Court : Chennai
Decided on : Nov-07-1952
Reported in : AIR1953Mad571; 1953(I)MPLJ358
..... dancing girl community who adopt the hindu faith and hindu customs & manners must be treated as persons governed by the ordinary hindu law, but on account of the special kind of life led by them which is in important respects inconsistent with hindu dharma on which ultimately hindu law is based, they are governed largely by custom and usage often not ..... any particular case of disputed succession the general rules of hindu law may be applied by analogy as rules, of justice and ..... in consonance with hindu law. where there is no proof of a custom directly applicable to ..... right to succeed. but the learned judge was obviously faced with this difficulty, namely, that in the absence of custom he had to apply the general rules of hindu law. under the hindu law 'sapinda' relationship and propinquity were based on the legitimacy of the offspring.8. the result of the authorities above cited appears to be this that members of the .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-15-1952
Reported in : AIR1953Kant92; AIR1953Mys92; ILR1953KAR357
..... line and the religious and secular consequences of that continuance, it must so relate back overlooked a very important feature of the hindu law of adoption that, according to dharma sastras the effect of an adoption as regards the gotra the riktha and the pinda should be the same and the three ..... adoption) cease (as far as that son is concerned).' 13. a very important feature of hindu law of adoption that is stated to have been overlooked in the two decisions overruled is 'that according to dharma sastras the effect of adoption as regards gotra, riktha and pinda should be the same and ..... has already been shown how the adoptive ceremony itself makes it clear that it has no retrospective effect. it is, however, necessary to state that hindu law abhors extinction of a family ^^iztkrrqa ek o;opnsplh%** 'do not break the line of progeny' is the injunction given in taittareya upanishad to ..... before adoption. this was an attempt made in the high courts of india to construe the privy council decisions as consistent with the true principle of hindu law which does not contemplate adoptions divesting estates already vested. it is rather unfortunate that a later decision of the privy council in -- 'anant bhikkepa v ..... adoption by the widow of a son-less man : see in this connection -- 'surya-narayana v. venkataramana', 29 mad. 382 (i). the hindu law itself sets no limit to the exercise of the power during the lifetime of the donee, and the validity of successive adoptions in continuance of the line .....Tag this Judgment!
Court : Chennai
Decided on : Apr-08-1952
Reported in : AIR1953Mad202; (1952)2MLJ344
..... ceased to exist and in its place a maintenance right has been substituted.the nature of the claim is thus described in apastamba's dharma-sutras, quoted at page 234 of golapchandra sarkar sastri's hindu law, 8th edition:"there is no partition (or separation) between husband and wife because from the 'taking of hand' (i.e., ..... is a member of the family. since the right to maintenance is not property it cannot be assigned. at pages 333 and 334 of mayne on hindu law and usage, llth edn. the learned author states that the female members of the family have no vested right by birth and come in only as ..... of a widow from her husband's estate in the hands of the surviving coparceners, is based upon the theory that in remote past, when the hindu law had not developed as a result of judicial decisions as it is today, the female member had some kind of rights in property without being a coparcener ..... is required.) "dravyaparigraheshucha".from the fact that as a result of marriage it is stated that there is jointness in the ownership of wealth, the earlier hindu law-givers contemplated the wife to have some kind of right in the property of her husband, the origin and nature of such a right can also ..... right to maintenance in the share of her husband in the joint family property? the contention urged on behalf of the appellant is that according to hindu law-givers, originally the wife and the husband had common ownership of property and her right to maintenance had to be traced to such ownership. it is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-23-1952
Reported in : AIR1952P& H387
..... any alienation made by him. the courts below in fact seem to have proceeded on the basis that the plaintiffs are reversioners.4. the term 'reversioner', however, is used in hindu law to describe the heirs of the last full owner entitled to succeed to the estate of such owner on the death of a widow or other limited heir, and clearly ..... , but i do not think the scope of the section can properly be extended beyond this. i myself am not aware of any instance in which an heir, whether a hindu or anyone else, has claimed a right to interfere with and control the dealings with property of the full owner to whom the plaintiff hopes to succeed.6. on the ..... of the applicability of section 42 alone. however this may be, it is impossible on the view i take to permit a decree to stand which is not authorised by law. i think therefore i must accept this appeal and set aside the decrees of the courts below and direct the suit to be dismissed. parties to bear their own costs .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-07-1952
Reported in : AIR1953Bom127; (1952)54BOMLR892; ILR1953Bom435
..... and of bhimabai, the appellants are entitled to succeed to bhimabai through collateral succession. in putting forward this contention mr. desai has overlooked a very important & elementary principle of hindu law, & that principle is that sapinda relationship is based upon wedlock and can only arise out of legal wedlock. to this principle, as i shall presently point out, certain exceptions ..... there is no 'sapinda' relationship between the collaterals of bhimabai and bhimabai herself, and the descent cannot be traced through the common ancestor arjun because in the eye of the hindu law bhimabai has no 'sapinda' relationship with arjun. only the caveators have a 'sapinda' relationship with arjun. mr. desai says that he could undoubtedly have succeeded to the ..... if she was excluded from collateral succession, in turn the appellants were excluded from, collateral succession to bhimabai. the contention of mr. desai is that there is nothing in hindu law to exclude the appellants from succeeding to bhimabai, in order that the appellants should succeed, sapinda relationship must be established between them and bhimabai, and sapinda relationship is described ..... as against this there are two decisions of this court which emphasise the fact that an illegitimate son is excluded from all collateral relationship. the first is a judgment in --'dharma lakshman v. sakharam ramjirao (5). in that case a sudra died and his property was claimed by two sons, one of whom was his divided brother, and the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-03-1952
Reported in : AIR1954Mad326; (1953)IIMLJ50
..... for the employment of such agents in the detection of offences and the promotion of justice.then coming to the age of law-givers, dharma sastra, artha sastra and sukra-niti devote separate chapters in regard to the employment of such secret agents. in the dramatic ..... far as this country is concerned the employment of spies, 'agents provocateurs' and trap-witnesses is in accordance with the best traditions of hindu and muslim statecraft. i have dealt elsewhere at length with this aspect of administration of justice in pre-british india. (magisterial and police ..... received with great caution and should be closely scrutinised. but to hold that such evidence ought not to be admitted in courts of law would be to deprive the authorities of their weapon in securing the observation of enactments like the excise or suppression of immoral traffic ..... he would then be a guilty participant in the crime and this also saves the trapwitness from being classified as accomplice. finally, the law of accomplice's evidence does not recognise 'practically accomplice' or 'more or less accomplices' and 'that all persons coming within the ..... law and order and for the booking of offenders. these traditions, strengthened by the foreign experiencesof the muslims, continued in the administration of sultanates of delhi and deccan and of themoghuls.22. it is enough if we extract here the information given in the artha sastra and the tamil sacred kural which are considered to be the most reliable expositions of hindu .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-28-1952
Reported in : AIR1953All134
..... by the lower appellate court, no grievance can be made by thakur dei. what the court has found is that thakur dei is not entitled to pay maintenance under, the hindu law because she succeeded to the property left by her deceased husband. a widow who inherits her husband's property is not entitled to maintenance. if she makes a transfer of ..... , which was not claimed.4. the munsif utraula, district gonda, framed five issues, he found that the plaintiff was not entitled to any maintenance under ex. 1 or under the hindu law. he further found that the agreement (ex. 1) had been superseded by the decree in the case instituted by thakur dei for possession of the property. he gave findings on ..... . there can be no doubt that the view of the lower court on this aspect of the matter is perfectly in accordance with law. thakur dei was thus entitled in the present case to maintenance not as a hindu widow but because she had a claim under ex. 1. it was, therefore, wholly unnecessary to decide whether she has remarried or she ..... by the person claiming equity. if the person claiming equity has not fulfilled the obligation imposed upon him, he cannot claim that he is being inequitably dealt with, if the law is enforced and no equitable consideration is shown. in the present case the decree passed in the previous suit set aside the contract but directed that thakur dei should pay .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-04-1952
Reported in : AIR1952All1011
..... certain person, the latter made a second adoption. the two adoptees agreed to divide the property left by the adoptive father half and half, ynder the hindu law, a man could make only one adoption and no more during the lifetime of the boy adopted. subsequently the boy first adopted, who had already ..... ashruff hossain, 8 cal. 732 and ali muhammad v. anjuman-i-islamia, a. i. r. 1931 lah. 379. these were cases under the mohammedan law. even under the hindu law, the office of a shebait cannot be alienated, as pointed out by page j. in nagendra nath v. rabindra nath a. i. r. 1926 cal ..... has some resemblance to ramanathan chetti v. murugappa chetti, 33 ind. app. 139 (p. c.), which dealt with a hereditary office of shebait of a hindu temple. on the death of one shebait, it vested by inheritance in a and b, who were his sons by two wives. a and b held ..... 869 and  mahomed hussain v. m. m. j. m. committee, puddupet a. i. r. 1940 mad. 167. the first was a case between hindu parties, the facts of which clearly show that the devolution of managership was made hereditary, and that the subsequent arrangement entered into by the various branches of the descendants of ..... certain proposal involving his payment of some money and thereby his being absolved from all further liability. that proposal was accepted by the company. subsequently the law was differently interpreted and according to that interpretation he should not have been placed as a contributory upon the list. still he was held bound by .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-20-1952
Reported in : AIR1953P& H268
..... not from maternal grandfather; and it was governed 'by the custom of the punjab', but it was not suggested that the custom differed from the hindu law on the issue before their lordships.'it was held in this case that the estate which was inherited by the grandson from his maternal grandfather could ..... their lordships of the privy council that unless the lands came 'by descent from a lineal male ancestor in the male line they are not deemed ancestral in hindu law'. in a later case --'muhammad hussain khan v. kishva nandan', air 1937 pc 233 (g), their lordships referred to 'atar singh's case (f ..... in construing statutes dealing with hindu law subjects will be questionable. the same is the case where a statute regulates limitation for suits under ..... i to article 59 of rattigan's digest of customary law and under all canons of construction of statutes it will not be permissible to resort to the dictionary in preference to this definition. the term has a technical meaning in hindu law and any use of the dictionary meaning of the term ..... privy council in -- 'the collector of masulipatam v. cavaly vencata narrainapah', 3 moo ind app 529 (pc) (d), which was adopted under the customary law in --'gobinda v. nandu', air 1922 lah 217 (e). finally the learned judge said at p. 119:'under custom the term ancestral immovable property has been .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-08-1952
Reported in : AIR1953Bom321; (1952)54BOMLR940; ILR1953Bom219
..... 11) the same view was taken in -- 'parvatibai gopal v. maruti', air 1945 bom 60 (i), in which it was held that under the hindu law as between the indigent daughters, the daughter who is comparatively more indigent is entitled to succeed. mr. justice sen, who decided this case, found that ..... circumstances of bakubai, widow of eamdas, and manehhabai, wife of motilal, are so far different, as to give bakubai a prior right of inheritance under hindu law as compared with manchhabai, on the ground that she is an unprovided (nirdhan) daughter?'(7) bakubai could, therefore, get a prior right of inheritance ..... plaintiff is entitled to succeed to the whole of the estate of her father ganpatlal to the exclusion of her sister. the relevant text of hindu law is contained in para. 11 in section 3 in chapter i of the mitakshara, which is as follows:'on the subject of (daughters) a ..... lordships of the privy council quoted the following passage from sir william maenaghten's principles and precedents of hindu law as being the correct proposition of law:'.....but there is a difference in the law as it obtains in benares on this point, that school holding that a maiden is in the first ..... her, even a provided daughter qualified by the attributes 'equal', &c.; takes the property agreeably to the proprin-quity previously mentioned.'(see pages 181-193 in law of inheritance as in tlie viramitrodaya translated by shastri, 1879 edition).(5) in -- vedachela mudaliar v. subramania mudaliar', air 1922 pc 33 (a) the .....Tag this Judgment!