Court : Mumbai
Decided on : Oct-13-1942
Reported in : (1943)45BOMLR350
..... language must be applied to the subject-matter under consideration.22. in their lordships' opinion, the act should be read as a part of the general hindu law of inheritance, and when so read, it should be held as already explained, that the word 'sister' used in it would include a half-sister. ..... questions of inheritance is propinquity in blood. 'to the nearest sapinda the inheritance next belongs.' (manu, 9.189). applying this basic principle of succession, the hindu law gives preference to the whole blood over the half blood. as applied to brothers, the rule is thus stated in the mitakshara;, chapter ii, section 4, ..... to their rights of succession before the act, and how those rights have been altered by it.15. before the act, the only females recognised as heirs under the hindu law except in bombay and madras, were '(1) the widow, (2); the daughter, (3) the mother, (4) the father's mother, (5) the father' ..... in amrut v. mst. thagan  nag. 115 held that 'a half-sister who is a child of the same father is an heir under the hindu law of inheritance (amendment) act of 1929. the word 'sister' includes a sister by the same father even though the mother be different,' the court proceeded ..... 2 of the act. in ram adhar v. sudesra the full bench of the allahabad high court held that 'the word 'sister' in section 2 of the hindu law of inheritance (amendment) act, 1929, does not include a half-sister, either consanguine or uterine.' the main grounds for the decision are, that the word ' .....Tag this Judgment!
Court : Chennai
Decided on : Apr-07-1942
Reported in : AIR1943Mad303; (1943)1MLJ24
..... but only for the benefit of the family. and in this view i am supported by what mr. srinivasa aiyangar has stated in his edition of mayne's hindu law at page 457 in paragraph 350-a. it is true that the observations in the official's assignee of madras v. allu ramachandra aiyar : (1922)43mlj569 ..... , are rather general and refer to the insolvency of a managing member of a joint hindu family but it must not be overlooked that the learned chief justice and coutts-trotter, j., (as he then j was) were only called upon to decide ..... (1924) 47 m.l.j. 857 : 52 i.a. 22 : i.l.r. 6 lah. 1. it is now well settled that the disposing power of a hindu father in regarded to the property of his sons vests on his insolvency in the official receiver. (see t. s. balavenkata sitarama chettiar v. official receiver, tanjore : air1926mad994 ..... a mere right of disposal does not necessarily indicate ownership. if the distinction between the right of ownership in the share of the property which a. hindu son undoubtedly has before partition and the father's power of disposition of his son's share were to be kept in mind, the decision of their ..... it is unnecessary that every insolvent of every faith must have the same kind of property. i fail to see what bearing have the questions whether a hindu father is 'competent to sell that power and can the purchaser exercise the power in his own account' on the point whether the disposing power falls within .....Tag this Judgment!
Court : Privy Council
Decided on : Oct-13-1942
..... the english language must be applied to the subject-matter under consideration. in their lordships' opinion, the act should be read as a part of the general hindu law of inheritance and when so read, it should be held as already explained, that the word "sister" used in it would include a half-sister. it ..... half-sisters as well, except when there is a competition amongst them inter se. this has been understood and acted upon as a general principle of hindu law by the lahore high court in air 1937 lah. 11,(18) in which it was held that a half-sister's son is an heir, according ..... all questions of inheritance is propinquity in blood. "to the nearest sapinda the inheritance next belongs" (manu, 9,189). applying this basic principle of succession, the hindu law gives preference to the whole blood over the half-blood. as applied to brothers the rule is thus stated in the mitakshara, chap. 2, s.4, placita ..... with reference to their rights of succession before the act, and how those rights have been altered by it. before the act, the only females recognized as heirs under the hindu law except in bombay and madras, were (1) the widow, (2) the daughter, (8) the mother, (4) the father's mother, (5) the father's ..... of s.2 of the act. in 55 all 725, (1) the full bench of the allahabad high court held that the word 'sister' in s. 2, hindu law of inheritance (amendment) act, 1929, does not include a half-sister, either consanguine or uterine. the main grounds for the decision are, that the word "sister" .....Tag this Judgment!
Court : Chennai
Decided on : Nov-13-1942
Reported in : AIR1943Mad139; (1943)1MLJ1
..... but she will come after the full-sister when the succession is to the property of any other relation. this reading accords in full with hindu ideas and principles of hindu law, and in our opinion is the correct reading.5. it follows that we are unable to accept the statement that if a sister is ..... word 'sister') in the hindu law of inheritance (amendment) act, as including the half-sister means that the half-sister will share equally with the full sister in the property left by the ..... , 670) that the suggested difficulty of the half-sister and the sister taking together under the mitakshara vanishes if the act is read in the light of hindu law, according to which a full sister will exclude a half-sister and only in default of a full-sister will the, half-sister succeed. to read the ..... one of the reasons given by the allahabad high court for its decision is the statement that the whole blood is preferred to the half-blood under hindu law and that if the word 'sister' were held to include a half-sister it would mean putting the half-sister in the same category. the ..... her second husband on the same footing as her daughter by her first husband and it would be manifestly wrong to interpret the hindu law of inheritance (amendment) act, in a sense repugnant to hindu ideas. .6. the argument based on sections 23 and 27 of the indian succession act is, with, great respect, equally .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-27-1942
Reported in : AIR1942Cal429
..... that this enactment is with respect to one of the matters enumerated in the concurrent legislative list it is nonetheless a provision in a provincial law within the meaning of section 107(1), government of india act, 1935 and the question is whether this enactment is repugnant to any provision ..... respect to one-of the matters enumerated in the concurrent legislative list' in section 107(1), government of india act, 1935, as qualifying 'existing indian law.' the position will not, in the least, be different in the present case whether we take these words as qualifying (1) 'any provision' in ..... tenancy act. the relevant portion of item 4 of the matters enumerated in the concurrent legislative list is given thus:civil procedure, including the law of limitation and all matters included in the civil procedure code at the date of the passing of this act....12. the description of the matter ..... few statutes which would be proof against the dissolving influences of this form of interpretation and the courts instead of being bound by fixed rules of law made for them would in effect be at liberty to legislate for themselves and to substitute, under the guise of interpretation, the 'arbitrium judicis' ..... it relates to those tenures....5. section 168a(1) makes its provisions applicable: 'notwithstanding anything contained elsewhere in this act, or in any other law, or in any contract.' two questions will arise as to the relative operation of these two sections, namely, (1) whether there is anything in .....Tag this Judgment!
Court : Chennai
Decided on : Dec-09-1942
Reported in : AIR1944Mad1
..... conscious that if the office of a manager or dharmakarta is hereditary it must be deemed to be a species of property heritable and descendible according to hindu law, and one to which the principle in jatindra mohan tagore v. ganendra mohan tagore (1972) 9 beng. l.r. 377 is applicable as ..... alternatives before the court were thus expressed at page 466:the questions referred to the full bench, therefore, mainly depend on the question whether shebaitship in hindu law is property of any kind, to which jatindra mohan tagore v. ganendra mohan tagore (1972) 9 beng. l.r. 377 may apply, or is ..... of shebaitship after the respective deaths of kartick and earn failed constituting, as it did, an invalid line of succession which was not permissible under the hindu law. the rule applied here to the office of shebait is the same as is applicable to immovable property. in gnanasambanda panda-rasannadhi v. velu pandaram ..... property, it involves no doubt the recognition of equal and simultaneous rights in both classes of heirs, and to that extent it is opposed to hindu law. but is the office of the manager or dharmakarta of a public temple, property in the legal sense of the word? restrictions against transfers of ..... ) 9 beng. l.r. 377. the argument is that the will purports to create a line of succession opposed to the ordinary rules of hindu law and involves a gift of the office of trusteeship to unborn persons. before discussing this question which was pressed with considerable force and learning it is .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-18-1942
Reported in : AIR1943Bom381; (1943)45BOMLR740
..... j. said (p. 69) :we were referred to a series of cases by the learned counsel for the petitioner to show that alienations made by de facto guardians under the hindu law were held valid if they were for the benefit of the minor. none of those cases has any bearing, on the question. we are not concerned with the question whether ..... bench madras case chennappa v. onkarappa  mad. 358. the principal question there was whether the paternal grandmother of a hindu minor being his nearest living relation is his lawful guardian under hindu law. the question whether a de facto guardian can be the lawful guardian of the minor within the meaning of section 21 of the indian limitation act arose incidentally, but that was ..... has however been recently held by this high court in tulsidas v. vaghela raisingji i.l.r. (1932) 57 bom. 40 that under hindu law a de facto guardian of a minor can validly sell the property of the minor to a third person for legal necessity. it was so held by patkar and barlee ..... was bound to do, that defendant no. 1, the paternal aunt of defendant no. 2, was not his guardian under hindu law. the points he has argued are as follows : (1) he contends that a de facto guardian may be a lawful guardian for the purposes of sections 19 and 20 and that therefore defendant no. 1 could make a valid acknowledgment and .....Tag this Judgment!
Court : Chennai
Decided on : Apr-02-1942
Reported in : AIR1943Mad74; (1942)2MLJ120
..... pledge, as we have already pointed out. we think that when a person delivers a share certificate to another to be held by him as security, there is under the law of india a pledge which he can enforce, but unless the pledgee at the time of the deposit secures a deed of transfer which he can use in case of ..... the debt or promise, and retain the goods pledged as collateral security; or he may sell them, on giving the pawnor reasonable notice of the sale. therefore under indian law as under english law a pledge is created by the delivery of goods as security.5. in england a share is regarded as a chose in action. see harrold v. plenty (1901 ..... the property, subject of course to the right of redemption. we shall return to the meaning of 'pledge' in a moment. the learned judge recognised that according to the english law the mere deposit of a share certificate by way of security is treated as an equitable mortgage, but in his opinion that did not help the appellant, because the deposit ..... not such as to raise a reasonable presumption that the pawnor is acting improperly:provided also that such goods or documents have not been obtained from their lawful owner, or from any person in lawful custody of them, by means of an offence or fraud.7. as a result of the amendment the expressions 'mercantile agent' and 'documents of title' are given .....Tag this Judgment!
Court : Chennai
Decided on : Nov-17-1942
Reported in : AIR1943Mad373; (1943)1MLJ203
..... term or an allowance for expenditure, then, if such hope or expectation has not been created or encouraged by the landlord, the tenant has no claim which any court of law or equity can enforce. this was the principle of the decision in philling v. armitage (1805) 12 ves. 78 : 33 e.r. 31 and, like the decision in gregory v .....Tag this Judgment!
Court : Chennai
Decided on : Jan-16-1942
Reported in : AIR1942Mad379; (1942)1MLJ331
..... the contesting defendants, stated that the widow had repented of what she had done. mr. somasundaram for the appellants has very properly stated that the hindu law will not regard a widow as unchaste because of her conduct many years before the adoption. the appellants have entirely failed to prove immorality against the ..... hand over her son;, to savitri but she commissioned her uncle to do this, being at the time too unwell to attead the ceremony herself. the hindu law recognises the vicarious performance of most legal acts; the object of the corporeal giving and receiving in adoption is obviously to secure due publicity (colebrook's ..... the report of sayamalal dutt v. saudamini dasi (1870) 5 beng.l.r. 362. it is not necessary to consider to what length the hindu law goes in this respect, because it is quite clear that the evidence in this case does not prove that the widow was unchaste at the time ..... validly adopted on two grounds. in the first place they say that when the widow adopted the first respondent, she was unchaste and therefore under hindu law could not adopt a son to her husband. in the second place they say that the adoption ceremony was not valid because the widow did not ..... said boy with me and, on! 18th august, 1928, i requested you to give him in adoption as the son to my husband according to the hindu dharma sastras; consenting thereto you gave the said boy to me and so i received him and after causing all the ceremonies, namely, datta homams, bhoothakarma namakranams .....Tag this Judgment!