Court : Allahabad
Decided on : May-12-1949
Reported in : AIR1949All718
..... judge of the question whether on the facts proved the plaintiff could or could not be held to be a validly appointed chela under the hindu law.6. the hindu dharma, as understood, in times prior to the appearance of buddha, casts a duty on every brahman to accept for instruction pupils. during the ..... exist without what mr. ghose calls (see ghose's in his principles of hindu law edn. 3, p. 89) the three gems, budhha, the dharma or the law of buddha and the sangha, i.e., congregation of monks who observed the law in its purity. buddha realised that it was the sangha alone which could, ..... home ceremony should be performed as merely directory and not mandatory for sanyas involves a complete break with the world. according to the concepts of hindu law, every hindu has to discharge his duty to the gods, to the sishis and to ancestors. it is for this reason that mr. bhattacharya has emphasised ..... any case, by the second portion of that clause, the testator has attempted to create successive life estates which it was not permissible for him under the hindu law to do. it is, therefore, in my opinion, not possible, notwithstanding the reference to trustees, the gaddinashin, the math and the power of appointment ..... , 28 bom. 215 at p. 223, defines the true notion of a 'math' in the following terms:a math, like an idol, is in hindu law a judicial persona capable of acquiring, holding and vindicating legal rights, though of necessity it can only act in relation to those rights through the medium of .....Tag this Judgment!
Court : Chennai
Decided on : Dec-07-1949
Reported in : AIR1950Mad538; 18ITR225(Mad)
..... . nor do i agree with the view that progress consists in altering the ideals that have been embodied in the hindu law tests which contain not only the law of vyavahara but also contain the dharma which term is used in a generic sense so as to cover the whole field of the activity of a man ..... the decision in commissioner of income-tax v. lakshminarayan raghunath das , is with all deference to the learned judges, an unwarranted extension of well settled principles of hindu law and i am unable to follow it. i, therefore, agree with my learned brother in the answer which he has given to this reference and in the ..... to enable her to bind the minor members by a transaction of this nature cannot be sustain-ed and has no basis either under the act or under hindu law. 4. reliance, however, was placed by the learned advocate for the assessee on a decision of the nagpur high court in commissioner of income-tax v ..... died leaving either his widow and male issue or his widow only, him surviving. the interest devolving on the widow is a hindu woman's estate with the limitations and qualifications imposed by hindu law on such an estate. even in the cage of a mitakshara family the widow notwithstanding the rights conferred on her by act ..... . it may be that we, who are born in an age of conflict of ideas might consider that the hindu law tests have imposed .....Tag this Judgment!
Court : Chennai
Decided on : Oct-31-1949
Reported in : AIR1950Mad680
..... to a particular property belonging to the father, it is absolutely necessary to determine whether that property is paithamaha or swayarjitha. this dichotomous division is fundamental. according to hindu law (and in this there is no difference between dayabhaga and mitakshara) property must be one or the other. this division is not only mutually exclusive; it must also ..... property in question, which descended at the same time by the same title upon two persons who were members of a joint undivided family, was therefore governed by hindu law applicable to such cases. he further contended that the mere circumstance that it descended on them as obstructed property should not make any difference. no doubt the conception ..... ' 'rasa' 'ananda' 'brahmam' which really have no exact equivalents in english were translated into english words which had altogether different or in any event inadequate connotation and significance. words like 'daya', 'pythamaha' used by ancient writers of hindu law in their english rendering take different shape and meaning. in ..... hindu law texts has been due to an ignorance of sanskrit words employed to express certain fundamental concepts and to the inevitable infiltration of foreign conceptions consequent on the translation into english adopting a phraseology current in that language. such confusion is not confined to the domain of law and is to be found in other cultural spheres as well. words like 'dharma .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-28-1949
Reported in : AIR1950Bom66
..... literally mean what is remembered. these smritis consist of compilations handed down by the sages of antiquity. it is the smritis that constitute the main source of hindu law. in due course of time, however, several commentaries came to be written by reputed authors on these smritis and it is these commentaries that virtually usurped ..... the question to a full bench because the plaintiff's case was bound to fail in any event. he also took note of the fact that hindu law was in the process of being codified and expressed the hope that in all probability the act of 1929 would shortly become obsolete. it may incidentally ..... within the purview of this section. if, as the privy council have observed, this act was intended to alter the old order of succession in hindu law and if it applies to the parties before us even though they are governed by mayukha, it seems to us unimportant and almost irrelevant to consider ..... be seen', observed sir madhavan nair in the course of his judgment, 'that the act has amended and altered the old order of succession in hindu law. it affects all hindus governed by the mitakshara...it is obvious that the object of the act is to give effect to the principle of propinquity by ..... the daughter's daughter was not a preferential heir to the property in suit.3. this question really turns upon the effect of the provisions of the hindu law of inheritance (amendment) act, ii  of 1929. the parties in the present case are governed by the mayukha and there is no doubt that .....Tag this Judgment!
Court : Chennai
Decided on : Nov-21-1949
Reported in : AIR1950Mad785; (1950)IIMLJ21
..... sense of the term a tenant-in-common with the surviving coparceners are well described by the learned author of the tenth edition of mayne's hindu law at p. 721;'to bold that the widow of a coparcener who takes his interest on his death is strictly a tenant-in-common with ..... render an account to plaintiff 1, he thought that plaintiff 3 also might get the benefit of it. but that course is indefensible. under the hindu law except in special circumstances, a coparcener has no right to call upon the manager to render an account of his management so long as the undivided ..... the marriage expenses and the alienee would be entitled to the property conveyed to him absolutely. this is only in consonance with the general hindu law under which a hindu widow can convey full title in her husband's property by an alienation for necessary purposes. 6. the only question which remains relates to ..... right, i have relinquished in your favour all the remaining other rights under this document. ......'obviously the reference to 'the present hindu law in force' is to the provisions of the hindu women's rights to property act, and under that act there could be no question of the nature of the estate to ..... aforesaid from out of her share of b schedule properties which has passed to her according to the present hindu law in force . . . 6. reserving the right which i may have, according to the then prevailing hindu law, after the lifetime of my step-mother seethamma, the third individual of us in regard to her .....Tag this Judgment!
Court : Chennai
Decided on : Mar-14-1949
Reported in : (1949)2MLJ171
..... intermeddler or a wrong doer and that the expression 'trustee de son tort' would correctly describe the position of a ' de facto trustee ' under the hindu law, their lordships, in my humble judgment, paid an exaggerated compliment to the legal cobwebs of an alien system and paid scanty attention to the well-established and ..... well-understood principles of hindu law which they had to apply. let me say a word about the english conception of a ' trustee de son tort ' though, in my opinion, it ..... although in view of the obligations and duties vesting on him, he is answerable as a trustee in the general sense, for mal-administration. neither under the hindu law nor in the mahomedan system is any property ' conveyed ' to a shebait or a mutavalli in the case of a dedication. nor is any property vested ..... following passage from the judgment of the judicial committee in hanooman pershad's case (1856) 6 m.i.a. 393, may usefully be cited:under the hindu law, the right of a bona fide encumbrancer who has taken from de facto manager a charge on lands created honestly, for the purpose of saving the ..... swallow does not make a summer ; but the practical question still remains, how many do even in the case of a de facto guardian in hindu law that difficulty has been felt, and it is bound to be felt similarly in the case of a de facto manager. in the case of the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-29-1949
Reported in : AIR1949Bom314; (1949)51BOMLR556
..... the co-sharers for the time being in the vatan estate and probably also the sons of co-sharers, who, according to the principles of hindu law, by birth acquire an interest in their fathers' ancestral property.it would be clear that while interpreting the word 'watan' in its context reference ..... agreement with him that defendant no. 1 has failed to discharge the burden which was on him to establish custom which departs from the ordinary hindu law of succession. therefore, the learned judge was right when he held that on the death of narayanrao, balasaheb and the plaintiff became entitled to ..... a custom to has been established which would go to show that these particular watan lands descend by primogeniture and not by the ordinary principles of hindu law. defendant no. 1 has relied for this custom on certain documentary evidence. in the first place, there are certain lavani patraks, exhs. 247 ..... estate or whether they are subject to the same ordinary hindu law of succession. it is now well settled law that to every estate, whatever its character, the ordinary hindu law of succession applies, and it is for the party who alleges that a different law of succession applies to prove as a matter of custom ..... lineal primogeniture it was held that the family of the plaintiff and the defendants did not for that reason necessarily cease to be a joint hindu family, and the defendants had a right by survivorship to the watan property even apart from the right of maintenance. these defendants were held .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-1949
Reported in : (1949)2MLJ268
..... were not dealing with or contempating the variety of circumstances relating to the composition of any particular joint family would in my judgment be really arresting the normal development of hindu law by a legitimate application and extension of its basic principles to meet the varying circumstances of particular cases with special peculiarities. such has been the normal course of development of ..... ;q%** 'let those who desire an increase of merit by the separate performance of worship for the gods and the manes, divide.' see also manu chapter ix-iii. the word 'dharma ' in sanskrit which i have translated as 'merit' has reference to religious acts such as the performance of panchamahayajnas, the secre of the romans. if the family is joint, worship ..... persons in the common wealth by assigning portions m several ownership. (24) bharuchi does not accept this as it is absent in a division of dharma (religious duty) (25) by division of 'dharma' is meant a division of dharma alone, that is to say, separate performance of vaisvadeva, the five great sacrifices and ancestral rites. (26) therefore in the case of the extremely ..... indigent owing to the absence of wealth (to be divided) division of dharma (religious duty0 may be made. on a division of dharma (religious duty) alone cam be made among those who desire an increase of (religious) merit in view of the saying of gautama by partition (religious .....Tag this Judgment!
Court : Allahabad
Decided on : May-11-1949
Reported in : AIR1951All93
..... the kabuliyat is not the real agreement between the parties, and the plaintiff cannot sue upon it.'70. in tyagaraja mudaliyar v. vedathanni , a hindu widow had signed an agreement at the instance of her husband's brother three days after her husband's death stating therein that her husband and her ..... as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. proviso (2). --the existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its ..... section 92 is in the following terms:'when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall ..... renders it absolutely unnecessary to examine and discuss the indian or english cases cited at the bar, or to make an attempt to formulate propositions of law established by them. whatever may have been held in those cases, we are bound to follow tyagaraja v. vedathanni . an examination of cases relating ..... this is plain from the language of the sections hemselves, and questions relating to admissibility of evidence have to be decided in this country, where the law of evidence has been codified, by a reference to the provisions of the evidence act only.18. as already stated, the language of section 91 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-13-1949
..... of any one of the numerous exclusive rights conferred by the various subdivisions of 1. congress has not disallowed such sales, and nothing in the due enforcement of the copyright law suggests their disallowance. quite the contrary. see ii ladas, the international protection of literary and artistic property, pp. 775-792 (1938). the scheme and details of the copyright ..... 325 u. s. 377 , 325 u. s. 381 . under these circumstances, the bureau's determination has little weight, and certainly does not bar this court from properly construing the copyright law, especially where congress had thoroughly overhauled the tax provisions pertaining to nonresident aliens less than three years after the bureau ruling was made. as one swallow does not make a ..... over its lifetime. [ footnote 2/7 ] free judicial rendering of needlessly imprecise legislation is sufficiently undesirable in that it encourages congress to be indifferent to the duty of giving laws attainable definiteness. here, we are dealing with legislation that is precise. yet the court chooses not to give it effect, and it does so on the basis of fiscal considerations ..... copyrights. to derive the existence of a practice from a single pronouncement by the treasury, constituting not the formulation of a fiscal policy but expressing a metaphysical view of copyright law not adopted by this court, gives a very loose meaning to the word "practice." 1. the commissioner here determined a deficiency and the tax court sustained the deficiency under .....Tag this Judgment!