provision of hindu law, denning the character of her interest in the income, it must, on general grounds, be held that what becomes vested in her in her own ..... decision in that case was thus propounded by lord robson who delivered the judgment (page 238).whether immoveable property obtained by a hindu widow on partition under the mitakshara law, is part of her stridhan in the narrow sense of that word, indicating her separate property or peculium which passes on her ..... entitled to the very greatest weight. it was that of a full bench of this court, the ,main judgment being delivered by a very eminent hindu judge, then officiating as chief justice. the question was evidently most elaborately argued by vakils on both sides of quite phenomenal ability and repute. the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-03-1914
Reported in : AIR1914Bom17; (1914)16BOMLR224
..... . if i am correct in thinking that it has never been proved that cutchi memons have retained from ancient time the distinction recognized by hindu law between ancestral and self acquired property it must follow that the decision cannot be accepted as an authority. in that case it was argued ..... property ceases to be joint that the necessity arises for rules of inheritance and succession.23. in other words the rules of inheritance and succession under hindu law apply only to separate or self-acquired property. the notions of joint family, joint family property, joint family business, are utterly unknown to mahomedanlaw. ..... after born son acquires an interest by birth in the joint family property is a question of inheritance. but cutchi memons are governed by hindu law in question of inheritance. therefore a cutchi memon acquires by birth an interest in property inherited by his father.21. i am only now ..... in matters of simple succession and inheritance it is to be taken as established that succession and inheritance among khojas and memons are governed by the hindu law as applied to separate and self-acquired property.'16. westropp c.j. in in re haji ismail haji abdula (1880) i.l.r. bom ..... he relies for that proposition on decisions of this court to the effect that cutchi memons in all matters of inheritance and succession are governed by hindu law.14. these decisions have recently been exhaustively reviewed by beaman, j. in jan mahomed v. datu jaffar : air1914bom59 . the parties to that .....Tag this Judgment!
Court : Chennai
Decided on : Nov-23-1914
Reported in : AIR1915Mad475; (1916)ILR39Mad298
..... promise to make a gift of her property. the learned judges held that ' the taking of the woman's property by the plaintiff her kinsmen, is wholly repugnant to the hindu law.' they also expressed a doubt whether a woman had independent power of disposal during coverture over her stridhanam. the texts bearing upon the subject were not examined and the pronouncement ..... itself is clear and its interpretation in works both contemporaneous with and after the 'smrithi chandrika' has been uniform. (see madana parijata, 13th century), page 530, part 2, setlur's 'hindu law books on inheritance': vivadaratnakara (14th century), chapter viii, page 189, ibid.; vivada chintamani (15th century), page 255, ibid.; dayatattva (16th century), chapter xi, paragraph 3, page 499, ibid.; viramitrodaya ( ..... . among the rishis only katyayana, vyasa and vishnu use the expression saudayika. the definition by rishi katyayana is the basis of discussion by the commentators of the various schools of hindu law. according to him, the term certainly includes all gifts by the relations of the bride at, before or after the marriage: mr. ghose's translation of the text is: ..... the marriage procession, and acquisitions made by means of mechanical arts by a married woman. they are subject to the control of the husband because the spirit of the hindu law is against a married woman receiving gifts from strangers except at the time of marriage or from making acquisitions during coverture as she is expected to give her time and .....Tag this Judgment!
Court : Chennai
Decided on : Mar-10-1914
Reported in : AIR1914Mad668(2); 24Ind.Cas.280
1. the high court decree was against the assets of the deceased in the hands of his son who had been brought on as his legal representative. the term assets', if not co-extensive with, is at least included in the term 'property' and the new section 53 says that property in the hands of a son or other descendant which is liable under hindu law for the payment of the debt of a deceased ancestor in respect of which a decree has been passed, shall be deemed to have come to the hands of the son or other descendant as his legal representative. unless the debt was incurred for immoral or illegal purposes, the ancestral property of the father which passed by survivorship to the son was by this section to be deemed to be the property of the deceased father which had come to the hands of the son as his legal representative, that is to say, as soon as it got into the son's hands after the father's death it became the father's property for the purposes of sections 50 and 52. the fact that the son died subsequently and that execution is now sought against his heir and legal representative does not, in our opinion, in any way, affect the operation of section 53 or make the property in question any less the father's property for the purposes of sections 50 and 52. we agree with the learned judge and dismiss the appeal with costs.Tag this Judgment!
Court : Allahabad
Decided on : Jun-16-1914
Reported in : AIR1914All496; 24Ind.Cas.997
..... the succession of daughters in a large number of cases and an invariable custom, regularly followed in the caste, has not been established. the rule of hindu law must prevail. we, therefore, allow 'the appeal and sot aside the decree , of the court below the suit is dismissed with costs in both courts ..... dated 27th june 1868). the parties were jats of the bijnor district and certain transferees. no custom of exclusion was pleaded and the ordinary rule of hindu law was applied.(2) the next case is of the meerut district and was n suit brought by a daughter to recover her father's estate from the ..... totally excluded from inheritance. this rule of exclusion appears to us to be harsh and unnatural. it is true that the rights of a female in hindu law are much inferior to those of a male in the matter of inheritance, still they are not lightly to be further reduced or totally extinguished except ..... all practical purposes and especially for the purposes of section 37(1) of the civil courts act (xii of 1837) in force ' in these provinces. hindu law has always been applied to them except where any special customs) have been alleged and established.18. it is equally clear that the jut is a shudra ..... been rebutted by the evidence for the defence :--that the burden lay heavily upon the plaintiffs to establish a custom in derogation of the rule of hindu law : that they had failed to show that the ancestors of harbans came from charkhi dadri in the jhind state or that any custom obtaining in the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-1914
Reported in : 25Ind.Cas.957; (1914)27MLJ353
..... and in re kriskull brewery company limited and reduced (1877) 5 ch. d. 535. there is no difference in this respect between the english law and the hindu law. the rule of interpretation is thus stated in adhikarana kaumudi para 50 (mirnamsa rules of interpretation p. 276) 'multiplicity of sense to the same ..... son by a sudra widow whose remarriage is forbidden had no right of inheritance. this is a distinct pronouncement in favour of the position that hindu law does not recognise the rights of illegitimate offspring to succeed to their parents' property. much reliance was placed on the recent case in narumayya ..... is clear that there is no foundation for the suggestion that an illegitimate daughter is within those rules. illegitimate children have no place in hindu law at least under the mitakshara system except in the special case already referred to.12. another contention of the appellant was that a prostitute ..... my respectful dissent from it. for, firstly in the absence of any but an expressly limited recognition of the rights of illegitimate children in hindu law, it is not, i conceive possible to apply its rules generally in their interest without incongruity; and next i cannot understand how the court ..... been placed on the observation in subbaraya pillai v. ramasami pillai i.l.r. (1899) m 171 that in applying so much of the hindu law as can without incongruity be applied either with reference to those connected with the degraded person after his degradation or in their absence, to those .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-1914
Reported in : AIR1915Mad63; (1915)ILR38Mad1144
..... and in re kirkotall brewery company, limited, and reduced (1877)5 ch. d., 535. there is no difference in this respect between the english law and the hindu law. the rule of interpretation is thus stated in adhikaranakaumudi, page 50 ('miraamaa rules of interpretation,' page, 276). multiplicity of sense to the same ..... by a sudra widow whose re-marriage is forbidden had no right of inheritance. this is a distinct pronouncement in favour of the position that hindu law does not recognise the rights of illegitimate offspring be succeed to their parents' property. much reliance was placed on the recent case-narumayya chetti ..... i.l.r. (1908) mad. 100. it must therefore be taken as established that mookkayi's property will devolve according to the rules of hindu law.12. the second proposition that the first plaintiff being the daughter should be preferred to the first defendant, the son, cannot be supported. in the ..... my respectful dissent from it. for, firstly, in the absence of any but an expressly limited recognition of the rights of illegitimate children in hindu law, it is not, i conceive, possible to apply its rules generally in their interest without incongruity, and next i cannot understand how the ..... on the observation in subbaraya pillai v. ramasami pillai i.l.r. (1900) mad. 171 that 'in applying so much of the hindu law as without incongruity could be applied either with reference to those connected with the degraded person after his degradation or in their absence to those remaining .....Tag this Judgment!
Court : Chennai
Decided on : Nov-28-1914
Reported in : AIR1915Mad1088; (1915)28MLJ1
..... reversioner and that next presumptive reversioner consents. i am unable to see any reason for the distinction. as i have already pointed out the hindu law does not make any distinction between the next and the more remote reversioners or display any preponderating preference for the next heir over another more ..... the rule probably originated from the doctrine that the retirement from the world or the extinction of one's desire for property is according to hindu law civil death and causes in the same way as natural death the ex-tinction of her rights in property and has the effect of accelerating ..... delivering the judgment of the committee extracts various passages from previous decisions of the committee and of the high courts regarding the 'restrictions imposed by the hindu law upon the widow's power to alienate.' the quotation from the collector of masulipatam v. cavaly vencata narainapah (1861) 8 m.i.a. 529 ..... is that the partial surrender by exhibit i is valid. i think it necessary to state the principles on which a surrender is based under the hindu law, before dealing with the specific question. the only text is that of the dayabhaga: 'therefore those persons, who are exhibited in a passage above ..... the transaction may find his title not established. at the same time, it has to be remembered that parties are as familiar with the hindu law as they are with the transfer of property act, and unless apt language has been employed suggesting a surrender and a regrant, courts should .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-02-1914
Reported in : (1914)16BOMLR425
..... affording evidence that the alienation was under circum stances which rendered it lawful and valid, their lordships in this case consider that the conduct of the appellants themselves during those years affords evidence upon which the respondents are entitled to rely.9. their ..... not injure anyone.7. their lordships agree with this judgment. they are of opinion that the case depends entirely on the facts, and that it raises no new question of law as to the powers of a hindoo widow to deal with family property in case of necessity with the consent of the then present reversioners, and they are, therefore, of ..... they believed that the arrangement had been made in good faith, and under such circumstances of necessity as would give it validity according to hindoo law, and as it has always been a feature of hindoo law as administered by this board to attach great weight to the sanction by expectant reversioners of an alienation of property by a hindoo woman as .....Tag this Judgment!