Court : Mumbai
Decided on : Jul-06-1976
Reported in : AIR1977Bom289; 1978MhLJ127
..... by malvankar, j. that the decisions in lakshmappa v. ramava (1875) 12 bom hcr 364 and in dharma dagu v. ramkrishna chimnaji ilr(1886) bom 80, were based on vyavahara mayukha and other texts of hindu law referred to in the said decisions. according to malvankar, j., in gopal balkrishna v. vishnu raghunath ilr ..... steel, mandlik and other books, in that case also, it was observed that the adoption of a married asagotra brahman was not prohibited by the hindu law in force in the presidency of bombay.39. malvankar, j., with respect, has quoted the above passage and has not made any comment with regard ..... as having the force of a prohibitive rule.'malvankar, j. has interpreted this to mean: 'the decision is not based on custom, but the rules of hindu law as interpreted by the courts'. here again, with respect, the distinction which malvankar, j. made is foreign to the definition of the words 'custom' and ..... , volume iii, p. 680, was quoted; and it was held that notwithstanding what was stated in the aforesaid dharmashastra books, the bombay school of hindu law never recognised any age limit for adoption. that is the legal custom and lex loci generally among hindus relating, to adoption in this part of the ..... various cases decided by this court.37. in dharma dagu v. ramkrishna chimnaji, ilr(1886) bom 80, sargent, c.j., and birdwood, j. held that the adoption of a married asagotra brahman to be valid, not only by applying the rule of hindu law administered in western india, but also applying the .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-21-1976
Reported in : AIR1977Bom412
..... interpretation.18. the next authority is to be found in the case of dharma dagu v. ramkrishna chimnaji ilr(1886) bom 80. the precise issue was whether the adoption of a married asagotra brahman was prohibited by the hindu law in force in the presidency of bombay. the point was answered in the ..... of the act recognising them or giving them the old sanctity. in other words, if any such old text, rule or interpretation of hindu law (meaning thereby old hindu law as it stood before the act) permitted adoptions of boys more than 15 years in age, they could not stand sanctioned by the new ..... litigation claim to be somavanshiya kshatriyas which could be put in the category of 'regenerate class' (dwija class) recognised by the old hindu law.15. now, going to the old hindu law as it stood before this act wag brought on the statute book, there was a limitation on age. this limitation had its ..... out the objections and the pertinent observations run thus:'the original authorities referred to by these text-writers are the same, being collected from steele's hindu law and customs, and the opinions of shastris. as regards the earlier smriti texts, there seems to be no definite rule laid down on the point ..... which were comprised in the former state of bombay which include the district of satara from where this appeal comes. the custom or rule of hindu law prevailing in these territories permitting adoption of males over the age of 15 years is expressly saved by section 10(iv).'with respects, the learned .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-20-1976
Reported in : AIR1977SC1848; (1977)1SCC525; 1SCR889
..... persons who are ascertained or capable of being ascertained, in the latter they constitute a body which is incapable of ascertainment. 58. in b. k. mukherjea's tagore law lectures on the hindu law of religious and charitable trusts (1970)-(3rd edition), we find the following passage at page 143 :in cases where no express dedication is proved, the character of the endowment ..... the inference of such a dedication. although religious ceremonies of sankalpa and samarpanam are relevant for proving a dedication, yet, they are not indispensable (see : b. k. mukherjea on the 'hindu law of religious and charitable trusts'-third edn. 1970 p. 80).57. the question of an implied dedication by user by the public is particularly important in cases like the one ..... that its user by the hindus as of right would be enough to prove the initial dedication. reliance for the argument has been placed on b. k. mukherjea on the hindu law of religious and charitable trusts. third edition, page 27, which makes a mention of the rituals to be observed when a donor wants to consecrate a temple and establish a ..... down from ancient times was thus stated :a hindu who wishes 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 of morality. 56. neither a document .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-29-1976
Reported in : 104ITR436(SC); (1976)4SCC489; SuppSCR478; 1976(8)LC668(SC)
..... the properties obtained by the assessee on partition.' he further held that nicolas sundaram could claim sridharan's property only under the indian succession act, 1925 and not under the hindu law. on appeal, the appellate assistant commissioner affirmed the order of the wealth tax officer. a further appeal was preferred to the appellate tribunal but that too proved abortive. the tribunal ..... the property of a person whose marriage has been solemnized under that act being governed by the indian succession act, 1925, and not by the ordinary hindu law, nicolas sundaram could not become a member of hindu undivided family, with his father. sridharan thereupon went up in appeal to the appellate assistant commissioner but remained unsuccessful. the orders passed by the income tax ..... hinduism; (ii) to illegitimate children where both parents are hindus; (iii) to illegitimate children where the father is a. christian and the mother is a hindu, and the children are brought up as hindus. but the hindu law of coparcenary, which contemplates the father as the head of the family and the sons as coparceners by birth with rights of survivorship, cannot from ..... indian subcontinent and marked by a caste system, an outlook tending to view all forms and theories as aspects of one eternal being and truth, a belief in ahimsa, karma, dharma, sansara, and moksha, and the practice of the way of works, the way of knowledge, or the way of devotion as the means of release from the bound of rebirths .....Tag this Judgment!
Court : Delhi
Decided on : Mar-25-1976
Reported in : ILR1976Delhi364
..... property having devolved upon the co-owners or the co-sharers by inheritance or having been held as joint family property by them by processes known to hindu law, the effect of partition .is that the property which was hitherto enjoyed by all the members of the joint family as co-owners or co-sharers ..... of the transferor shall be voidable at the option of any creditor so defeated or delayed. the decision on the question as to whether a partition under hindu law is a transfer within the meaning of section 53 of the act, would depend upon the definition of the word 'transfer' prescribed by section 5 of ..... to defendant no. 5 in lieu of her maintenance. each of the defendants is entitled to l/5th share in the joint hindu family property in accordance with their rights under the hindu law. there has been no attempt to give a smaller share to defendant no. 1 than would be his due. the defendants divided ..... transfer property is to perform such act. such transfers take place between living persons by virtue of their own voluntary acts. inpartition under hindu law no act is performed by a living person. parceners come into possession of the respective portions of the property as a consequence of the operation of ..... shares get determined only when there is a disruption of that status resulting in the partition of the properties. a partition under the hindu law thus consists in numerical division of the property, in other words, it consists in defining the shares of the coparceners in the joint .....Tag this Judgment!
Court : Chennai
Decided on : Oct-25-1976
Reported in : (1977)1MLJ326
..... intention of the settlor that the son and daughter were the direct objects of gift by the settlor and they do not take the property as provided under the hindu secession act or hindu law it is true that there is no express provision prohibiting alienation by the settlee; but equally there is also no provision referring to her interest as absolute or ..... to the construction of the settlement deed. according to the defendant, under the settlement deed,. subbalakshmi ammal was given an absolute estate and that since she died subsequent to the hindu succession act coming into force, the first defendant is also an heir to his wife along with the minor son and as such entitled to at least on half of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-1976
Reported in : AIR1977Bom99
..... on associative principles of justice. that evoked support, popularity as well the community sanctions. there is clear evidence of such courts like those of kula, sreni, puga, (see mayne's hindu law pp. 12-13). that system did work with impartial and yet vigorous approach. it also added to the speed and expeditious dispensation of justice in the causes brought before it ..... the submission).186. the case for several reasons would be distinguishable because there 'family' itself was defined which was artificial and contrary to the concept of the 'family' known to hindu law. here the law as found on the other hand creates a unit of persons naturally related and residing together. 'family' is independently defined by this ..... freedom of conscience and the right to freely profess, practise and propagate religion. sub-article (2) expressly permits the state to make laws regarding the activities which are economical, commercial in character though associated with religious practices (see: commissioner, hindu religious endowments v. lakshmindra tirtha swamiar of shirur mutt, : 1scr1005 ).125. it being clear that article 25 does not confer by ..... law which includes hindu undivided family and group of persons who by custom or usage live together and can be 'a person'. for the purposes of section 4 which provides for clubbing of property .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-18-1976
Reported in : AIR1977Bom436; ILR1977Bom2598; 1977MhLJ463
..... individual from the state. by way of a further limb of his argument, he contends that where the hindu succession act, 1956 does not apply, the personal law applicable to deokabai would be the law other than the hindu succession act, namely, the principles of hindu law, under which normally she would have inherited only the life estate and as such after her death the interest ..... effect of the act. sub-section (1) provides for such overriding effect in spite of any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act, namely, hindu succession act, 1956. sub-section (2), on which long discussion proceeded runs as follows :'for the removal of doubts it ..... it is using it with reference to that kind of property with respect to which it is competent to legislate and to no other. .....' the hindu succession act, 1956 was passed merely to alter the personal law of succession applicable to hindus. it had no reference to any kind of property in particular and was not meant to govern rights in agricultural ..... to such devolutions provided by the tenancy or the land tenure legislations. but, if the land tenure legislation itself makes the personal law of the parties applicable, in that event certainly the hindu succession act, 1956 or any other personal law will be applicable.'in view of the discussion contained in indu bhusan's case : 1scr443 and the decision in nahar hiresingh .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-29-1976
Reported in : 1977CriLJ925
..... it had duly applied its mind to the facts of the case.19. it is clear from the decision of the supreme court that principle of law laid down by the judicial committee in has been held good for the purpose of sanction under section 6 of the act. no particular form of ..... the manner and expressed in the form authorized by the statutory provisions or regulations and no other.16. i am in respectful agreement with the principle of law enunciated in. the above decision regarding the proof relating to the order of sanction.17. in the instant case, according to the above decision, ex. ..... high court that the provisions of section 5a of the act have not been strictly complied with in this case.11. in view of the principle of law enunciated by the supreme court it must be said that the order passed by the first class magistrate as per ex. p. 12a does not strictly ..... that the first class magistrate has not applied his mind to the facts of the case, and, therefore, he contended that the permission granted is not valid in law. in support of this contention, he relied upon the decision of the supreme court in state of madhya pradesh v. mubarak ali. : 1959crilj920 . in paragraph ..... prosecution in support of the charge. he contended that the permission and sanction accorded by the first class magistrate and the government have been in accordance with law. he fairly conceded that the evidence produced by the prosecution with regard to the incident connected with the alleged acceptance of bribe of rs. 8,000 .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-16-1976
Reported in : AIR1977All79
..... and the order of the board was quashed and the chief controlling revenue authority was directed to decide the revision application on merits under section 57(1) in accordance with law after hearing the parties. consequent on the order of remand, the board of revenue took the view that the document in question is a lease in consideration of a premium .....Tag this Judgment!