Court : Chennai
Decided on : Mar-22-1951
Reported in : AIR1952Mad419; (1952)IMLJ308
..... -yohi nirnaya; yuktihine vicharetu dharmahani: prajayate., (the decision should not be based only on the 'sastras.' by an inequitable judgment there is permanent loss of 'dharma.')121. nor is hindu law devoid of examples of change of law for equitable considerations, despite texts, even vedic texts, to the contrary. thus, a vedic text by describing women as "nirindriya" (devoid of the necessary limbs ..... refer to the same, it is clear that the rules relating to such partial partitions should be sought for in places other than original hindu law texts. the law relating to partial partition is essentially judge-made law. such law was moulded out of considerations of principles of equity. therefore, one has to look to principles of equity in adjudicating on questions relating to ..... the purchase. further, the words "subject to the conditions and liabilities affecting at the date of transfer the share or interest so transferred", save the principles established by mitakshara hindu law that the right of an alienee is only to institute a suit for partition to work out his equities, subject to the charges and encumbrances affecting the coparcenary property or ..... 47, was followed were collected in the judgment in 'dharma rao v. bapanayya', 1941-1 mad l j 15. no doubt, a dissentient note was sounded by jackson and mockett, jj. in 'muthukumara sathapathiar v. sivanarayana pillai', 56 mad 534; but as pointed by the learned editor of mayne's hindu law at page 494 in the foot-note, the decision in .....Tag this Judgment!
Court : Chennai
Decided on : Jan-19-1951
Reported in : AIR1951Mad954; (1951)IIMLJ314
..... necessarily implies.'in holding that the disqualification of chastity was abrogated, they overlooked their own observations quoted above and construed the act so as to create a greater departure from hindu law than it necessarily implies. the well known rules of construction given in secretary of state v. bank of india ltd., i. l. r. (1938) bom. 502 and ..... , 19 cal. 289 and pathumma v. raman nambiar, 44 mad. 891. for instance, this enactment would not remove the disqualification based on the widow's unchastity imposed by the hindu law though it removed the disqualification arising from apostacy. moniram kolita v. keri kolitany, 5 cal. 776 and sundari v. pitambari, letani, 32 cal. 871 . that the legislature did ..... rights of succession to their husband's estate in supersession of the rules of hindu law which in the circumstances specified in the section gave them a mere maintenance out of that estate. the family a pivotal institution extolled by dharma sastras depended for its unsullied cohesiveness and continuity, upon the sanctity of marital relationship with its attendant obligation of ..... chastity i consider it improbable that the legislature would have overthrown the well-established and fundamental principle of hindu law founded in the deep rooted sentiments of the people that .....Tag this Judgment!
Court : Chennai
Decided on : Dec-13-1951
Reported in : AIR1952Mad613; (1952)IMLJ557
..... invariable usage of these mutts, always devolves upon the disciple selected and nominated by the outgoing head or matathipathi. it is not governed by the ordinary hindu law relating to the properties belonging to a sanyasi as laid down by mitakshara. the question was considered in a number of decisions of this court and also ..... 70 ind app 57. it may be an anomalous position, but as ob-served by mukherjea j. it is an anomaly which has been admitted into hindu law for a long time from which there is no escape. the addition of the right to dispose of property in article 19(1)(f) along with the ..... proprietary element in the shebaiti right and to show that though in some respects anomalous, it was an anomaly to be accepted as having been admitted into hindu law from an early date.'20. the view taken in 'baluswami iyer v. venkitaswami naicken', 32 mad l j 24, following the decision of the privy ..... some of the more important of this class of institutions and the leading exponents of the tenets of those creeds. as pointed out in mr. ghose's hindu law, page 680, no less than seven mutts, being among the most celebrated, owe their origin to the great adwaita philosopher sankaracharya. other mutts not less ..... the learned judge. in the case of temples undoubtedly the idol is the ideal person and juristic entity in whom the property is vested and the dharma-kartha or the manager for the time being had no sort of benficial interest in the property which is entrusted to his care and management but he .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-08-1951
Reported in : AIR1952Bom365; (1952)54BOMLR330
..... the sense that they would contract debts or would be liable to be sued by persons having business transactions with them. (see also mulla's principles of hindu law, 10th edn., p. 265).(35) when the manager of a joint family or a-member or members of a joint family enter into partnership with strangers, ..... business where he might contract debts and would be liable to be sued by persons who had business transactions with him.(34) a joint family in hindu law can own a business. the business can be conducted with the funds of the joint family and all the members of the joint family would be ..... letters patent being granted.(32) this ratio is determinative of the case and it would, not be necessary to go into the other interesting question of hindu law which was argued before us. in so far, however, as the judgment of the learned trial judge is categoric on the point which on all hands ..... execute the decree against the other coparceners personally but only to the extent of their share in the joint family property.(10) now, this being the position in hindu law, can it be said that, when a 'karta' carries on ancestral business, it is the joint family as such and every member of that family -- females ..... decree, if any, obtained against the manager. this, however, is by reason of the operation of the principles of hindu law and not by reason of the application of any principles of the law of contract. the other members of the joint family arc not liable to be sued at the instance of the creditors .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-04-1951
Reported in : AIR1952Bom395; (1952)54BOMLR263; ILR1952Bom621
..... from the date of the widow's death under article 141, schedule i, indian limitation act, 1908....'(6) these propositions enunciated in sir dinshah mulla's hindu law are based on two cases decided by their lordships of the privy council and reported one in 'runchordas vandravandas v. parvatibai', 26 ind app 71 (pc ..... benefit of the estate, and not for her own personal advantage, binds the reversioners as much as a decree against her after litigation (vide mulla's hindu law, pp. 219-320, section 199). the position, however, where a third person or a stranger dispossesses the limited heir of the property or any portion ..... any purposes whatever. it has been laid down that such limited owner represents the estate for certain purposes. those purposes are laid down in mulla's hindu law, 10th edn., page 168 (bottom):'subject to the above restrictions on alienation,she (a widow inheriting her husband's property)holds the property absolutely, and ..... heir to the estate of gopal.(4) that this is the true position is substantiated by authority. if one turns to sir dinshah mulla's principles of hindu law, i0th edn., p. 165, section 175, one finds the definition of ' reversioners' as the heirs of the last full owner, who would be entitled ..... property thus inherited, or may be in her turn a limited heir not getting an absolute interest in that property, but what is known to hindu law as a woman's estate or a widow's estate therein, in which last event the reversion would again open out on her death.but it .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-27-1951
Reported in : AIR1953All289
..... of worship have to be considered in determining the question as to who is to be regarded as a 'shebait'. 25. in prannath saraswati's hindu law, endowments, at p. 136, it has been observer! : 'great as is the religious merit of personally performing these services for the deity, the ..... identical with similar institutions in northern india and in the bombay presidency. in that case, it was also pointed out that neither under the hindu law nor in the mohammedan system was any property conveyed to a 'shebait' or a mutwalli' in the case of a dedication. nor was any ..... .' one of the questions raised in that suit was whether the succession to the office of a 'shebait' was governed by the ordinary rule of hindu law or by special usage. reference was made in this connection to the principle enunciatd in greedharreejee v. ramanlolljee, 16 ind. app. 137 (p.c ..... contention that on creation of an endowment 'shebaitship' automatically comes into existence, the appellant's learned counsel has relied upon the following passage in mulla's hindu law (10th edn.) section 421 at p. 509, and also upon the decisions of. the privy council on which the observations in the said passage are ..... 'shebaitship' which is the necessary commitment of the creation of an endowment came into existence; that as no one was appointed 'shebait' 'shebaitship' according to hindu law, vested in the founder, namely, brij lal, who became first 'shebait'; and that on the founder's death as he had not prescribed anypermissible rule .....Tag this Judgment!
Court : Orissa
Decided on : Feb-09-1951
Reported in : AIR1951Ori378
..... the theory that the process that takes place at that psychological moment is one of inheritance as distinguished from devolution by survivorship. the law amends the hindu law to the effect of adding the widow to the list of survivors as if she would be a member in the corporate body ..... widowed prior to the act are not intended to be benefited by its provisions. the act is intituled as an act to amend the hindu law governing hindu women's right to property. the scope and object, except what appear from the preamble, are sought to be succinctly epitomised in section ..... the male relations of the same degree without removing other women relations even a step further than the places they have been occupying under the. hindu law. here, i would point out that the act pre-eminently intends to benefit predeceased sons' and grandsons' widows. brother das's construction would ..... conception of property. for the sake of perspicuity and clear visualisation of the differences as to the incidence of the newly introduced rule into the hindu law of succession, the legislature has been particularly careful to maintain the two different phraseologies. in sub-section (3), the word 'interest' has been ..... devolution adversely affects the rights of each coparcener vested in him from the moment of his birth, defined and determined with reference to fixed hindu law rules and may also have the effect of adversely affecting past transactions. the machinery in the act provided for benefiting mitakshara joint family .....Tag this Judgment!
Court : Chennai
Decided on : Jan-30-1951
Reported in : AIR1952Mad1; (1951)2MLJ209
..... learned judges were not prepared to postulate sapindaship between the putative father and the illegitimate daughter. the opening sentence in page 763 of ghose's hindu law (3rd edn.) restricts the illegitimate child's inheritance to the mothers property.'this decision was affirmed on appeal under the letters patent by a ..... claim holding that except in the case of sudras among whom illegitimate sons have a right of succession, illegitimate children are not heirs under the hindu law established under the mitakshara system to succeed to the property of any kind left by either of their parents. here again, we in this ..... or great grandson of the propositus, the sharing in such a case being per stripes by way of an exception to the rule of hindu law by which the inheritance devolves on the nearest sapinda. to introduce into the scheme of succession of the mitakshara beyond the limits now recognised ..... dealing with a case of an illegitimate son claiming to succeed a legitimate son who predeceased the father and basing his right under the text of hindu law. the illegitimate grandson of kandaswami, i. e., defendant, 4 cannot be considered as coming within the purview of the test which speaks of ..... . r. (1942) mad. 419 the judicial committee definitely ruled that an illegitimate son is not an aurasa son, as that word is used in hindu law, and this their lordships observed, was elementary. their lordships pointed out :'aurasa baa always been used to import the highest class of son--the son begotten .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-12-1951
Reported in : AIR1951HP69
..... the position here. in the present case, the defts. impliedly admitted in the trial court that if the parties were not governed by the hindu law, but by customs recorded in the riwaj-i-am of tehsil nahan, they would be bound by those customs or in any case, they waived ..... defts. contended in their written statements was that the customs were not applicable to the saraswat brahmins of nahan since they were governed by the hindu law. it was nowhere pleaded that they were not applicable because the property in suit was not ancestral. it is noteworthy that the only alternative ..... after the death of the adopter. that is no doubt the sense in which adoption is understood amongst the agricultural tribes of the punjab. under the hindu law the objects of adoption, as is well-known, are twofold, one the religious object ofsecuring spiritual benefit to the adopter & his ancestors, & the ..... . the question would then arise as to whether this process of deduction would be a permissible way of concluding that the aforesaid general customary law obtaining amongst the agricultural tribes of the punjab is also applicable here. might it not be contended that this process of deduction is not ..... that there is no justification for interpreting adoption as a transfer of property in conformity with the connotation of that term according to the customary law prevalent amongst the agricultural tribes of the punjab. consequently, the aforesaid entries in the riwaj-i-ams for tehsil nahan relating to adoption amongst .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-19-1951
Reported in : AIR1952Bom162; (1952)54BOMLR52; ILR1952Bom317
..... a gotraja sapinda, as in the ease before us, there was a considerable discussion before us in regard to the construction of these various sections of the digest of the hindu law and we find no answer to this conclusion which we have reached, forth coming from the learned advocate of the appellants. the position, therefore, as laid down by the learned ..... of our courts here even though they might have been pronounced prior to 1920 but shall be guided only by the provisions of this digest of hindu law which laid down the law as applicable to the hindu subjects of the kolhapur state. the authority of a woman to adopt is contained in the caption 'adhikar asaleli stree' at page 34 of this ..... subjects of kolhapur state continued to be governed by the digest of hindu law which was adopted by the kolhapur state in 1920. whatever may have been the position of the subjects of the province of bombay with regard to the application of the ..... attention has not been drawn to any authority which has laid down that over and above this digest we have also got to be guided by the general principles of hindu law as administered in the province of bombay. whatever may have been the position as it obtained in the province of bombay after 1920 did not affect the kolhapur state. the .....Tag this Judgment!