Court : Supreme Court of India
Decided on : Feb-10-1993
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; 1SCR891
..... worship among the buddhists and a monk at the time of his ordination had to declare solemnly that he had taken refuge in buddha, dharma and sangha. [b.k. mukherjea on 'the hindu law of religious and charitable trusts', tagore law lectures: fifth ed. (1983), p. 18]. in sikkim, lamaistic buddhism was the official religion and sanghas (budhist lamas) staying in the budhist ..... the entire population of sikkim excepting the registered buddhist priests, have been denied any say. for the purpose of explaining sangha, mr. parasaran has referred to the book on hindu law of religious and charitable trusts by b.k. mukherjee, dealing with buddhism and stating that buddhism was essentially a monastic religion and he buddhist order or congregation of monks was ..... known by the name of sangha and this sangha together with buddha and dharma (sacred law) constituted three jewels which were the highest objects of worship among the buddhists. with a view to show that the sangha could be given an exclusive voting right ..... , might at the first blush appear to resuscitate ideas of separate electorates considered pernicious for the unity and integrity of the country.77. the sangha, the buddha and the dharma are the three fundamental postulates and symbols of buddhism. in that sense they are religious institutions. however, the literature on the history of development of the political institutions of .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-30-1993
Reported in : 1994(2)BomCR720; 1993CriLJ3580
..... companionship as the mate and by resolving the pleasure and sorrows in the pursuit of life shall be shared with her and dharma shall be observed. 23. according to the principles of hindu law, marital duties indicate that the wife is bound to live with her husband to submit herself to his authority. similarly, ..... , he must keep his eyes wide open before marriage and half shut afterwards. in view of the moral and legal principles laid down under the hindu law and various statutes, we do not find any substance in the submission of shri deshpande, the learned counsel for the appellants/accused. in the instant ..... subjected to ill-treatment, cruelty and harassment. she was not provided with food and other necessities of life. she was neglected. anyhow, as a hindu woman she wanted to live with her husband only. 5. on 20-1-1989 sitabai was reached to deori at the house of the accused with ..... , ill-treatment and harassment by the appellants/accused. they kept her without food and shelter. democratic society is governed by the concept of rule of law. the police are essentially a low enforcing agency. it is he who enforces the liability, maintains the public order, regulates traffic, keeps the lawless elements ..... the husband is bound to live with his wife and maintain her. husband is a lawful guardian of his wife. if a man wants .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-26-1993
Reported in : 1993CriLJ1635; 1993(1)Crimes1169(SC); I(1993)DMC507SC; JT1993(2)SC559; 1993(2)SCALE214; (1993)2SCC684; 2SCR666
..... necessaries of life as the provider, guaranteeing companionship as the mate and by resolving that the pleasures and sorrows in the pursuit of life shall be shared with her and dharma shall be observed. if this be the concept marriage, there would be no scope to look for worldly considerations, particularly dowry.... when a girl is transplanted from her natural ..... economically independent, the possibility of this pernicious social evil dying a natural death may not remain a dream (only. the legislature, realising the gravity of the situation has amended the laws and provided for stringent punishments in such cases and even permitted the raising of presumptions against an accused in cases of unnatural deaths of the brides within the first seven ..... there is no eye-witness in the case. the case is sought to be established by the prosecution from circumstantial evidence. in a case based on circumstantial evidence, the settled law is that the circumstance from which the conclusion of guilt is drawn should be fully proved and these circumstances must be conclusive in nature. moreover, all the established circumstances should ..... anand, j.1. the curse of dowry has claimed; yet another victim. kundula bala subrahmanyam, the husband of the deceased-kundula koti nagbani and his mother kundula armapurna (mother-in-law of the deceased) have filed this appeal under section 2(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 against the judgment of the high court of .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-31-1993
Reported in : AIR1995HP92
..... treated as obstructed heritage.17. in smt. dipo v. wassan singh, air 1983 sc 846, the apex court noticed the incidents of ancestral property as quoted in the mulla's hindu law (15th edition), pages 289 and 291 respectively, in the following words :'......... if a inherits property, whether movable or immovable, from his father or father's fattfer, father's father' ..... in the self-acquired property of the father, his rights are unequal by reason of the father having an independent power over or redominantinterest in the same; vide mayne's hindu law, llth edition, page 336. it is obvious, however, that the son can assert this equal right with the father only when the grandfather's property has devolved upon his ..... unobstructed heritage devolves by survivorship; whereas obstructed heritage by succession. there are, however, some cases in which even obstructed heritage may also passes by survivorship.13. the property according to hindu law is divided into two classes, namely, joint family property and separate property and it is this joint family property, which may be divided, according to the sources from which it ..... noticed that the mitakshara divides property into two classes, namely, aprati-bandha daya or unobstructed heritage, and sapritibanda daya or obstructed heritage. in para 218 of mulla's principles of hindu law, it is observed that the property in which a person acquires an interest by birth is called unobstructed heritage. reason for this is because the accrual of the right to .....Tag this Judgment!
Court : Delhi
Decided on : Mar-11-1993
Reported in : I(1993)BC502; 50(1993)DLT247; 1993(25)DRJ538
..... it is to be accepted or rejected by the court. all these points need probe, which can only be done at the time of regular trial.(10) under the indian law, a holder, to be a holder in due course, must not only have acquired the bill, note or cheque for valid consideration but should have acquired the cheque without having ..... corporation of india limited : air1988bom45 , and braja kishore dikshit vs. puma chandra panda a.i.r. 1957 ori 153 in support of his contentions.(8) it is settled principle of law that the application for leave to defend must be supported by an affidavit disclosing a defense. the nature of defense alone should be examined at that stage and if the ..... seeking leave to defend are not sufficient for granting leave to them. the suit is based on negotiable instrument i.e. hundi. the consideration has been passed in accordance with law and no tangible defense is made out by the applications filed by these defendants and, thereforee, these applications seeking leave to defend should be dismissed.(7) from the pleadings of ..... pleas seeking leave to defend this suit. as per the averments made in this application the hundi in dispute is understamped and it is a nullity in the eyes of law and inadmissible in evidence. no consideration has been received by the defendant no.3 for co-acceptance. the contract of co- acceptance between the bank and the drawer is without .....Tag this Judgment!
Court : Patna
Decided on : Feb-26-1993
..... shebait is a combination of office and proprietary right and though the position is anomalous, it is an anomaly which has been recognised and accepted in hindu law from a very early date. but it is important to remember that though a mahanth has a beneficial interest and though he has large administrative powers, ..... 2 to the writ application. 5. the petitioner thereafter was appointed a temporary trustee by the special officer in terms of s. 33 of the bihar hindu religious trust board act by an order contained in the letter dated 24-9-1991 as contained in anne-xure-3 thereof. 6. the respondent no ..... 55. it would also be open to the concerned respondents including the respondent no. 4 to take such action as against the petitioner as is permissible in law. 56. however, before parting with this case, we may observe that we are not expressing any opinion on the allegations made by the respondent no. ..... kinds of discharge.' 33. it was further held :-- 'it is clear therefore that though a mahanthis not a trustee in the strict sense of english law, he is a trustee in the general sense occupying a finduciary position in respect of the endowment and having obligations of certain kinds to discharge. he ..... under s. 33 of the act. 20. it has been conteded that the petitioner's initial appointment could only be challenged before a competent court of law. 21. mr. abhay kumar, the learned counsel appearing on behalf of the petitioner has raised a short question in support of this application. the learned .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-17-1993
Reported in : 1994(1)BLJR48; 1993(3)SCALE394; 1994Supp(1)SCC734; Supp1SCR607
..... the ruler of any indian state with the government of india or by the terms of any enactment passed before the commencement of this act; (iii) ** ** ** ** 72. in mulla's hindu law, 16th edn. at page 766 it is stated: "the exception is limited to the impartible estates of rulers of indian states succession to which is regulated by special covenants or ..... of the impartible estate. insofar as there is no evidence that this property came to be merged into the impartible estate, succession will be governed by the general principles of hindu law. therefore, it is submitted that no exception could be taken to the judgment under appeal. 40.we will now take up civil appeal no. 1208 of 1990. the facts have ..... to succession to chiefship or gaddi. (2)ripudaman singh's own personal properties as distinct from state properties and succession to his personal properties were governed by mitakshara school of hindu law. (3)the inclusion of the suit property in the inventory furnished by pratap singh, as his private property, would not deprive the original owners of their share as the heirs ..... property in erstwhile british india, necessarily resort was had to this course of benami. it is well settled in law that where benami is pleaded five principles will have to be taken into consideration. 41. it has been held in mayne's hindu law, 13th edn. at page 1201 as under: "(1) source of the purchase money; (2) nature and possession of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-07-1993
Reported in : II(1993)DMC349
..... petitioner (complainant) and dalbir singh, respondent no. 1, was solemnized by way of anand karaj on 9.3.1981. the parties are governed by hindu law and the marriage was solemnized as per hindu dharam shastra as per hindu sikh religion and anand karaj ceremony at village sardargarh. they had been cohabiting as husband and wife of village narwana and, out of the wed ..... perform her marriage as per anand karaj ceremony which allegedly has been carried out by respondent no. 1, for solemnizing his marriage with respondent no. 5. still, as per settled law, anand karaj ceremony is performed by reciting four lawans from shri darbar sahib. at all, in any of the circumstances, seven pheras are not required to be taken around shri ..... witnesses. so, the valuable right in this respect has been snatched by the petitioner from the respondents by unexpectedly examining the witnesses of her choice.6. as per well-settled law, it must have been pleaded and proved on the file as to what custom of marriage the parties are recognizing, but it has not been pleaded or proved on the ..... -lock one son name paramjit singh was born at village mobeke on 16.7.1982. thereafter, the petitioner went to the house of her in-laws where she started .....Tag this Judgment!
Court : Delhi
Decided on : Feb-08-1993
Reported in : 50(1993)DLT625
..... counsel made reference to ram pukar singh & others vs . sita ram mahton & others : air1973pat310 . shridhar atmaram ghadav vs . the corporation of the city of nagpur : air1971bom273 . bal mukand vs . joint hindu family firm known as munna lal ramji lal & others, . shyamsunder prasad gupta & others vs . darbhangi rai & others, : air1960pat420 and kanshi ram & others vs . kesho ram bahna & others, and shriparapu ..... procedure in 1976 lo entertain and admit the appeal by using the said one word ''notice', so, it cannot be said that appeal has not been admitted in accordance with law for regular hearing.(47) the learned counsel forthe tenant has drawn my attention to the subsequent events showing that the tenant had filed a petition seeking fixation of standard rent ..... for ordinary wear and tear the said damage was to be made good from the said security(20) the learned counsel also referred to definition of 'furniture' appearing in dictionary law laxicon by venkataramiah, 2nd edition volume ii, which indicates that only articles given for decoration or use in a dwelling place are covered by that term. he has urged that ..... tenant in. the said shop and consequential relief of injunction restraining the landlord from dispossessing the plaintiff from the said shop and the other articles except in due course of law. nityanand had instituted suit no. 307/68 seeking decree for mandatory injunction for getting possession of the business along with the said articles and tools and the said shop. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-27-1993
Reported in : JT1993(4)SC374; 1993(3)SCALE255; (1993)4SCC181; Supp1SCR409
..... as earnest money would be returned with interest.8. mr. j.s. wad, learned counsel appearing for the respondent, relying on paragraph 455 of the fourth edition of halsbury's laws of england, vol.9, contended that whatever the alleged cause of frustration, a contract is not discharged under this doctrine when a contract becoming onerous merely because of the difficulty .....Tag this Judgment!