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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 1969 Page 1 of about 816 results (0.088 seconds)

Dec 31 1969 (HC)

Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All294

..... , and in determining it i shall consider, first the authority of decided cases; secondly, the authority of modern writers on hindu law, european and native; and thirdly, the authority of the dharma sastras, including that of commentators. i attach the greatest importance to the authority of decided cases, because if they have been uniform and consistent and have extended over a long ..... in mind what sir william macnaghten truly said in his preliminary remarks (pages vi, vii and viii of the 3rd edition) to his principles and i precedents of hindu law; 'i apprehend that the hindu law, in its pure and original state, does not furnish many instances of uncertainty or confusion. the speculations of commentators have done much to unsettle it, and the venality ..... by recent research to be the latter part of the eleventh century. it seems to me to be in the highest degree improbable, if any text of the hindu law recognised by the school of hindu law of benares had contained any direct prohibition, or any text which was construed by that school as indicating a prohibition, against adoptions by any classes of hindus ..... on behalf of the defendant on certain decisions of courts in india, and 1 upon the opinions expressed by that eminent sanskrit scholar and writer on hindu law, professor jolly (outlines of an history of the hindu law of partition, inheritance and adoption as contained in the original sanskrit treatises) and upon the criticisms of the late vishvanath narayan mandlik in his vyavahara .....

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Dec 31 1969 (HC)

Lekhraj Singh Vs. Ganga Sahai

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1887)ILR9All253

..... to show that, so far as the benares school of the hindu law is concerned, i cannot adopt the recent ruling of the bombay court in dharma dagu v. ramkrishna hinnaji i. l. r., 10 bom ..... subdivision, and the best way to indicate the various schools and their divisions, is to state them in a tabular form: hindu law.____________________________________________________________| |mitakshara dayabhaga.| (bengal).____________________________________________| | | |benares. mithila. maharashtra. dravida.|_____________________________________| | |dravida (proper), ..... of adoption, is warranted by facts. in this presidency it was not even known to the people in original for many years after the publication of its translation under the auspices of government. and now the people are guided by the nirnayasindhu, the viramitrodaya, the kaustubha, the dharma ..... ., 80, where the adoption of a married asagotra brahman was upheld, and where the doctrine of factum valet was carried almost further than in any case with which i am acquainted. but it is well known that in western india the hindu law ..... dharma siridhu and the mayukhas, while the authorities on which steele bases his summary of law as regards adoption are kaustubha, mayukha, aditya purana, nirnayasindhu, manu, mahabharatha and ramayana. the reader will now be able to see how far the remark of mr. sutherland in 1819, that the dattaka mimamsa is the most celebrated work extant on the hindu law .....

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Feb 18 1969 (SC)

Yogendra Nath Naskar Vs. Commissioner of Income-tax, Calcutta

Court : Supreme Court of India

Decided on : Feb-18-1969

Reported in : AIR1969SC1089; [1969]74ITR33(SC); (1969)1SCC555; [1969]3SCR742

..... vests. fit manohar ganesh v. lakshmiram i.l.r 12 bom 247 called the dakor temple case, west and birdwood, jj. state : the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of property vested in the corporation apart from its individual members but also juridical ..... purpose can be given the status of a legal person, and regarded as owner of the property which is dedicated to it.', hindu law of religious & charitable trust by mr. b.k. mukberjce6. the legal position is comparable in many respects to the development in roman ..... act no. 49 of 1961) which states:2. in this act, unless the context otherwise requires- . . . . . . . (31) 'person' includes-(i) an individual,(ii) a hindu undivided family,(iii) a company,(iv) a firm,(v) an association of persons or a body of jndividuals, whether incorporated or not,(vi) a local authority, and(vii) every artificial ..... purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on the altar ..... to establish a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required for the .....

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Feb 28 1969 (HC)

V. Devaraj Vs. Jayalakhmi Ammal (Decsd.) and ors.

Court : Chennai

Decided on : Feb-28-1969

Reported in : (1971)1MLJ429

..... fourth thing to be noticed is that the acceptance of the argument of mr. m.s. venkatarama iyer will lead to an introduction of a third category of property under hindu law. the hindu law recognises only two types of properties, namely, ancestral property in which a son acquires a right by birth and self-acquired property of an individual and does not recognise ..... the joint family property is different from coparcenary property. i am unable to accept this argument either. the principle in relation to coparcenary is stated in mayne's treatise on hindu law and usage, tenth edition, at page 341 as follows:there is a most important distinction between a mitakshara coparcenary and the general body of the undivided family. suppose the property ..... in and to a particular property belonging to the father, it is absolutely necessary to determine whether the property is paithemaha or swayrjitha. the dichotomous division is fundamental. according to hindu law, (and in this there is no difference between the dayabhaga and the mitakshara) property must be one or the other. this division is not only mutually exclusive; it must ..... unable to find any provision in the act making such a distinction. still his argument is that section 6 of the act uses the expression 'coparcenary property' and in the hindu law, there is a distinction between 'coparcenary property' and. 'joint family property'. in support of this submission the learned counsel placed sole reliance on the following passage occurring in the .....

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Dec 31 1969 (HC)

Suba Singh and ors. Vs. Sarafraz Kunwar and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1897)ILR19All215

..... ground of full blood is limited to the cases of brothers and their issue. similarly west and buhler at page 125 of their work on hindu law say: 'the distinction between the whole blood and the half blood observed in the case of brothers and their sons does not extend to ..... , gives the preference to a sapinda, who offers funeral cakes, over a samanodaca, who offers libations of water only; but, as mr. mayne points out, (hindu law and usage, section 468, 5th edition, p. 581) ' the distinction is stated, not as evidencing different degrees of religious merit, but as marking different degrees of ..... exists (between the persons to whom it is applied) a connection with one body either immediately or by descent.' (west and buhler's digest of hindu law, pp. 120 and 121.) he then combats the theory that the sapinda relationship is founded upon the connection arising from the presentation of exequial cakes ..... authority of any decided case so far as these provinces are concerned, and has, therefore, to be answered with reference to the texts of hindu law. it is conceded that the mitakshara recognises the distinction of whole blood and half blood in the case of brothers and their sons and gives ..... of other schools has been recognized.' this view coincides with my experience, so far as it goes, of the course and current of hindu law, especially on the law of inheritance. in patriarchal times when all was one common family there would be practically no distinction between the right to inherit of whole .....

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May 02 1969 (HC)

A.R. Shukla Vs. Commissioner of Gift-tax, Gujarat

Court : Gujarat

Decided on : May-02-1969

Reported in : [1969]74ITR167(Guj)

..... say that he had a 'half share' or any 'share' of the family property. the numerous passages to which their lordships were referred in mulla's principles of hindu law and mayne's hindu law and usage illustrate and expand the statement made by lord westbury in delivering the opinion of this board in appovier v. rama subba aiyan : 'according to the true notion ..... of an undivided family in hindu law, no individual member of that family, wrist it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share.' a ..... joint status and so also can a single coparcener by his unilateral action blend his separate property with joint family property. both are incidents of the coparcenary as known to hindu law. 10. now, the first question which arises for consideration is when an individual coparcener, by a unilateral action, of the intention coverts his separate property into joint family property, does ..... led to divergence of judicial opinion. the difficulty arises chiefly from the fact that the doctrine of blending of separate property with joint family property is a peculiar doctrine of hindu law unknown to the british system of jurisprudence on which our judicial concepts are mainly based and it is therefore not easy to assimilate this doctrine to any known juridical concept .....

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Mar 03 1969 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : Mar-03-1969

..... the general interest of navigation, special regulations applicable to vessels exercising the right of passage through the territorial sea." 3 acts of the conference for the codification of international law, territorial waters 214 (1930). [ footnote 30 ] the recent united nations study of the concept of historic waters concluded that, "if the claimant state allowed the innocent ..... b) punish infringement of the above regulations committed within its territory or territorial sea." article 24. [ footnote 27 ] a recent united nations study recommended by the international law commission reached the following conclusions: "there seems to be fairly general agreement that, at least three factors have to be taken into consideration in determining whether a state ..... to regulate navigation on waters within the "inland water line," the united states is said to have established them as its inland waters under traditional principles of international law. alternatively, louisiana suggests that, even assuming the exclusivity of the convention on the territorial sea and the contiguous zone, the "inland water line," by virtue of ..... sea and the contiguous zone, the decree proposed by the united states reflects too restrictive a construction of the convention's provisions in derogation of relevant principles of international law. i the "inland water line" comprehensive congressional regulation of maritime navigation began with the act of april 29, 1864, [ footnote 8 ] which promulgated rules applicable .....

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Dec 31 1969 (HC)

Chhiddu and anr. Vs. Naubat and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1902)ILR24All67

..... between what he calls woman's property and what he styles her peculium, has been shown by messrs. west and buhler (hindu law, p. 146 et seq.), jolly (hindu law, p. 244 et seq.), and banerjee (hindu law of marriage and stridhan, 2nd edn., p. 276) not to have been present to the mind of the author of the ..... to be to follow the text of the mitakshara, and adopt the view which has been held by mr. justice gooroodass banerjee in his work on the hindu law of marriage and stridhan. the question is, however, beset with difficulties, and i must say that, although i do not feel myself justified in coming to ..... woman is the owner, and not in any technical sense (vide chap. v., parts 1 and 2).20. according to sir w. macnaghten (principles of hindu law, 3rd edn., p. 87), the succession to stridhan 'varies according to the condition of the woman and the means by which she became possessed of the ..... the property of her husband which devolves on her by inheritance.18. our learned colleague, whose decision is under appeal, refers to mayne's work on hindu law as supporting the view that he takes. we doubt whether this is the case, for at p. 816 of the last edition of his work, that ..... first instance. from that decision this appeal has been filed under the letters patent.2. the whole argument has turned on the question whether, under, the hindu law applicable to these provinces, the share which fell to musammat udni-in the partition which took place after ganga ram's death, became thereby her stridhan. .....

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Jul 31 1969 (HC)

Kunjayamma Kartaiyayani Amma Vs. Kunchali Karthiyayani Madakkavil, Vee ...

Court : Kerala

Decided on : Jul-31-1969

Reported in : AIR1970Ker289

..... to one kurumpa. she had two sons kesavan and narayanan and four daughters kunchekki, lakshmi, parvathi and nangeli. the parties belong to the kammala community and are admittedly governed by hindu law as modified by custom. on the 6th edavam, 1062 a mortgage was executed as per ext. c by kesavan, narayanan, kunchekki and nangeli jointly along with appili, daughter of lakshmi ..... do, no doubt, support the contention advanced before me on behalf of the respondents. but, as i will presently show, this decision cannot now be regarded as laying down correct law. in ram prasad v. bishambhar singh, air 1946 all 400, a similar question arose for consideration before a division bench of the allahabad high court, though in slightly different circumstances ..... represents the surplus profits realised from the property. interest due under the mortgage having been already realised by him by appropriation of the balance profits, the mortgagee was bound in law to apply the portion of the profits represented by the unpaid michavaram in reduction of the principal amount of the mortgage debt. as stated in jones on mortgages, 7th edition ..... that 846 fs. remained payable by the mortgagee by way of arrears of michavaram even after adjustment of the entire mortgage debt was true, but, nevertheless, held that under the law of limitation the plaintiffs could legally recover such arrears only for a period of six years immediately preceding the suit. accordingly the plaintiffs were granted a decree for recovery of .....

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Dec 31 1969 (HC)

Thakur Das and ors. Vs. Achhan Kuar and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1895)ILR17All125

..... with kuar inayat singh in the family property, and kuar inayat singh having merely an interest in expectancy in the family property and being-incapable under the hindu law of mortgaging or selling his interest in expectancy, no valid mortgage of the family property was effected by the bond of the 1st of april 1881, ..... it was held, in ram chunder tantra doss v. dharmo narain chuckerbutty 17 w.r.f.b. 15, that the interest of an heir according to hindu law, expectant on the death of a widow in possession was not property, and was not rendered liable to attachment and sale in execution of a decree by ..... validly sold or mortgaged even ws own share without the consent of all the other coparceners, except for the necessary purposes of the joint family; and the hindu law which prevails in these provinces recognizes no power in a reversioner to sall or mortgage his interest in expectancy, even although he may be the heir apparent ..... on the death of rani achhan kuar, be entitled, if they survived her, to possession, he had in neither of those years any power under the hindu law to create a mortgage or charge on the family property. kuar inayat singh's interest in the family property in suit can only be affected by the ..... in respect to the restricted power of alienation and to its succession after her death to her father's heirs and not her own.' (mayne on hindu law and usage, paragraph 526, 3rd ed.) in 1877, and thence hitherto kuar inayat singh's sole title and interest was and is that of a .....

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