Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; 2SCR347
..... the theory of separation of powers appears to have been carried so far (see : k.p. jayaswal in 'manu and yajnavalkya'-a basic history of hindu law-1930 edn. p. 82) that the king could only execute the legal sentence passed by the judge.534. we know that semetic prophets, as ..... king, in ancient india, was conceived of primarily as a judge deciding cases or giving orders to meet specific situations in accordance with the dharma shastras. it also appears that the actual exercise of the power to administer justice was often delegated by the king to his judges in ..... on physical might and victory in battle, appears to have been developed in ancient india as well, by kautaliya, although the concept of a dharma, based on the authority of the assemblies of those who were learned in the dharmashastras, also competed for control over exercise of royal secular power ..... ]51itr345(sc) c. i. t., madras v. express newspapers ltd., madras : 53itr250(sc) ; sri jagadguru kari basava rajendraswami of gavimutt v. commissioner of hindu religious charitable endowments, hyderabad : 8scr252 .634. in ex-parte walton, in re : levy (1881) 17 ch d. 746 james lj said:when a statute ..... 269. article 329(b) envisages the challenge to an election by a petition to be presented to such authority as the parliament may, by law prescribe. a law relating to election should contain the requisite qualification for candidates, the method of voting, definition of corrupt practices by the candidates and their election .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-1975
Reported in : AIR1976Bom315; (1977)79BOMLR87; 1977MhLJ97
..... he purported make could not operate on the first defendant's moiety of the property by reason of the facts stated above. the intersection question of hindu law that arises therefore is whether separation by metes and bounds of the share of a son or his widow has the effect of separation the share ..... the authority to dispose of by wall. a consideration of hs issue has led us to a consideration of an important and interest on point of hindu law which must necessarily be decided by us for the purposes of arriving at our conclusion on that issue. t was sought to be contented on ..... 30th september, 1955, dismissing the plaintiff's suit which was for a declaration of ownership and possession of certain property under the will of his father chavdas dharma kolhe (hereinafter referred to as 'the deceased'). the will in question was executed by the deceased on the 4th of august, 1963, and has been tendered ..... the joint family allotted to her on a partition between her sons or grandsons. it was laid down in the judgment in the said case that a hindu window acquired under section 3 (2) of the said act, 'even before division of the property', an interest in property, and that interest can ..... maharu dhondu ohe, that when the plaintiff was still a child, his father was given in adoption to one dharma kolhe, and that thereafter the plaintiff's deceased father changed his name to chavdas dharma kolhe, and the plaintiff was also brought up in the adoptive family. according to the plaintiff, after adoption, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-01-1975
Reported in : 103ITR661(P& H)
..... jats, gujars, rajputs, sainis, ahirs etc., were governed by agricultural custom and the mere fact that the custom was abolished would not go to show that they are governed by hindu law. he also argued that the concept of coparcenary is not known to custom and that custom could not be given up by mere declaration to that effect by any person ..... of caste were the grounds of exclusion from inheritance, but these disabilities ceased after the passing of the caste disabilities removal act, 1850: vide para. no. 97 of mulla's hindu law. according to para. no. 98 of that book, blindness, if it is congenital and incurable, lunacy, if it existed at the time when the succession opened, idiocy, leprosy, if it ..... -coparcenary......' section 39: '(1) the value of the benefit accruing or arising from the cesser of a coparcenary interest in any joint family property governed by the mitakshara school of hindu law which ceases on the death of a member thereof shall be the principal value of the share in the joint family property which would have been allotted to the deceased ..... ancestral property, (3) separate property of coparceners thrown into the common coparcenary stock, and (4) accretions to such property. the ancestral property under hindu law as defined in para. 223 of mulla's hindu law means property inherited by a male hindu from his father, father's father, or father's father's father. the essential features of ancestral property according to the mitakshara school .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-30-1975
Reported in : AIR1975AP350
..... utterly repugnant to good morals or is grossly unjust or flagrantly dishonest, then certainly the son can claim immunity from its liability. the learned author mulla of hindu law (at pp, 350 and 351 in l3th edition) places any debt which is avyavaharika which is rendered by colebrooke as equivalent to a debt for a ..... the debts incurred by the first defendant could have been discharged with his own resources and the other debts were fictitious ones. by no stretch of law or equity the 2nd defendant could be mulcted with the responsibility of refund. however, there cannot be any objection for granting such a relief against the ..... discretionary relief as declared by section 20(1) of the specific relief act. the court is not bound to grant the relief merely because it is lawful to do so. at the same time, the section cautions that the discretion of the court is not arbitrary, that discretion has to be sound and ..... obvious reference to ex. a-33 which the plaintiff himself produced. so, he must have looked into that gift deed. how the plaintiff thought, as the law then stood, that the first defendant inherited the property of his wife with absolute rights when she had left behind her her son, the second dtfendant is ..... on the death of the donor in 1964 became the absolute owner. the first defendant as the husband had no right to inheritance or succession as the law then stood. consequently, the recital made in ex. a-1 that some property (evidently meaning this ac. 1-10 cents') out of the property .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-16-1975
Reported in : AIR1976Cal129
..... gole, who is the illegitimate son of bhadreswar, a sudra, by a brahmin concubine has the status of a son and is according to dayabhaga school of hindu law, entitled to 1/4th share in the properties in suit, that is, half of the share of the legitimate son, the defendant no. 1 dhirendra nath gole ..... sudra male and a brahmin female, whether it purports to be a relationship by so-called marriage or a state of concubinage, is not recognised by the hindu law and, therefore, children begotten by such couples are regarded as chandals and outcastes and are not dasiputras and so they cannot claim any right to share in ..... text, the term 'aparinita' means not 'a maiden', but 'not married (to the sudra to whom she bears a son)'. (c) under the bengal school of hindu law, correctly interpreted, an illegitimate son of a sudra is entitled as a dasiputra to a share of the inheritance, provided that his mother was in the continuous and exclusive ..... the defendant no. 2 monorama dasi. the defendant no. 1 dhiren is the son of bhadreswar by monorama. the parties are governed by the dayabhaga school of hindu law. the plaintiff claims that as the illegitimate son of his father he has inherited l/4th share in the properties in suit, that is, half of the share ..... not also lay down that a dasi must also be a sudra woman.12. it is, however, contended by mr. banerjee that under the hindu law a marriage between a sudra and a woman of a higher caste, that is, a pratiloma marriage, is forbidden. he submits that when the .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-23-1975
Reported in : AIR1976All64
..... of debutter property, though he may create proper derivative tenures, and estates conformable to usage.'17. in para. 814 of derrett's introduction to modern hindu law it has been laid down:'the mahant as spiritual leader of the sect has a customary right to offerings from the members of that sect. these are ..... of a shebait in a debutter property.'16. in para. 415 of the said book it is laid down as under:'as a general rule of hindu law, property given for the maintenance of religious worship, and all charities connected with it, is inalienable. it is competent, however, for the shebait or mahanth ..... , all the offerings made to a mahanth belong to the math and not to him personally. for this submission reliance has been placed on the following:(1) mulla's hindu law, 1966 edn. section 58 and section 111.(2) mitakshara, section 8, verses (i), (ii), (iii). (iv), (v) and (vi). colebrook's translation ..... said injunction and it has full right to direct payment of the policy to persons other than the nominee. reliance has been placed on the following cases:kesari devi v. dharma devi, (air 1962 all 355); raja ram v. mata prasad, (air 1972 all 167) (fb); sarojini amma v. neelkanta, (air 1961 ker 126) (fb ..... amount of the policies and the insurance company had no choice in the matter. the lower appellate court in its judgment relied upon the following three cases:kesari devi v. dharma devi, 1962 all lj 265 = (air 1962 all 355); d. m. mudaliar v. i. i. & b. corpn., (air 1957 mad 115); m. brahmamma .....Tag this Judgment!
Court : Delhi
Decided on : Nov-17-1975
Reported in : AIR1976Delhi207
..... decisions have also held that sikhs were different from hindus in the narrower sense of having a religion separate from the hinduism even though they may be governed by the hindu law. (ram parshad v. shiromani gurdwara parbandhak committee, air 1931 lah 161, hem singh v. basant das, , and dharam, das v. the state of punjab, : 3scr160 ). lastly, the sikhs were ..... 'jainism has been a rival of hinduism from the beginning' (page 324).32. as against this, reliance was placed on certain decisions to show that jains were governed by the hindu law and were hindus in the larger historical and cultural perspective. these decisions do now show that for the purpose of the constitution, the jains are a part of the hinduism ..... , the argument could have been met simply by pointing out that article 25 only indicated that doctrinally jain religion was different from hinduism, but it did not mean that the hindu law did not apply to the jains. unfortunately, in paragraph (17) the learned judges disposed of the argument by the following statement:'as regards the inclusion of the term 'jain' in ..... apart from special or local customs. thereforee, doctrinally the sikhs, jains and buddhists are different from the hindus. but for the purpose of the application of the personal law, they are governed by hindu law. the only known exception so far as the sikhs are concerned is the anand marriage act in accordance with which the marriages amongst the sikhs are performed according .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-1975
Reported in : AIR1975SC12a; (1976)2SCC268; 1976(8)LC126(SC)
..... their own separate rights, and in view of the definition of the term 'family' in the act, this circumstance was conclusive proof of their separation from the family 'eventhough under hindu law such separation may not be recognised in face of this legal position'. referring to the argument advanced on behalf of the appellant, he said:that the evidence to the effect ..... definition. in this connection, counsel has drawn our attention to the observation of the district judge, that the 'unimpeachable evidence' about the jointness of the family in the concept of hindu law, was of no significance.11. section 3(c) defines 'family' as under:'family' means as consisting of the holder of a holding and any or all of his following relations ..... members of the joint family who were not such tenure-holders. since the grandsons of malkhan singh who by 'unimpeachable evidence' had been shown to be members of the joint hindu family of the landholder, admittedly were not tenure-holder in their 'own separate right', they could not on a proper construction of the definition of the term 'family' in section .....Tag this Judgment!
Court : Orissa
Decided on : Jun-16-1975
Reported in : AIR1976Ori43
..... hotchpot. there is no partition by metes and bounds of the immovable properties in suit. claim for jyesthansa cannot be entertained as the theory of jyesthansa as understood in ancient hindu law has become obsolete.5. mr. k.n. jena, learned counsel for the appellants, raised only three contentions, viz:--(a) the finding of adoption rendered by the trial court is erroneous ..... ) the plaintiff is the adopted son of mohana.(b) the suit is not barred by limitation.(c) the plaintiff is not entitled to get jyesthansa which has become obsolete in hindu law and there is no proof of any custom. in partitioning the suit properties in schedules a, b and c, the properties in schedules d, e and f, of which the ..... upon the footing that the adoption was a valid act have taken place, the initial burden necessarily shifts to the person who challenges its validity. the law on this point is stated in mulla's hindu law, 13th edn, article 512 at page 519 as follows:--'but when there is a lapse of 55 years between the adoption and its being questioned, every .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-19-1975
Reported in : AIR1976Bom61; 1975MhLJ503
..... of the consideration. readily that intention which protects the respective rights of the parties and avoids frustration of any of these should be inferred as consistent with the state of law governing in severalty the right of persons that are concerned with land. otherwise once the land is mortgaged owner oases it to an unknown and unintended person who might be ..... , the agricultural lands could remain validly in possession of the mortgagees and such mortgagees were not entitled to claim deemed tenancy in spite of the fact that their cultivation was lawful. further , by that act, valuable rights were conferred on the tenants viz. right of statutory purchase and right of statutory ownership. those rights were clearly not available to a person ..... mortgagor to resume it. these express terms and obligations under which possession was handed over in purely a fiduciary capacity have all the significance because of the process of relevant law applicable to the agricultural land and its leases. by these terms it will be implied that leases that take away the right to repossess the property or destroy the ownership ..... right of a mortgagee in possession to enjoy the property by letting out the same under valid leases. if the activity was permissible, then laxman, would be cultivating the land lawfully and therefore,. a deemed tenant'. it was contended that the legislation of the present kind regulating the relations of agricultural leases should be beneficially construed so as to confer the .....Tag this Judgment!