Court : Delhi
Decided on : Apr-26-1972
Reported in : AIR1973Delhi46; 8(1972)DLT292
..... , for reasons best known to her, to leave her husband and it was she who left her husband, not that the husband deserted her. (8) the ancient hindu law was based on the concept of dharma which included the supremacy of morals and the established code of conduct laid down by the scriptures. with the change in the way of life and the ..... hindu marriage act, 1955 was a result of this change in thinking, to do away with the ancient outmoded concept of marriage and ..... realistic approach in human relationship. this ultimately resulted in codification of various facts of hindu law adapted to suit the requirements of the modern way of life. the enactment of the ..... outlook of people the thought of process for bringing about changes in hindu law also started. it was realised that the ancient way of life must yield to a more .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-20-1972
Reported in : AIR1972P& H245
..... that the will of the last acharya is null and void. (2) a declaration that being the nearest relative of the deceased acharya, he is according to the dharma shastras and principles of hindu law entitled to be the acharya in his stead and that he has been placed on his seat by the eldest wife of the late acharya and sadhus of ..... learned counsel for the defendant-committee, however, urged that the view taken in kunj bihari's case, (1904) ilr 28 bom 567 (supra) was not a correct view of the law and that a full bench of the madras high court in kandaswami v. vagheesam, air 1941 mad 822(fb) considered that case and dissented from the same, observing at p ..... -society to amend the plaint in order to remedy the defects pointed out and to pay a proper court-fee and thereafter to proceed with the case in accordance with law. against this order of the learned single judge, the plaintiff-society has filed l. p. a. no. 122 of 1966 and the defendant-committee has filed l. p. a. no .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-19-1972
Reported in : AIR1972SC2119; 83ITR720(SC); (1972)1SCC508; 3SCR118
..... the intention of the legislature.12. in ambalal v. keshav bandhochand gujar i.l.r 1941 bom. 250 the question was whether jains were governed by hindu law of inheritence (amendment) act 1929 which applied to all persons governed by mitakshara as modified by the mayukha. it was argued in that case that the ..... and which has been the foundation of decisions on the subject in the courts of india.it may be mentioned that the statement from mayne's hindu law referred to above is the same which was relied upon by the privy council in sheokuarbat v. jeoraj a.i.r 1922 p.c. 14. ..... was meant to apply to jains as well or to hindus proper. it was in that connection that the extent to which jains were governed by hindu law or were to be treated as hindus for purposes of that taw came up for discussion. the following passage may be reproduced with advantage:the ..... jeoraj  p.c 77 in which their lordships relied on the statement in mayne's hindu law and usage that jams are of hindu origin; they are hindu dissenters and although 'generally adhering to ordinary hindu law, that is, the law of the three superior castes, they recognise no divine authority in the vedas and do not practice ..... of the assessee were originally hindus. they later on became converts to christianity. it was found that although for the purposes of succession to property the hindu law was still applicable to the family of the assessee, he could be assessed only as an individual for wealth tax purposes and could not be assessed .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-23-1972
Reported in : AIR1973Raj7; 1972()WLN623
..... have gone in adoption without the consent of his parents of his own volition. but even the kritrim form was prevalent only under 'mithila' school of hindu law and its scope of operation was very limited. the effect of adoption under kritrim form was significantly different from the one envisaged under this act. under ..... and thus to exclude him from the right of the properties of the original family to the advantage of her own natural sons. even under the old hindu law the position is well established that the step-mother was not competent to give the child in adoption vide papamma v. v. appa rau, (1893) ..... his step-mother mst. bhuri bai'.4. the learned civil judge, after hearing the parties on this issue came to the conclusion that under the hindu law only natural parents of the adoptive son could give him in adoption and that the step-mother was not at all competent to give a person in ..... the provisions of the act and inter alia does away with the opera-tion of any text, rule or interpretation of hindu law or any custom or usage as part of that law prevalent immediately before the commencement of this act and lays down that the same shall cease to have effect with respect to ..... clearly suggests that the stepfather and step-mother are not considered the natural guardians. it will be pertinent to mention here that section 7 of the hindu minority and guardianship act specifically lays down that the natural guardianship of an adopted son who is a minor passes, on adoption, to the ad-optive .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-03-1972
Reported in : AIR1973P& H292
..... will cannot override the earlier portion by which absolute ownership had been conferred on smt. dharam kaur. reference in this connection may be made to mulla's hindu law, eleventh edition para 392, where the legal position has been summed up in these words:'where by the terms of a deed or will an absolute ..... an absolute estate to a hindu female no express power of alienation need be given but it is enough if words that are used are of such amplitude as would convey full rights ..... air 1951 sc 139) it has been ruled that there is no warrant for the proposition that when a grant of an immovable property is made to hindu female, she does not get absolute or alienable interest in such property unless such power is expressly conferred on her and the position is that to convey ..... exhibit p. w. 2/b made by her husband in her favour, she is found to have obtained only a limited estate, on promulgation of the hindu succession act she cannot claim that she had become full owner of the property possessed by her.6. the operative part of the will exhibit pw 2 ..... her as full owner thereof and not as a limited owner. explanation:--in this sub-section, 'property' includes both movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or .....Tag this Judgment!
Court : Chennai
Decided on : Feb-24-1972
Reported in : AIR1972Mad377
..... for legal necessity or for the benefit of the estate. if the manager and karta is the father, he has certain additional powers of alienation under hindu law and in exercise of those powers he can alienate joint family property so as to bind the interest of his minor sons in such property. if ..... minor' occurring in section 8 can apply only to definite properties of the minor and not to a fluctuating interest of the minor in the undivided hindu family. the natural guardian can lease the joint family property including the share of the minor for such term as he considers necessary in the interest ..... no person shall be entitled to act as the natural guardian of a minor under the provisions of this section- (a) if he has ceased to be a hindu, or (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi). explanation.--in this ..... of the trial court and dismissed the suit. hence this appeal.2. the only question that arises for consideration is whether the natural guardian of a hindu minor should obtain the previous permission of the court under section 8(2) of the act before transferring by sale, gift or exchange or otherwise, the ..... the trial judge took the view that inasmuch as the first defendant had not obtained the leave of the court as contemplated under section 8 of the hindu minority and guardianship act, 1956, (hereinafter referred to as the act), the sale was not binding on the plaintiff. in that view, the trial judge .....Tag this Judgment!
Court : Chennai
Decided on : Aug-28-1972
Reported in : AIR1973Mad411
..... eldest son will be entitled to succeed. lineal primogeniture is a rule of inheritance under certain systems of jurisprudence; it is not unknown to the customary hindu law.......... if the contentions were to be accepted it would mean that the trusteeship would not be successive but ambulatory in the sense of going up and ..... with retrospective effect, would cut at the very root of the principle underlying the doctrine of family settlement which is one of the important branches of hindu law. the object of the family settlement is to put final seal to the controversy and dispute which then arose and to agree upon something, and ..... other settled order of sequence, so long as there is no bartering away of the rights for a consideration like sale etc. vide : mukherjea's hindu law of religious and charitable trusts (third edition--1970) page 189. the principle which apply to family settlements in general would equally apply to family arrangements with ..... rule, that if for any reason, the term of the office of the shebaits appointed by the testator comes to an end, the rule of hindu law gives the office of shebait to the heirs of the founder would apply only in the absence of a context to the contrary in the terms ..... appoint or nominate his successor and/or also to lay down the rule of devolution. we may refer to the following statement of the law in n. r. raghavachariar's hindu law (sixth (1970) edition) at page 677:'if on the other hand, the founder has parted with his right only in a partial .....Tag this Judgment!
Court : Guwahati
Decided on : May-26-1972
..... in dealing with a case arising out of the income-tax act, the personal law of the parties will govern in determining their status. according to the hindu law, which governs the assessee, the position may be described as found in mulla's hindu law, thirteenth edition: ' 220. property, according to the hindu law, may be divided into two classes, namely, (1) joint family property, ..... therefore, of no assistance to him in the present case where tolaram obtained a portion of the joint family property as a representative of his branch of the hindu undivided family, tolaram bijoy kumar. there is no further partition recorded between tolaram and his sons in this case. this feature clearly distinguishes the aforesaid allahabad case from ..... family property' is synonymous with ' coparcenary property' ' separate' property includes ' self-acquired ' property.' ' 228. (1) where property has been acquired in business by persons constituting a joint hindu family by their joint labour, the question arises whether the property so acquired is joint family property, or whether it is merely the joint property of the joint acquirers, or ..... names of various relations andfemale members was consolidated and srinivas, nathmal and tolaram werecredited each with rs. 1,18,172. there was a division of the capital accountin the hindu undivided family books on april 6, 1949. srinivas saraf asfirst party, nathmal saraf, mahavir prasad, minor represented by hisfather, nathmal saraf as second party, and tolaram saraf, .....Tag this Judgment!
Court : Delhi
Decided on : Feb-18-1972
Reported in : AIR1973Delhi160; 9(1973)DLT125
..... amongst the parties and section 6 does not apply to the joint family property apart from the coparcenary property. there is no doubt that in pure hindu law. according to mitakshara school. the female heirs are not members of the coparcenary which is a much narrower body confined to persons who acquire an ..... thereforee. be coparcenary property and ordinarily it would have been inherited by the members by survivorship but the act has made an inroad on this rule of ancient hindu law and created a class of statutory heirs. as observed by g. k. misra. j. in madhusudhan rav v. ananta charan behera : air1963ori183 . the ..... would be allotted to him if a partition of the property had taken place immediately before his death among the coparceners according to the rules of hindu law. the court answered the problem raised in that case that the property was allottable in three shares before the death of the deceased. namely. between ..... share of the deceased on partition before his death would have come to one-seventh as his wife as mentioned a paragraph 315 of mulla's hindu law. would have been entitled to obtain a share along with her five sons and now the daughters would. thereforee. get one-eighth share out of ..... we have ordered accordingly. so far as the share of the mother. defendant no. 1, is concerned, under the provisions of the hindu succession act. (as well as the hindu law) she is entitled to obtain a share equal to her son and. thereforee the share of the plaintiff and defendants nos. 1 to .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-23-1972
Reported in : AIR1973Kant58; AIR1973Mys58; (1972)2MysLJ385
..... there being nothing to set aside or cancel as a condition precedent to his right of action.' at page 333. the position of law was further explained in the following words:'a hindu widow is not a tenant for life, but is owner of her husband's property subject to certain restrictions on alienation and subject ..... , a suit for possession and that for possession has to be filed within a period of 12 years from the date of the death of a hindu widow.12. the question as to the effect of a sale of the property or transfer of the equity of redemption in favour of the mortgagee has ..... mahishi debi (1907) ilr 34 cal 329). in that case, it was laid down that 'a suit by a reversioner on the death of a hindu widow to recover immoveable property of her husband, of which she was in possession for a widow's estate as his heir and of which she had granted ..... of properties as mortgagee he cannot by any unilateral act or declaration of his prescribe for a tiltle by adverse possession against the mortgagor, because in law his possession is that of the mortgagor. but if the mortgagor and mortgagee subsequently enter into a transaction under which the mortgagee is to hold the properties ..... .' again at page 433. the following proposition has been stated:-- 'the section does not refer to the extinction of the equity of redemption by operation of law. this may occur by merger when the mortgagee acquired the equity of redemption by inheritance.' 13. the privy council in the case of dulhin lacchanbati kumari v .....Tag this Judgment!