Court : Chennai
Decided on : Dec-18-1959
Reported in : AIR1960Mad436; (1960)IIMLJ55
..... held"that members of the dancing girl community who adopt the hindu faith and hindu customs and 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 in consonance with hindu law. when there is no proof of a custom directly applicable ..... to any particular case of disputed possession, the general rules of hindu law may be applied by analogy as rules of ..... properties of the other, and that that relationship cannot continue even amongst the descendants of such children. in other words, the learned government pleader contended that under the hindu law, collateral or cognatic relations could not trace succession to an illegitimate son, and that heritable relationship could not be extended to collaterals in the case of illegitimate offsprings. .....Tag this Judgment!
Court : Chennai
Decided on : Nov-25-1959
Reported in : AIR1960Mad467
..... following (so far as united states of america is concerned) and p. r. ganapathi iyer's law relating to hindu and mahomedan endowments, second edition, and b. k. mukherjee's hindu law of religious and charitable trust (tagore law lectures, 1936) and p. v. kane's history of dharma sastra, volume 2, chapter iii page 105 and following (so far as india is concerned) ..... or religious mendicants, shelters for travellers, temples of learning, establishments of suttaras, or alms-houses, athithishalas, pathashalas, excavation and consecration of shady trees and the like': shastri's hindu law, viii edn. p. 665. these have been more succinctly and methodically stated by the right honourable mr. ammer ali, in the judgment of the privy council in vidya varuthi ..... acts which are unconnected with any srauta or vedic sacrifice. the meaning of these two expressions has been discussed elaborately by pandit pran nath saraswati, in his tagore law lectures on the hindu law of endowments.following a text of sankara quoted by hemadri, pandit pran nath saraswati makes the following enumeration of istha works viz.:, (1) vedic sacrifices etc. (2 ..... and james hastings encyclopaedia of religion and ethics vol. iii charity p. 373 and following; ibid charity-almsgiving-hindu p. 387; vol. vi food-hindu p. 63 and .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-30-1959
Reported in : AIR1959MP301
..... common or as joint tenants ought to be decided on the principle of stare decisis and not on the principle of the general hindu law or the later exposition of the hindu law by their lordships of the federal court.'19. as per opinion of the division bench, the present plaintiffs became tenants-in-common ..... common or as joint tenants ought to be decided on the principle of stare decisis and not on the principle of the general hindu law or the later exposition of the hindu law by their lordships of the federal court.'15. the case shall now be returned to the single judge for further decision on ..... 154 that the interest that a widow, got in her husband's tenancy holding should be deemed to be a limited estate under the general principles of hindu law subject to all restrictions as to alienations. however, in later cases the rule of survivorship was specifically excluded. in mt. gowra v. chai-tram, ..... took the same view.10. it is true that skinner, additional judicial commissioner in atmaram v. lala, 7 nag lr 36 applied another principle of hindu law in holding that a son joint with his father was entitled to succeed to his father's tenancy rights in preference to a separated son. subsequently ..... tenants-in-common, except only (1) widows, and (2) daughters who take as joint tenants with rights of survivorship.' it is clear that if hindu law with all its implications were to be applied, gunhari and sitaram would be joint tenants after the death of abhinath and the rule of survivorship would .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-11-1959
Reported in : AIR1959Cal697,64CWN963,38ITR316(Cal)
..... lingaraj, (s) air 1956 orissa 1 the view of the madras high court was followed. it was held that it was opposed to the fundamental principles of hindu law that a person who is not a co-parcener though a member of a joint family, for example the mother, should be capable of being a karta of ..... term 'manager' as used for purposes of the act with the term 'karta' as used in hindu law. the word, 'karta' is a technical term of the hindu law. only a male co-parcener can be a karta. but, where in a hindu undivided family there exists no karta, or where the male members are all minors, and there ..... far as this case is concerned. to start with, it cannot be denied that a hindu female cannot be a co-parcener under the hindu law. but, for the purpose of the indian income tax act, we are not concerned with the hindu co-parcenary, as has been clearly pointed out by the judicial committee. what we are ..... held that the exclusion of females from the right to act as a karta or manager of a hindu joint family was archaic and need not be followed, whereas in the madras case it was held that the hindu law on the subject must be followed strictly until there was legislation, and that it was not permissible to ..... in all these cases the question was whether a female could be a 'coparcener' in a hindu undivided family or whether she could be a karta or manager thereof in accordance with the notions and tenets of the hindu law. the question before me in this application how-ever, is not whether upon the death of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-24-1959
Reported in : AIR1960P& H6
..... until the widow died, and that the person who would be the next reversioner at that time would succeed to the estate and the alteration in the rule of the hindu law brought about by the act would then be in full force.' in the course of argument, reliance was placed upon the words 'dying intestate' in the said act (the same ..... to observe that their lordships are in complete agreement with the view of the leaned chief justice in that case, that, during the lifetime of the widow, the reversioners in hindu law have no vested interest in the estate but have a mere spes successions or a chance of succession which is a purely contingent right which may or may not accrue ..... applicable on the date of the death of bhagwan singh.an identical question arose and was dealt with in a large number of cases on the coming into force of hindu law of inheritance (amendment) act no. 2 of 1929. the series of full bench decisions on the point were reviewed by the learned chief justice of the allahabad high court in ..... on the death of the limited owner and not on the death of the last male holder is peculiar to hindu law and can have no application to a case the parties to which are governed by custom. both under hindu law and punjab customary law the respective rights of a widow in possession of the husband's estate and of the reversioners are analogous .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-1959
Reported in : AIR1959SC1147; (1959)IILLJ4SC; 1SCR24
..... whether adverse possession has been proved, or whether a hindu family has ceased to be joint as a matter of law accepting the facts proved. the appellate tribunal will therefore have jurisdiction to consider whether on the facts proved before the industrial ..... for grant of puja bonus has been established. the appellate tribunal therefore had jurisdiction to consider this matter. 10. the next question is whether in law the decision of the appellate tribunal drawing the inference of an implied term of employment in this case is correct. the undisputed facts here are these ..... be easily disposed of. we are of opinion that the decision whether there is an implied term of employment is a mixed question of fact and law and not a pure question of fact. this is similar to the decision, for example, on a question whether a custom has been established or ..... of the industrial tribunal as it was a finding of fact; and (2) even if the appellate tribunal had jurisdiction, its decision is incorrect in law. 7. puja is a special festival in bengal and it has become usual with many firms there to give bonus before puja to their workmen. this ..... workmen were entitled to take into account the service rendered by them under messrs. m. m. ispahani ltd. in the matter of benefits due under the law during their service under the company. 5. this award led to two appeals, one by the company on the question of benefits arising from the service .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-21-1959
Reported in : AIR1960Cal235,64CWN646
..... there are no emoluments attaching to the office. further, shebaiti its of has been described as property descendible according to the ordinary rules of hindu law. the highest tribunals have held that it is not possible to separate the two elements of office and property. more curtailment of the right ..... be the shebait of the said deity,' infringes the rule of succession in hindu law. the testator sought to appoint only the descendants in, the male line of the named shebait to function after their death. the expression 'lineal ..... hesitation in coming to the conclusion that the provision for appointment of shebaits to succeed the two daughters and the nephew is invalid according to hindu law. in my opinion the direction that after the death of the named persons 'the lineal male descendant or descendants of the said shebaits shall ..... of kartick and ram respectively, the succession to the office of shebait and the in come of the estate must be according to the ordinary hindu law of succession.' 30. these cases were reviewed in the case of bhabatarini debi v. ashalata debi . by a deed of arpannama one sital chandra ..... the plaintiff contends that by clause 4 of the will the testator purported to lay down a line of succession to the shebaitship unknown to hindu law which is accordingly invalid. in paragraph 22 of the plaint she contends that upon the death of the testator the remainder and/or reversionary interest .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-25-1959
Reported in : AIR1960Kant147; AIR1960Mys147; ILR1959KAR577
..... tirkangauda mallangauda v. shivappa patil, where it is held as follows:'among the lingayats who are governed by hindu law as applicable to sudras a woman in the absence of a custom to the contrary is incompetent to give in adoption her illegitimate son born of ..... this ceremony corresponds to upanayanam among the brahmans. lingayats whose only god is siva and who acknowledge the authority of the vedas, are bound by hindu law except in so far as it is modified by custom.'mr. ashrit relies on a few decisions and in particular on air 1944 bom 40, ..... son in recent cases. the wife's brother does not fall within the category of any of these three cases. even taking the general principles of hindu law as applicable to lingayats therefore into consideration i find that the adoption of the wife's brother is perfectly valid.(5) mr. patil, the learned ..... nand pandit in dattaka mimamsa is not an infallible guide in deciding as to who cannot be taken in adoption where it deviates from the ancient hindu law-givers, that the passage from griha parishist quoted in verse 19 of s. 5 of dattaka mimamsa was not imperative, and any marriage contracted ..... is not that the lingayats are outside the pale of hinduism and that the hindu law does not apply to them but it is the general hindu law that is applicable to the lingayats. perhaps by the term 'general hindu law' mr. patil means, hindu law that is applicable to the higher castes like the brahmins, kshatriyas and the vysyas .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-20-1959
Reported in : AIR1961Bom169; (1960)62BOMLR322
..... certain circumstances and whosoever alleges that her absolute alienation of such property is valid must prove the existence of any such circumstances. the circumstances justifying absolute alienation by a hindu widow under hindu law are certain religious and charitable purposes and those which are supposed to conduce to the spiritual welfare of the husband, or legal necessity, or benefit to the estate, ..... governed by the bombay school of vyawahara mayukh. there is no doubt from the authorities that all maharastrian wherever they live in india are governed by the bombay school of hindu law, and it is possible to include in the term 'maharastrian' all 'marathas' although 'maratha' represents a caste. all marathas may therefore be treated as maha-rashtrians, for the ..... estate in the property of their father marotirao after the death of his widow sarubai in 1921. according to the plaintiff, however, marotirao belonged to the benares school of hindu law. the learned trial judge held in favour of the plaintiff, observing that although in an affidavit sworn by defendant no. 2 in reply to plaintiff's interrogatories it was ..... are consistent with the evidence and other circumstances and that it may be presumed that representations were made to the alienee that the alienation was for purposes justified in hindu law. the presumption is not an absolute presumption of the existence of legal necessity but a presumption with reference to the recitals in the deed of alienation and the circumstances .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-16-1959
Reported in : AIR1960AP98
..... summed up by sir lawrence jenkins in babaji rao v. laxmandas, ilr 28 bom 215 at p. 223.'a mutt, like an idol, is in hindu law a juridical persona capable of acquiring, holding and vindicating legal rights, though of necessity in can only act in relation to those rights through the medium ..... v. pradyumnakumarmullick 52 ind app 245 at p. 250 : ilr 52 cal809 : (air 1925 pc 139 at p. 140). there it wasobserved thus :'a hindu idol is, according to long established authority, founded upon the religious customs of the hindus, and the recognition thereof by courts of jaw a 'juristic entity.' ..... ? 7. initially it is necessary to consider the legalconcept of a mutt or idol and the status of a manager in relation thereto. according to hindu jurisprudence a religious institution, such as a mutt, istreated as a juristic entity with a legal personalitycapable of holding and acquiring property. theownership is in ..... has in relation to that suit a distinct capacity; ho is therein a stranger to himself in his personal and private capacity in a court of law.'9. that a mutt or idol has the power ofsuing and is capable of being sued, is establishedin the pronouncement of the judicial committeeto pramatha ..... improperly constituted and the joinder of those parties after the period of limitation will not necessitate the dismissal of the suit. that being the position in law, the questions which arise for consideration are:(1) whether the mutt has a right to sue? (2) whether the suits instituted by the managing .....Tag this Judgment!