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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 1956 Page 1 of about 361 results (0.073 seconds)

Apr 23 1956 (HC)

Balusami Reddiar, Minor by Guardian, Nagammal and ors. Vs. Balakrishna ...

Court : Chennai

Decided on : Apr-23-1956

Reported in : AIR1957Mad97

..... that even if such marriages had taken place and had been approved by the community whether that should be perpetuated.as stated in may no on hindu law and usage, 11th edn. the sanskrit word which is used by manu and yajnayalkya for custom is sadachara or the usage of virtuous men. the ..... raised by defendants 1 and 2 was that the marriage between ramaswami reddiar and the fourth plaintiff being incestuous and invalid in law as it is prohibited under the hindu law or for the matter of that by any recognised system of jurisprudence the fourth plaintiff had not become the legally wedded wife of ..... is either ancient or certain or reasonable. a few instances in a community microscopic in nature, cannot constitute a valid custom which a court of law will recognise and enforce. a custom which is abhorrent to decency or morality, however long practised and recognised by a particular community, can find no ..... that also should not be opposed to decency or morality. no custom, which is opposed to public policy can be recognised by any court of law. nor can immoral usages, however much practised, be countenanced.as to the test of immorality it must be determined by the sense of the community ..... learned author says that sadachara or approved usage should not be contrary to dharma though in india custom or usage having the force of law will override the texts of law-givers. the requisites of a valid custom are that the same should be ancient, certain and reasonable and .....

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Apr 23 1956 (HC)

Baluswami Reddiar Minor by Guardian Nagammal and ors. Vs. Balakrishna ...

Court : Chennai

Decided on : Apr-23-1956

Reported in : (1956)2MLJ357

..... out that even if such marriages had taken place and had been approved by the community whether that should be perpetuated. as stated in mayne on hindu law and usage (11th edn.) the sanskrit word which is used by manu and yajnavalkya for custom in sadachara or the usage of virtuous men. ..... contention raised by defendants 1 and 2 was that the marriage between ramaswami reddiar and the fourth plaintiff being incestuous and invalid in law as it is prohibited under the hindu law or for the matter that by any recognised system of jurisprudence, the fourth plaintiff had not become the legally wedded wife of ..... is either ancient or certain or reasonable. a few instances in a community microscopic in nature, cannot constitute a valid custom which a court of law will recognise and enforce. a custom which is abhorrent to decency or morality however long practised and recognised by a particular community, can find no ..... and that also should not be opposed to decency or morality. no custom which is opposed to public policy can be recognised by any court of law. nor can immoral usages, however much practised be countenanced. as to the test of immorality it must be determined by the sense of the community ..... the learned author says that sadachara or approved usage should not be contrary to dharma though in india custom or usage having the force of law will override the texts of law-givers. the requisites of a valid custom are that the same should be ancient, certain and reasonable .....

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Mar 19 1956 (HC)

Manorama Bai Vs. Rama Bai and ors.

Court : Chennai

Decided on : Mar-19-1956

Reported in : AIR1957Mad269

..... descend to the widow by inheritance. this is the mitakshara theory of survivorship which the 'shivaganga case (z34)', put in the following words: 'according to the principles of hindu law, there is coparcenership between the different members of a united family, and survivorship flowing upon it. there is community of interest and unity of possession between all the members ..... this devolution cannot be attributed to survivorship because survivorship applies as between coparceners and the widow is not a coparcener. the question as to how the deceased husband's hindu law and some decisions of the madras high court have described this devolution as by inheritance. bhagwati and dixit jj. have however taken a contrary view. it has been ..... senior member to take by survivorship still remains'. what in this state of the authorities is the connotation of the term coparcener under the hindu law? the english law association of coparcenary with joint inheritance is clearly inapplicable to hindu law. the notion that coparcenary is a relationship between members of a joint family, though, supported by colebrooke, is contradicted by the judgment ..... is called samsrsta or samsrstin (who has re-united wealth). (see kane's history of dharmasastra, volume iii, pages 765 and 766. 18. thus re-union under the hindu law takes place where, after partition, the separated coparceners agree to have joint residence, joint estate and joint possession of the estate with the other clear condition that 'the property .....

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Feb 15 1956 (HC)

Harishankar Lath and ors. Vs. General Merchants Ltd.

Court : Orissa

Decided on : Feb-15-1956

Reported in : AIR1956Ori186

..... all j. who delivered the judgment adhered to his view expressed in 'sirikant lal v. sidheshwarr prasad', 1937 pat 455 (air v24) (k), that a joint hindu family being a legal person according to hindu law lawfully represented by and acting through the managing member or head thereof-is included ordinarily in the term a person'. in 1937 pat 455 (air v 24) (k ..... 'krishnanand math v. ram singh', 1922 all 116 (air v 9) (l) that'the head of the joint hindu family is not the same as that of an ordinary business agent and that a joint hindu family, being a legal person according to hindu law lawfully represented by & acting through the managing member or head thereof, is included ordinarily in the term 'a person'.in ..... is not the same as that of an ordinary business agent, and according to the true view, a joint hindu family being a legal person according to hindu law, lawfully represented by and acting through the managing member or head thereof, is included ordinarily in the term 'a person'. 'in the case of 'mewa ram v. ram gopal', 1926 all ..... individuals.8. further, the expression 'person' as used in order 30, rule 10 civil p. c. may be made applicable to a legal person and a joint hindu family can be, in the eye of law, a person. in the case of alekh chandra v. krishna chandra', 1941 pat 596 (air v28) (j), the patna high court was of the opinion that .....

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Dec 19 1956 (HC)

Gostha Behari Bera and ors. Vs. Haridas Samanta and ors.

Court : Kolkata

Decided on : Dec-19-1956

Reported in : AIR1957Cal557,61CWN325

..... nothing in section 4 which compels or even favours or warrants a different view. section 4 in its relevant clauses (a) & (b) of sub-section (i), merely abrogates the hindu law and other laws, so long applicable to hindus, as against provisions, made in the act, and, if section 14 had applied to this particular case by its own force, section 4 would ..... have excluded operation or application of the relative rules of hindu law or any other inconsistent law and it would possibly have done so, so far as section 14 is concerned, having regard to the operative language of this latter section, even in proceedings, pending ..... retrospective. mr. sen's argument on section 14 must, therefore, fail.14. mr. sen also argued that, in view of section 4 of the act, the old law of limited estates under the hindu law would absolutely cease and, therefore, the reversioner would altogether disappear from the picture and that, accordingly, section 14 should be given a meaning, consistent with that change or ..... 4, sub-section (1), of the act declares; ''save as otherwise expressly provided in this act -- (a) any text, rule or interpretation o hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b .....

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Jan 31 1956 (HC)

Bibuni Bewa Vs. Padmanav SwaIn and ors.

Court : Orissa

Decided on : Jan-31-1956

Reported in : AIR1956Ori105

..... haldar', 28 cal 278 (i), in which it was held that 'a sonless widowed daughter in indigent circumstances is not entitled under the bengal school of hindu law to separate maintenance out of her father's estate which has descended to his heirs;'but in that decision the question whether having regard to the dicta of ..... her father, if he has got separate property of his own, is under moral, though not a legal obligation to maintain her'.golap chandra sarkar sastri in his hindu law, 6th edn., at p. 294 under the heading 'members of a joint family' states:'the members axe males and females.. ..the female members are the wife ..... her maintenance after his death. on his death, the moral obligation becomes a legal obligation when the estate comes into possession of his heirs.'in mulla's hindu law, 11th edn, at p. 634, it is observed as follows:'a daughter on marriage ceases to be a member of her father's family and becomes ..... daughter, she cannot be said to be a member of such undivided family to which the property belongs.12. in mayne's hindu law, 11th edn.; at p 324, it is observed:'a hindu joint family consists of males and females, daughters born in the family are members of it till their marriage, and women married ..... heirs.'in a full bench case in 'ambu bai v. soni bai',air 1940 mad. 804 (l), it was held that the ruleof hindu law that there is a moral obligationon the father to support his daughter, marriedor unmarried, applies to a widowed daughter whois penniless, and consequently a .....

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Jun 21 1956 (FN)

Southern Railway of Peru Limited Vs. Owen (inspector of Taxes)

Court : House of Lords

Decided on : Jun-21-1956

..... authority which is binding on your lordships. on the contrary, there are two decisions of this house which negative the existence of any such rule of law. in sun insurance company v. clark, supra, the house had to deal with the ascertainment of the profits of a fire insurance business which had ..... facts sufficiently, some presumption has to beinvoked to fill the gap. and our task is: not made any easier by the knowledge that, though the law with its system of precedents may sometimes seem to stand still (i hope that it does not), it is quite certain that the techniques and practices ..... is not profit or gain must primarily be one of fact and of fact to be ascertained by the tests applied in ordinary business. questions of law can only arise when (as was not the case here) some express statutory direction applies and excludes ordinary commercial practice, or where, by reason of ..... years of service in accordance with the remuneration received until the time of the reduction. following compensation will be calculated in accordance with the reduced remuneration (law no. 9463). thus, what is paid in the year of retirement is paid in respect of the whole period of service and is indeed declared ..... which the employer pays for the work of his employee, whether the latter's engagement is for an indefinite period or for a fixed time ..." and law no. 9463, speaking in the same strain, adds the reduction in remuneration accepted by an employee shall not impair in any way the rights acquired for .....

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May 02 1956 (HC)

Dominion of India Vs. AmIn Chand Bhola Nath

Court : Punjab and Haryana

Decided on : May-02-1956

Reported in : AIR1957P& H49

..... of stare decisis. undoubtedly, if the words in a statute are capable of two interpretations or their meanings are doubtful, then the courts of law should not upset a series of decisions over a considerable period even if the precedents have adopted a less logical view.in the present case, ..... statue there is no principle which precludes the court from correcting the error. any other conclusion would have the effect of the courts of law enforcing a statute contrary to the intention of the legislature as expressed in the statute merely on the ground that wrong meanings have been ..... with the privy council, as i have already stated, this consideration that it may cause inconvenience or hardship should be ignored by the courts of law when dealing with the question of limitation.16. for these reasons i find myself unable to accept, with great respect to the learned judges, ..... the rulemust be enforced even at the risk of hardship toa particular party. the judge cannot on equitable grounds enlarge the time allowed by the law,postpone its operation, or introduce exceptionsnot recognized by it.' it is therefore well established that the provisions of limitation act must be construed according ..... that have to be construed.these words have to be given strict grammatical meaning and equitable considerations are out of place in provisions of law limiting period of limitation for filing suits or legal proceedings. the principles which should be followed in construing provisions of limitation were laid down .....

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Jan 23 1956 (HC)

Keshav Govind Oka Vs. Ganpatrao Bhaurao Kadu

Court : Mumbai

Decided on : Jan-23-1956

Reported in : (1956)58BOMLR645

..... any evidence of lawful possession taken by him otherwise than in his capacity as a khot. the land was definitely therefore not khoti khasgi land, and the appellant did not ..... is placed upon section 2(1), clause (vii), sub-clause (b)(ii) :land acquired since the original survey by the khot by purchase or other lawful transfer otherwise than in his capacity as a khot.there is no evidence however to show that the khot has acquired this land by purchase, nor is there ..... meaning of that term as used in that section. prior to the bombay khoti abolition act, 1949, so far as the kolaba district is concerned the law was that if a tenant transferred land to someone else without the consent of the khot, then the khot was entitled to reversion of the land and ..... 1949, the words have separately been denned to mean different things in the two districts. but the law which was applicable to the kolaba district formerly, that is, before the introduction of the bombay khoti abolition act, 1949, was section 38 of act i of ..... and the question in appeal is with regard to the meaning of the word 'resignation' in this provision. now, there has been a difference in the law applicable to khoti lands in the ratnagiri district and that applicable to khoti lands in the kolaba district. that was why in the bombay khoti abolition act, .....

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Jun 28 1956 (HC)

J.G. Vakharia Vs. Regional Provident Fund Commissioner

Court : Mumbai

Decided on : Jun-28-1956

Reported in : (1957)ILLJ448Bom

..... , then no liability should be imposed upon them merely because the court may not approve the manner in which the transaction was effected. it is well-settled canon of taxation law that a subject is entitled to avoid paying tax if legally he can do so. even that canon is looked at rather askance in the context of times that we ..... the question that we have to consider is whether the subterfuge has succeeded and whether the subterfuge should be permitted in order to circumvent the law of the land. the petitioner is the father of two major and two minor sons. in october 1949 there was a partnership between the petitioner and his father in the ..... are living in, but the act that we are dealing with is not a taxation law. it is a social legislation and the canon of construing a social legislation is very different from the canon of construing a taxation ..... law. the court must not countenance any subterfuge which would defeat the provisions of a social legislation and the court must even if necessary strain the language of the act in .....

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