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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 1979 Page 1 of about 668 results (0.075 seconds)

Nov 15 1979 (HC)

Addl. Commissioner of Income-tax Vs. Rani Pritam Kunwar

Court : Allahabad

Decided on : Nov-15-1979

Reported in : (1980)16CTR(All)117; [1980]125ITR102(All); [1980]3TAXMAN472(All)

..... been expressed in bai vajia v. thakorbhai chelabhai : [1979]3scr291 .16. this takes us to the consideration of the importance of custom in hindu law. there are three main sources of hindu dharma or law and they are : (1) sruti, (2) smriti and (3) custom. in the event of conflict between a custom and a text ..... what was a moral obligation in the ancestor becomes transformed into a legal obligation in his heir. the application of this principle in respect of the hindu law of the bengal school was recognised in the case of kamini dassee v. chandra pode mondle ilr [1889] cal 373. it was emphasised in ..... later on. on the contrary on behalf of the respondent-assessee, sri r.k. gulati drew our attention to certain passages from mullet's hindu law and contended that the assessee was under a legal obligation to pay maintenance allowance to various relations mentioned above and certainly there was a charge created ..... that the allowance paid to rani amrit kunwar and rani jai devi were dependent on obligation arising from family custom and usage, from the provisions of hindu law and from the provisions of the u.p. zamindari estate act ? 2. whether, on the facts and in the circumstances of the case, and ..... of the smritis, the custom overrides the text (para. 15, mulla's hindu law). in the hindu system of law, clear proof of usage will outweigh the written text of. the law. .....

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Apr 26 1979 (HC)

Gopal Krishan Sharma Vs. Dr. Mithilesh Kumari Sharma

Court : Allahabad

Decided on : Apr-26-1979

Reported in : AIR1979All316

..... the four forms, namely (i) brahma, (ii) prajapatya, (ii) arsa and (iv) daiva, is regarded as indissoluble (see manu: ix, 101, ix, 46; kane: 'history of dharma shastra' volume 2, part 1, page 427 : mayne : 'hindu law' 10th edition, page 108.)11-13. the shastra regards marriage as a rite of conservation (sanskar) too holy to be undone. as the wife is half ..... supreme court in swarajya lakshmi v. dr. g. g. padma rao (air 1974 sc 165) observed that divorce and dissolution of marriage were foreign to hindu law before the statute stepped in to modify the traditional law and in construing the provisions of the act 'one has to remember that divorce is not generally favoured or encouraged by courts and is permitted only ..... his mother towards his wife and his liability for the same on a true construction of the provisions of the hindu marriage act and the scope thereof.10. the marriage was performed according to shastric rites. the institution of matrimony under the hindu law is a sacrament, and not a mere socio-legal contract. it is not performed for mere emotional gratification and ..... the petitioner that it will be harmful or injurious for the petitioner to live with the other party; the parliament then passed the marriage laws (amendment) act, 1976 (act no. 68 of 1976) to further amend the hindu marriage act 1955. in section 13 of the act, for clause (i), the following clauses were substituted: '(i) has, after the solemnization of the .....

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Aug 23 1979 (HC)

Jethmal and anr. Vs. Ramvilas and Babulal

Court : Rajasthan

Decided on : Aug-23-1979

Reported in : 1979WLN670

..... charan das v. girja nandini devi and ors. : [1965]3scr841 . the meaning of the word family with reference to the 'family settlement' under the hindu law came for decision and their lordships were pleased to observe that in this context the word 'family' is tot to be understood in a narrow sense, being ..... point for decision in this case. the learned counsel for the petitioners has of course drawn my attention to the previsions of section 230 of the hindu law and section 125 of the criminal procedure cede to substantiate his contention that this term means the 'individual income' of the person concerned, that is, ..... to every sect of the society & is not confined to the hindus only and, therefore, provision of the hindu law regarding the individual income or separate income of the members of the joint hindu family will not be applicable to this act.8. with reference to section 125 of the criminal procedure code, the learned counsel ..... by prof. dr. raghuvira the meaning of term 'house-hold' is given as (i), (ii) family; and that of words.11. in venkataramaiya's law lexicon, the meaning of term 'house-holder' is an occupier of a home or a man of family as the context my indicate. in legal glossary, government ..... a group of persons whom the law recognised as having a right of succession or having a claim to a share in the disputed property. according to the learned counsel this observation clearly .....

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Apr 20 1979 (HC)

Jiban Roy Choudhury Vs. Sm. Taramoyee Debi

Court : Kolkata

Decided on : Apr-20-1979

Reported in : AIR1979Cal339

..... ) of the west bengal premises tenancy act, 1956. mr. mukherjee drew my attention to article 176 of mulla's hindu law where the learned author was dealing with the widow's estate under the hindu law. it has been stated therein that the widow or other limited heir is not a tenant for life but is the ..... fact that the interest is neither perpetual nor residuary will not undermine his ownership when the person owning the property in life interest akin to the hindu widow's estate, has also the other rights in the property for his benefit and use absolutely against all persons without any restriction or interference from ..... will in terms of the will as also section 119 of the indian succession act, 1925. the concept of 'full owner' in section 14 of the hindu succession act, 1956 used in the context of property denotes a right indefinite in point of user, unrestricted in point of disposition, unlimited in point of ..... in her sons absolutely. we have seen that her ownership limited till her death entitled her to sue as owner of the premises as contemplated in law. further the reasonable requirement pleaded in the plaint and established in evidence is also in respect of the sons of the plaintiff who are also the ..... and be effective only on the death of the holder of the life interest. such concept is not inconsistent with the concept of ownership in our law which as we have seen, can be fragmented with reference to time, provided such owner during his lifetime has the absolute right of possession and .....

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Nov 29 1979 (HC)

Sarada Industries Vs. Joint Secretary to the Government of India

Court : Chennai

Decided on : Nov-29-1979

Reported in : 1981(8)ELT262(Mad)

..... operations, as distinguished from an appliance moved and regulated by machinery as implement, any implement or instrument used by a craftsman or labourer at his work, a mechanical law,! the word 'tool' includes any instrument or apparatus necessary to a person in the efficient prosecution of his trade or calling, any implement commonly used by the hand of one .....

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Feb 27 1979 (HC)

Lalji Maitra Vs. Shyam Behari Mehra and ors.

Court : Allahabad

Decided on : Feb-27-1979

Reported in : AIR1979All379

..... athwaria. we have also found that the life estate in the english sense of the term is qualitatively different from a widow's estate under the hindu law. the instrument dated april 21, 1932 is unambiguous and extrinsic evidence to construe its meaning is not admissible. the argument advanced by the learned counsel ..... right of property; her position is that of owner, her powers in that character are, however, limited, but, to us the familiar language of mayne's hindu law, para 325, p. 870, 'so long as she is alive no one has any vested interest in the succession' '.50. to conclude this point, it ..... smt. basanta kunwar and smt. bhagwant kunwar had a widows' estate in the property left behind by their husband mahadeo prasad athwaria.33. according to hindu law, a widow who succeeds to the estate of her husband in default of a male issue whether she succeeds by inheritance or by survivorship does not ..... prasad athwaria partly surrendered their rights and partly kept them alive.47. we have already briefly indicated the nature of a widow's estate under the hindu law. we may supplement the said observations by making reference to two decided cases. in the case of natvarlal (supra). b.k. mukherjee j. formulated ..... time, he cannot be permitted to go back on that agreement when reversion actually falls open.37. mulla in his treatise on hindu law, 14th edn. has stated the law in slightly different terms on page 235:--'an alienation by a widow of her husband's estate without legal necessity or an invalid .....

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Apr 18 1979 (HC)

Antony Viagulam Fernando, Through His Power of Attorney Augustine Vs. ...

Court : Chennai

Decided on : Apr-18-1979

Reported in : (1979)2MLJ209

..... adduce evidence and place materials before the atthorised officer in proof of the genuineness, truth and validity of the said will in the eye of law and the authorised officer will gave the landowner sufficient and reasonable opportunity and time for the said purpose. the authorised officer may exclude the ..... if confirmed by some other authority, would be definitive, or who is one of a body of persons which body of persons is empowered by law to give such a judgment.the following passage in brajnandan singh v. jyoti narain : 1956crilj156 is also elucidative on the point:the pronouncement of a ..... ' as follows:the word 'judge' denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against would be definitive, or ..... courts, in the sense in which the term is here employed. courts are tribunals which exercise jurisdiction over persons by reason of the sanction of the law, and not merely by reason of voluntary submission to their jurisdiction. thus, arbi rators committees of clubs and the like, although they may be tribunals ..... functioning under the act is a 'court' or a 'court of justice' within the meaning of section 213 (1) of the indian succession act. halsbury's laws of england, fourth edition, volume 10, paragraph 701 deals with the meaning of 'court' as follows: --701. meaning of 'court'. originally the term 'court' .....

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Apr 27 1979 (HC)

Bhubaneswar Naik Santoshrai and Etc. Etc. Vs. the Special Tahsildar La ...

Court : Andhra Pradesh

Decided on : Apr-27-1979

Reported in : AIR1980AP139

..... daughter for maintenance up to the going to the husband's house and for marriage expenses is the present remnant of the right to a share'.6. in sirkar's hindu law, edition 6 page 328 , the unmarried daughter's right is thus described:'similarly an unmarried daughter acquires an imperfect right in the father's property by virtue of which she ..... of marriage and ever since the daughter is in possession of lands.c. r. p. 3151 / 78:3. the contention of the learned counsel for the petitioner is that under hindu law, the father is under an obligation to 'maintain' an unmarried daughter which term includes reasonable expenses of and incident to her marriage and therefore, any property immovable or moveable given ..... affection. there is no consideration for such a document by the father. the transaction is only a unilateral one'.what becomes manifest from the conspectus of above case law is that a daughter under hindu law had at the time of 'manu' a right to share in the father's property along with her brothers. after a considerable passage of time, the ultimate ..... and maintenance act,, 1956, the legislature did nothing more than to codify the well settled principles of hindu law and provided for payment of reasonable expenses incidental to the marriage. hence, both under general hindu law and the hindu adoptions and maintenance act, 1956 , the father is under an obligation to give some property on the occasion of her marriage. if the conveyance is made .....

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Feb 20 1979 (SC)

Bai Vajia (Dead) by Lrs. Vs. Thakorbhai Chelabhai and ors.

Court : Supreme Court of India

Decided on : Feb-20-1979

Reported in : AIR1979SC993; (1979)0GLR641; (1979)3SCC300; [1979]3SCR291

..... 's right to maintenance be considered. he referred to various works by celebrated authors on hindu law and in doing so cited passages from 'digest of hindu law' by colebrooke, 'hindu law' by g.s. sastri, 'hindu law and usage' by mayne and 'principles of hindu law' by mulla and came to the conclusion that the widow's right to maintenance, though not an indefeasible right to property, is undoubtedly ..... limitations on her ownership and made a difference to the mode of succession thereto. a comparison of the contents of the explanation with those of paragraph 125 of mulla's hindu law would show that the two are practically identical. it follows that the legislature in its wisdom took pains to enumerate specifically all kinds of 'stridhana' in the explanation and declared ..... thereof as a full owner and not as a limited owner. reference may in this connection be made to the following enumeration of 'stridhana' in paragraph 125 of mulla's hindu law:(1) gifts and bequests from relations.(2) gifts and bequests from strangers.(3) property obtained on partition.(4) property given in lieu of maintenance.(5) property acquired by inheritance.(6 ..... prescription,(i) in any 'other manner what-so-ever, and (j) any such property held by her as 'stridhana' immediately before the commencement of this act.a reference to the hindu law as it prevailed immediately before the commencement of the act would lead one to the conclusion that the object of the explanation was to make it clear beyond doubt that .....

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Jan 11 1979 (HC)

P. Periasami and ors. Vs. P. Periathambi and ors.

Court : Chennai

Decided on : Jan-11-1979

Reported in : AIR1980Mad33

..... that as undivided sons had only a bare expectancy and an imperfect or inchoate right over the self-acquired properties of their undivided father, they could only be heirs under hindu law to such properties and they cannot claim heritage as if it was aprathibandha daya. they had no right by birth nor is' it contended before us that they had any ..... them in their hands. (vide lakshmi narasamma. v. ramabrahmam : air1950mad680 ). we have referred to two kinds of daya. the first heritage is relatable to the right by birth which in hindu law is available to a son, sons' son and the son's son's son. in the second kind of day namely sapratibandha daya, the existence of the owner is a ..... and kin of an owner of property acquired an interest in such property even before his demise. this is adumbrated in the principle of right by birth. daya (heritage) in hindu law from hoary times has been classified under two heads apratibandhadaya and saprathibandhadaya which expression to the extent possible has been translated in english as 'unobstructed heritage' and 'obstructed heritage'. unobstructed ..... attached to such a concept or do they take it as tenants in common? in spite of the enlightened cobwebs of orthodox hindu law having been shed by the introduction of; the statute law in hindu succession - act of, 1956, yet, the law relating to joint family which is a peculiar doctrine among hindus still shoots posers which are not easy of solution. the peculiarity .....

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