Court : Mumbai
Decided on : Feb-14-1978
Reported in : AIR1979Bom176; (1980)82BOMLR130; 1978MhLJ739
..... illegitimate son of a shudra was, however, entitled to a share in the estate of his putative father. a special exception, though inconsistent with hindu dharma on which hindu law in general rested, was thus made in his favour. after quoting the text of yajnavalkya in that behalf, mitakshara in para 2 of section 12 ..... ceases to operate. and when one turns to the other provisions of the act, one finds that there is no express provision saving that part of hindu law under which an illegitimate shudra could succeed to the estate of his putative father. the result, therefore, is that his right of succession, if the ..... -forward in the right direction, laying down a more just and equitable scheme and system of inheritance and succession thanever before. as observed in mulla's hindu law, 14th edition, at page 826: 'even if it (the act) seems to break violently with the past it has to be conceded that it ..... on this question was referred to a division bench of this court and the division bench hearing the said appeal laid down thus the law in that behalf : 'under hindu law an illegitimate son (dasiputra) of a shudra can claim against a legitimate son of his father partition of property which was ancestral in his ..... learned advocate amicus curiae lor the plaintiffs.6. at the outset, i find that the learned assistant judge has erred in applying to this case the old hindu law of succession on the ground that plaintiffs nos. 1 and 2 were born prior to 1942. this, in my view, is an altogether wrong test .....Tag this Judgment!
Court : Delhi
Decided on : Mar-07-1978
Reported in : AIR1978Delhi296; 14(1978)DLT18b; 1978RLR525
..... the husband may not be able to maintain himself and his wife at the appropriate' standard of living the uncodified part of the hindu law is based partly on the dharma shastras and partly on custom. according to prot j. duncan 1vl derrett, 'the dharnia shastra authorities did not lay down ..... considering the merits of the claim of the wife would be contrary to art. 14 and unconstitutional for that reason.(2) it is true that under the hindu law, it is the duty of the husband to maintain his wife, but the wife is not under a corresponding duty to maintain her husband. this also ..... requirement is expressed by saying that it must be supported by the opinion, necessitates. the indian decisions cited at the foot of paragraph 442 of mulla's hindu law are of the 1898 and 1901. whatever may be the conditions in that distant past more than three quarters of a century later the conditions are greatly ..... wife, and her parents reside, or if he marries another wife, is void. such an agreement is against public policy and contrary to the spirit of the hindu law. an agreement of this kind is no answer to a suit for restitution of conjugal rights by a husband against his wife. (2) the husband is ..... the legal propositions advanced by the learned full bench and after stating it give reasons for our inability to agree with it.(1) paragraph 442 of mulla's hindu law, 14th edition, is as follows: '(1) the wife is bound to live wither husband and to submit herself to his authority. an agreement enabling the .....Tag this Judgment!
Court : Chennai
Decided on : Apr-26-1978
Reported in : AIR1979Mad200
..... bench went into the question in a very elaborate manner. the learned judge referred to the passages in manu, vyasa and jimutavahana and apastamba dharma sutras and held that the hindu law texts recognise: that a wife, by reason of her status, acquires an interest in the property of her husband though according to some writers ..... applicability of s. 39 of the t.p. act in such cases we have to sea what the right of a hindu wife for maintenance against her husband under hindu law is. under hindu law the maintenance of a wife by her husband is of course a matter of personal obligation which attached from the moment of ..... maintenance becomes limited to his estate, which when it passes to any other heir, is charged with the same. there cannot be any doubt that under hindu law, the wife's or widow's maintenance is a legal charge on the husband's estate; but the courts appear to hold, in consequence of the ..... . act is well founded the learned judge has referred to the following passage as regards the nature of the liability of the husband as found in hindu law by golapchandra sarkar sastri:'when the husband is alive, he is personally liable for the wife's maintenance, which is also a legal charge upon his ..... exist even if he has no properties from which he could derive any income. it is unnecessary for me to state the various texts of ancient hindu law on this subject as they have been elaborately dealt with and discussed in the various decisions which i shall now presently refer to. but it may .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-27-1978
Reported in : AIR1978SC1412; 114ITR471(SC); (1978)3SCC426; 3SCR1059; 1978(10)LC584(SC)
..... december 19, 1967 under the new deed of partnership dated january 11, 1968; it was further pointed out that the said three minors did not and could not in law represent the hindu undivided family in the firm and thirdly, it was pointed out that the minors had been admitted to the benefits of the partnership after smt. bhagwati devi on behalf ..... ) case could have no relevance to the case of a minor admitted to the benefits of partnership. he, therefore, urged that since the three minor sons could not in law represent the hindu undivided family in the firm and in the absence of any finding that there was any agreement between the surviving partners and any one on behalf of the heirs ..... true that the widow is not a signatory to the new deed of partnership; it is also true that the three minor sons could not in law be regarded as the nominees or benamidars of the hindu undivided family in the firm, but the facts and circumstances discussed above, especially the incorporation of a term like clause 6 in the new deed ..... case was whether the managing director's remuneration received from the company by the karta of a hindu undivided family was assessable to tax as his individual income or as the income of hindu undivided family. but this court, after discussing the entire previous case law on the subject laid down certain tests and guide lines which would cover the question raised in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-1978
Reported in : AIR1978SC1393; 1978(26)BLJR343; (1978)3SCC236; 3SCR963; 1978(10)LC509(SC)
..... , duties and personal interest are mixed up and blended together and one of the elements cannot be detached from the other. old texts, one of the principal sources of hindu law and the commentaries thereon, and over a century the courts with very few exceptions have recognised hereditary office of shebait as immovable property, and it has all along been treated ..... i.a 34. the principle that emerges from these decisions is that when the question concerns the rights of hindus it must be taken to include whatever the hindu law classes as immovable although not so in ordinary acceptation of the word and to the application of this rule within the appropriate limits the judicial committee sees no objection. ..... referring to the texts of yajnavalkay and the commentaries thereon, westropp, c.j. observed that the word 'corody' is not a happy translation of term nibandha. it was held that hindu law has always treated hereditary office as immovable property. these two decisions were affirmed by the judcial committee of the privy council in maharana fattehsangu jaswantsangii v. desai kallianraiji hekoomutraiji 1 ..... immovable property or an interest in immovable property. in krishnabhat bin hiragange v. konabhat bin mahalbhat et al, 6 bombay high court reports 137 after referring to various texts of hindu law and the commentaries of english commentators thereon, a division bench of the bombay high court held as under :although, therefore, the office of a priest in a temple, when .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-1978
Reported in : AIR1978SC1174a; (1978)2SCC591a; 3SCR770; 1978(10)LC387(SC)
..... a person and the making of provision for the purpose of gurupooja and other ceremonies in connection with the same cannot be recognised as charitable or religious purpose according to hindu law.14. the rule that a provision for the purpose of puja over the tomb of the remains of a person is invalid is subject to certain exceptions. as pointed ..... upon the term 'charity'. but, in addition, under the head of advancement of religion, there are other charitable objects in hindu law which will not be charitable according to english law for that law forbids bequests for what are termed superstitious uses. under the mussalman wakf validing act, 1913, act vi of 1913, a wakf for the maintenance and ..... for the trust to claim exemption from the rule against perpetuity, it must be for a religious and charitable purpose recognised as such by hindu law. the english law relating to settlement on tombs does not apply to hindu religious endowments. the courts in india have adopted the technical meaning of charitable trusts and charitable purposes which the courts in england have placed ..... 13. what are purely religious purposes and what religious purpose will be charitable must be entirely decided according to hindu law and hindu notions. in saraswathi ammal and anr. v. rajagopal ammalwas held that the determination of what conduces to religious merit in hindu law is primarily a matter of shastraic injunction and therefore any purpose claimed to be a valid one for perpetual .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1978
Reported in : AIR1978SC1051; (1978)3SCC55; 3SCR520; 1978(10)LC312(SC)
..... cited as excluding an adopted son. further, neither the dictionary meaning nor the passage in srimad bhagavatham can be accepted as laying down principles of hindu law. we are satisfied that the term 'putra pouthra santhathies' cannot be construed as confined to sons, grandsons and their descendants born out of the ..... son, grandson and descendants. we are unable to infer that the word 'putra' is confined only to children born of the body ramathilakam ammal. hindu law has recognised the institution of adoption and once a boy is adopted validly he for all purposes is recognised as the son. we do not sec ..... of pittapur  i.l.r. 51 mad. 893 observed that so far as the adoption is concerned, it is a religious sacrament according to hindu law-givers, like a marriage. the necessity for the adoption of a son in the case of childless hindus is insisted upon as an act necessary for ..... sapindas. it is not disputed that the consent of the sapindas is necessary in the absence of the husband's authorisation under the school of hindu law to which the parties belong. the assent of the sapindas cannot be equated with the authority of the husband as the role of the sapindas ..... or legitimate'. according to the text of manu and yagnavalkya the word is defined as son born of lawful wedlock only. according to yagnavalkya an aurasa son is he who is produced by a dharma patni (lawfully wedded wife). the word 'purusha santhathi' is wider than aurasa son. purusha santhathi though would exclude illegitimate .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-13-1978
Reported in : AIR1979SC777; 1979CriLJ679; (1980)2SCC91; 2SCR717
..... , are not courts, in the sense in which the term is here employed, namely, to denote such tribunals as exercise jurisdiction over persons by reason of the sanction of the law, and not merely by reason of voluntary submission to their jurisdiction. thus, arbitrators, committees of clubs, and the like, although they may be tribunals exercising judicial functions, are not ..... class, (v) magistrates of the third class. criminal courts according to this section therefore, consist of courts specified besides the high court and courts that are constituted under any other law other than criminal procedure code. the crpc provides not merely judicial enquiry into or trial of alleged offences but also for prior investigation thereof. section 5 of the code provides that all ..... places the word magistrate as well as court is used in identical situations. section 6 of the criminal procedure code states that besides the high courts and the courts constituted under any law other than this code for the time being in force there should be five classes of criminal courts in india, namely: (i) courts of sessions; (ii) presidency magistrate, (iii) ..... the complaint in writing of such court is required. the policy behind the bar for institution of criminal proceedings by a private party is that when offences are committed against lawful authority or false evidence is given or offence committed against public justice, it should be the concerned authority that should prefer a complaint and no one else.8. in this .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-01-1978
Reported in : (1978)19GLR1090
..... also to be respected. another object was to make possible eviction of tenants who fail to carry out their obligation to pay rent to the landlord despite opportunities given by law in that behalf, but where the condition of section 12(3)(b) are not established, there is a further opportunity given to the tenant to protect himself against, eviction. he .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-09-1978
Reported in : (1978)80BOMLR305; 1978MhLJ604
..... an interpretation would also seem to accord with the legal status of an adopted son.16. before the hindu adoptions and maintenance act, 1956, (78 of 1956), came into force, under old hindu law, the adoption had the effect of transferring the adopted boy from his natural family into the adoptive family. ..... code arose for consideration. similar argument was advanced before their lordships of the supreme court that section 488 stood repealed by section 23 of the hindu adoptions and maintenance act, 1956. but in that case also, the argument was repelled by making similar observations. their lordships in these two ..... created between him and the adoptive parents though artificially by legal fiction.17. the same position holds good even after the passing of the hindu adoptions and maintenance act. section 12 of the act, provides that an adopted child shall be deemed to be the child of his or ..... adoptive father becomes his father and the adoptive mother becomes his mother for all purposes.18. mr. sawant, however, contended that reference to personal law of the parties to determine the meaning of the word 'mother' as used in section 125 of the code would not he warranted. according ..... 488 of the criminal procedure code, 1898, stood impliedly repealed by section 4 of the hindu adoptions and maintenance act, 1956, the relevant portion of which provided:save as otherwise expressly provided in this act,-...(b) any other law in force immediately before the commencement of this act shall cease to apply .....Tag this Judgment!