Court : Mumbai
Decided on : Jan-18-1944
Reported in : AIR1945Bom55; (1944)46BOMLR699
..... different classes are distinct agreeably to the order of their classes.' (golapchandra sarkar's edition, p. 183.)concubines and prostitutes who belong to distinct classes were not mentioned by the hindu law-givers as they, being sinful (patit), were disqualified for succession. but since they are now recognised as heirs, they must be held to be ' intruders ' upon the list of heirs ..... has not married, being thus brought in among qualified heirs, can succeed to her father's property only in default of unmarried or married daughters of his, if, according to hindu law, she does not come within the description of either of the latter two.9. with respect i agree with, this view. an avaruddha stri (concubine) may have a higher status ..... object of avoiding any lapse of service, ' while a bhujishya (kept mistress) is one who ' is restricted in the matter of sexual intercourse to certain persons ' (gharpure's collections of hindu law texts no. 2, p. 406). thus a bhujishya may or may not be ' avaruddha. ' vijnaneshwara says that although intercourse with them is permissible, one having connection with them will be ..... manusmriti, chapter ix, verse 132, says (sic)(one who is enjoyed by a man is called ' akanya.;' contrarily, one who is not so enjoyed is a ' kanya ') : mandlik's manava dharma shastra, p. 1182.4. in tara v. krishna chandavarkar j. has pointed out that in the mitakshara also the word ' anudha ' is used in the same sense as ' kanya. ' after .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-13-1944
Reported in : AIR1945Bom217
..... provided these preserve unsullied the bed of their lord.' and following this text, it has been held in yashvantraw v. kashibai 12 bom. 26 that 'continued continence is, under the hindu law, a condition precedent to a deceased coparcener's concubine claiming maintenance.' but this condition of continued continence applies both to the widows and concubines, arid is a condition precedent to ..... in concubinage, while dealing with 'effects not liable to partition' both in the mitakshara (para. 22 in the commentary on verses 118 and 119) and in vyavahara-mayukha (mandlik's hindu law, p. 70 and sanskrit text of vyavahara-mayukha edited by gharpure, p. 57). the words 'avaruddha stree' occurring in verse 290 of yajnavalkya in vyavahara adhyaya have been explained ..... past cohabitation, the gift is not binding on his son, though the son is bound to provide maintenance for a concubine who lived with his father till his death. under hindu law a concubine gets no right of maintenance against her paramour, unless, having been kept continuously till his death, it can be said that the connexion had become permanent. it ..... : for the term employed is 'female' (yoshit). the text of narada likewise relates to concubines; since the word there used is 'women' (stree):' vide colebrooke's treatise on the hindu law of inheritance, 335.3. the word used for 'women kept in concubinage' and 'concubines' in the original is avaruddha stree. similarly in pl. 7 vijnaneshwara quoting narada says:among brothers .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-1944
Reported in : AIR1944Cal417
..... be for only the exact amount due. reference may be made to betterbee v. davis (1811) 3 camp. 70, and other cases referred to in para. 277 of halsbury's laws of england, edn. 2: vide also madhao vithal v. emperor ('44) 31 a.i.r. 1944 nag. 135, as a result of the dispute on the tram about the liability ..... tender. if his view were a correct one, he might equally board a tram and offer a ten thousand rupee note to the conductor and demand change.2. under by-law (7) framed by the calcutta tramways company under the act, it is provided that every passenger shall upon demand pay to the conductor the fare legally demand-able for the ..... esplanade to alipore and demanded that change should bo given before he would hand over the rupee. there can be no doubt that he took a wrong view of the law in the matter. he appears to have been misled by discovering that under the indian coinage act (act 3 of 1906) a rupee is legal tender. perhaps, he does not .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-21-1944
..... the furtherance of scientific research, which would fall outside the popular idea of charity. it might thus be said that some charitable purposes, in the sense adopted by english law, are not benevolent, and conversely that some benevolent acts are not charitable. lord bramwell, dissenting in pemsel's case (supra), gave as instances of purposes which he regarded ..... charities for the relief of the poor, did not completely prevail in scotland, but lord macnaghten concluded that he could not discover any great dissimilarity between the law of scotland and the law of england with respect to charities. his definition has been subjected to certain criticisms, particularly the fourth division, but shows the extra-ordinarily wide and indeterminate range ..... charitable institution or institutions or other charitable or benevolent object or objects in englandas my acting executors or executor may in their or his absolute discretion select. as the law of englandstands it is impossible to sustain this bequest as valid. the testator has empowered his executors to distribute the residue of his estate inter alia among either ..... of objects, however, notwithstanding its generality and comprehensiveness, namely charitable purposes, has always been accepted as sufficiently definite to satisfy the rule, because of the favour which the law extends to charity. most of the cases which have arisen have been due to a tendency on the part of testators to associate with the word charitable other words of .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-12-1944
Reported in : (1945)47BOMLR934
..... cannot possibly apply in the case of a person whom the law looks upon as a trustee because he has to discharge certain obligations in the nature of a trust. it only applies to a trustee of a trust in the strict ..... the nature of trusts, and chapter ix of the indian trusts act deals with these obligations. all the obligations considered in that chapter are those which are imposed by the law in the various circumstances set out in the different sections which form-part of that chapter. it is clear to my mind that section 10 of the indian limitation act ..... have now made it perfectly clear that although the section does mot use that particular nomenclature, the trustees contemplated by it are the same as what is known in english law as express trustees. in khaw sim tek v. chuah hooi gnoh nedh (1921) l.r. 49 indap 37: 25 bom. l.r. 121 their lordships of the privy council defined ..... the case raises a trust and imposes an obligation in the nature of a trust. these are known as constructive or resulting trusts. under english law they are as much trusts as express trusts. under our law as found in the indian trusts act the legislature has made a sharp distinction between trusts created by the act of parties and certain obligations .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-09-1944
Reported in : AIR1945Bom511; (1945)47BOMLR470
..... which regulated such a business in which a joint family was concerned were the rules which must be drawn from the hindu law, and stated that according to the hindu law, if that was a joint family business, the father as the joint manager was entitled to incur any debt and the ..... section. sarkar in his commentary on section 109 of the indian evidence act also has the same remarks to offer and observes:so under hindu law a family once joint is presumed to retain that character till division is shownthe presumption of continuance of relation or state of things is ..... to be the manager or karta of the family until the contrary was shown. apart from these being the presumptions well recognised in hindu law, there is also in law a presumption founded on the experienced continuance, or immutability, for a longer or shorter period of human affairs.when, therefore, the ..... case was fully argued before the appeal court and chandavarkar j. delivered a very well-considered and learned judgment expounding the principles of hindu law which governed joint hindu family trading firms and the liability of members of such firms to outside creditors. in the course of his judgment he observed (p ..... to challenge as against third parties the trade transactions which took place during his minority.the general benefit of the undivided family is considered by hindu law to be paramount to any individual interest, and the recognition of a trade, as inheritable property, renders it necessary for the general benefit .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-1944
Reported in : (1945)2MLJ164
..... show that, in their lordships' opinion, an allocation of specific property or fund to charity is essential both for effecting an endowment under the hindu law and for creating a valid trust.13. in the other case, a person who was the proprietor of a business instructed the agent in ..... and in computing interest at a rate and in a manner applicable to an ordinary customer.12. as regards the contention based on the hindu law of dedication their lordships made the following remarks:the same reasons are equally forceful to disprove the suggestion that the entries effect an endowment of ..... favour of a temple can be validly and effectually made. firstly, by dedication of the property directly to the deity. this mode is sanctioned by hindu law and needs no compliance with the provisions of the transfer of property act, there being no transfer of property to a ' living person ' ..... 75. it is clear that the act which is a comprehensive piece of legislation with detailed provisions for the efficient protection, control and supervision of hindu religious endowments in this province, vests the power of settling schemes initially in a statutory body, namely, the board constituted under section 10, and ..... with presently, practically the only charge which calls for serious consideration, as a ground for removal, is the denial, in certain proceedings before the hindu religious endowments board and in the present litigation, of the exis-tence of any trust fund or property except one acre of inam land situated .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-06-1944
Reported in : AIR1945Bom207; (1945)47BOMLR57
..... in 1899 and the other written while in england in praise of revolutionaries. passage (22) is a conversation between savarkar and a warder at andamans about the bravery of a hindu youth, nani gopal, in which a comparison is made between hindus and pathans. passage (23) is not now relied on by the advocate general as objectionable. some of these passages ..... posterity. no such historical work can be regarded as objectionable unless it has the present tendency to incite people to do such violent acts as may be punishable under the law of the land. that is the test which we have to apply in determining the effect produced in the mind of an average reader after he reads the alleged objectionable .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-08-1944
Reported in : AIR1944Cal339
..... by a shot fired by one of them; all are guilty of man-slaughter.165. with regard to this last illustration, i would observe in parenthesis here that in english law, mens rea in this instance would presumably be considered to be compounded of knowledge of the possible fatal consequences, coupled with an attitude of indifference towards those consequences.166. upon ..... therefore in order to ascertain its real meaning it is permissible, and indeed necessary, to consider what are the principles of joint criminal liability in the english common law. in the english law these principles fall into three broad categories those which relate to principals in the second degree (otherwise called accessories at the fact), those which relate to accessories before the ..... common intention, among three possibly quite uneducated villagers, to commit culpable homicide not amounting to murder in the language of the indian penal code and manslaughter in the english common law.140. after stating the prosecution case and the defence case henderson j. at p. 574 made the following observations:this being the position with regard to the evidence it became ..... the sworn testimony of a witness who had been subjected to cross-examination or to a regular dying decla-tion recorded by a magistrate after observing the formalities of the law. i do not think there is much substance in this contention. i rather agree with mr. debabrata mukherjee, the learned assistant deputy legal remembrancer, that the mere omission to .....Tag this Judgment!
Court : Chennai
Decided on : Aug-17-1944
Reported in : AIR1945Mad30
..... shown by the fact that it called for the order of appointment. the contention of the plaintiff that the bank acting through its officers must be deemed to know the law cannot be contradicted, and this case must proceed on the basis that the bank knew that the official liquidator ought to have a bank account and that he could collect ..... his order of appointment which was, it is said, sufficient in itself to put it on inquiry. it is also said that its officers must be deemed to know the law and that m. ramachandra rao had no right to ask for payment to him personally.3. the order of appointment has been exhibited. clause (6)(f) prohibited the official liquidator .....Tag this Judgment!