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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 2000 Page 1 of about 2,508 results (0.086 seconds)

Mar 29 2000 (SC)

Shriomani Gurudwara Prabandhak Committee, Amritsar Vs. Shri Som Nath D ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; [2000]2SCR705; 2000(2)LC978(SC)

..... the grants having been made to the juridical person symbolised or personified in the idol.20. thus, a trust is not necessary in hindu law though it may be required under english law.21. in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurdwara ..... calcutta : [1969]74itr33(sc) held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ; the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of ..... 'a compendious expression of the pious purposes for which the dedication is designed.' vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750; varadachariar j. dealing with this question, referred to the decision in, ilr 1910 cal 128 and ..... for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity 6f the english law. in early law a gift placed as it-was expressed on ..... 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 or morality. a trust is not required .....

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Mar 29 2000 (SC)

Shiromani Gurudwara Prabandhak Committee Vs. Som Nath Dass and ors. Et ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : (2000)160CTR(SC)61

..... to the juridical person symbolised or personified in the idol.'(emphasis, italicised in prints, supplied)thus, a trust is not necessary in hindu law though it may be required under english law.in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurrudwara prabandhak ..... 1969]74itr33(sc) , held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ilr 12 bom 247:'the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with ..... be 'a compendious expression of the pious purposes for which the decimation is designed'. vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750 (g), varadachariar j. dealing with this question, referred to the decision in ilr cal 128 (f) ..... for the purpose., the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on ..... 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 or morality. a trust is not required .....

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Nov 17 2000 (HC)

Wto Vs. Durlabhlal Sewalal Yagnik

Court : Rajasthan

Decided on : Nov-17-2000

Reported in : (2001)71TTJ(NULL)20

..... on other members of coparcenary by survivorship and does not pass to his heirs by succession.12.2. we may, in short, also mention here that under dayabhaga school of hindu law, which prevails in bengal, the sons do not acquire an interest by birth in ancestral/joint property. their rights arise for the first time on fathers death whereupon they take ..... in their fathers lifetime, so during fathers lifetime there can be no coparcenary in the strict sense of the word between a father and sons under dayabhaga school of hindu law. under this school of law it is only on the death of father leaving two or more male issues that a coparcenary, for the first time, comes into existence.13. a 'joint ..... that it is presumed that an huf never comes to an end. he has contended that huf is governed by hindu law and a company is governed by company law and machinery is provided in those laws. he has contended that according to hindu law the assessees huf was very much existing and the sole surviving member durlabhlal continues to constitute huf.8. we have considered ..... , under the mitakshara school, does not include any female person as a 'coparcener' or as a 'coparcener member' of the coparcenary. under the mitakshara school of hindu law, neither the female members of the family become members (coparceners) of the coparcenary nor do they acquire any right of ownership in the coparcenary property, nor do they have any .....

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Dec 19 2000 (HC)

Ran Vijay Singh Chauhan Vs. Joint Director of Education, Jhansi and Ot ...

Court : Allahabad

Decided on : Dec-19-2000

Reported in : 2001(1)AWC744; (2001)1UPLBEC407

..... question be considered by a larger bench. judicial decorum, propriety and discipline required that he should not ignore it. our system of administration of justice aims at certainty in the law and that can be achieved only if judges do not ignore decisions by courts of coordinate authority or of superior authority. gajendragadkar. c.j. observed in bhagwan v. ram ..... was unaware of the judgment of the earlier bench but knowingly it proceeded to disagree with the said judgment against all known rules of precedents. precedents which enunciate rules of law form the foundation of administration of justice under our system. this is a fundamental principle which every presiding officer of a judicial forum ought to know, forconsistency in interpretation ..... services are terminated earlier on the grounds connected with misconduct, unsuitability or bona fide abolition of post.'16. the full bench in smt.pramila mishra (supra) while declaring the law on the nature of short-term appointments after conversion of vacancy into substantive, specifically overruled this decision and held in paragraph 24 as below :'.....that the decisionsof this court like ..... into a substantive vacancy whether short-term appointment would continue or it would come to an end. the full bench in smt. pramila mishra (supra) has considered thisquestion. the law laid down by the full bench is extracted as under :'summing up our conclusions in the light of the discussions in the foregoing paragraphs, we hold that a teacher appointed .....

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Jul 26 2000 (HC)

Smt. Shashi Saxena Vs. Deputy Director of Education and Others

Court : Allahabad

Decided on : Jul-26-2000

Reported in : 2000(4)AWC2685

..... vacancy with effect from 30th june, 1996, to pay arrears of salary and to continue to pay in future such salary/ emoluments, etc. as may become due in accordance with law until she is finally regularised and/or a duly selected candidate by the u. p. secondary education selection board joins the post, as the case may be.iii. special appeal .....

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Feb 23 2000 (HC)

Raj Gajendra Singh and Others Vs. Board of Revenue for Rajasthan, Ajme ...

Court : Rajasthan

Decided on : Feb-23-2000

Reported in : 2000(4)WLC689; 2000(3)WLN304

..... in the land holders or can be treated as a separate unit or that such 'not dependent' person can be deemed to have a separate share under the hindu law or coparcenary law under the ceiling law. the succession act, 1956 has taken care of this aspect in section 4(2). it is immaterial to say that the land as entered on the notified ..... had held as under:(i) the concept of the term 'family' in chapter iii-b is not to be connected with the term 'joint family' as known to be in hindu law. (ii) chapter iii-b governs all persons irrespective of their religion or community. (iii) the lands may be held by hindus or persons belonging to other, religious and all of ..... and other communities. (v) therefore, the expression 'family' used in part iii cannot be equaled to or connote an undivided family as known to the hindu law or that after partition had taken place in respect of a 'hindu family'. (vi) the term 'family' under chapter-iii does not treat the children or grand children, who are not dependent, as members of the ..... the share of land of such member who is a constituent of the family. while deciding a ceiling mailer under the old ceiling law, the concept of 'family' contained in section 30-b should not be treated as hindu undivided family and this distinction must be kept in mind, and that the definition of the term 'family' given under the act has .....

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Sep 13 2000 (HC)

Smt. Roop Raj Laxmi Vs. the Sub-divisional Officer and ors.

Court : Rajasthan

Decided on : Sep-13-2000

Reported in : 2001(4)WLC533; 2007(3)WLN469

..... the division bench that the concept of the term 'family' in chapter iii-b is not to be connected with the term 'joint family' as known to be in the hindu law and that chapter iii-b governs all persons irrespective of their religion, creed or community and that the lands may be held by hindus or persons belonging to other religions ..... a 'hindu family, there cannot be a 'family' consisting of the husband, wife, their children and grand children being dependent on them and widowed mother of ..... of them are equally governed by the provisions of the ceiling law. the concept of joint family is totally foreign to the personal laws of muslims, christians and other communities and, therefore, the expression 'family' used in part iii cannot be equated to or connote an undivided family as known to the hindu law or that after partition had take place in respect of ..... act shall have no effect on the term 'family' contained in chapter iii-b of the old ceiling law under the tenancy act in view of sub-section (2) of section 4 of the hindu succession act.5. it is necessary to understand the controversy raised in the present writ petition and the facts which are as under:6. the original khatedar .....

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Sep 28 2000 (HC)

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Decided on : Sep-28-2000

Reported in : 2000(4)AWC3270

..... to christianity, validity and the factum of adoption pleaded by the appellant could not be proved in its true technical legal sense known to the hindu law. in other words, albeit, adoption in the family of the appellant was legallypermissible but as a matter of fact, the adoption pleaded by ..... evident that adoption in the family of the appellant, had been prevalent. i am disposed to the view that custom of adoption known to the hindu law by which the family was governed before its conversion to christianity, continued to be followed even after conversion. as a matter of fact, antiquity ..... . the vanniva tamil christians of chittur taluk, it was held would continue to be governed as a matter of custom by mitakshara school of hindu law. this decision, in my opinion, supports the view that rights inherent in man by birth are not lost on his conversion to another religion ..... in anthonyswamy (supra), it was the admitted case that vanniya tamil christians of chittur taluk, kerala, are governed by the mitakshara school of hindu law in regard to inheritance and succession and the son of a member of such community gets by birth interest in ancestral property owned by the father ..... to learned counsel. succession in the family of e.e. datt would be governed by the custom prevailing in the family, namely, the principles of hindu law on adoption whereunder, an adopted son inherits the property of his adoptive father. in support of his submission, learned counsel has placed reliance on anthonyswamy .....

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Apr 05 2000 (SC)

Lily Thomas, Etc. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-05-2000

Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC

..... devi v. mul raj 1907 (pr no. 49) 198. in rakeya bibi v. anil kumar mukherji ilr (1948) cal. 119, it was held that under hindu law, the apostasy of one of the spouses does not dissolve the marriage. in fiayeda khatoon @ a.m. obadiah v. m. obadiah (1944) 49 cww 745, it ..... adopted the 'muslim' religion and become a convert to that religion for the sole purpose of having a second wife, which is forbidden strictly under the hindu law. it need hardly be.said that the, said conversion was not a matter of respondent no. 3 having faith in the muslim religion.11. this ..... and religion.22. that a woman's organisation 'kalyani' terribly perturbed over this growing menace and increase in number of desertions of the lawfully married wives under the hindu law and splitting up and ruining of the families even where there are children and when no grounds of obtaining a divorce successfully on any ..... has adopted the muslim religion and became a convert to that religion for the sole purpose of having a second wife which is forbidden strictly under the hindu law. it need hardly be said that the said conversion was not a matter of respondent no. 3 having faith in the muslim religion.20. the ..... be permitted to take advantage of his exploitation as religion is not a commodity to be exploited. the institution of marriage under every personal law is a sacred institution. under hindu law, marriage is a sacrament. both have to be preserved.40. i also respectfully agree with brother sethi, j. that in the present .....

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Jan 31 2000 (HC)

Master Daljit Singh and ors. Vs. S. Dara Singh and ors.

Court : Delhi

Decided on : Jan-31-2000

Reported in : 2000VAD(Delhi)341; AIR2000Delhi292; 85(2000)DLT794; II(2000)DMC134; 2000(54)DRJ509

..... . hindus get a joint family status by birth and the joint family property is only an adjunct of the joint family (mulla on mitakshara hindu law, para 212, 17th edition). 14. property according to the hindu law may be divided into two classes, namely, (1) joint family property; and (2) separate property. joint family property may be divided according to the source ..... case. the term 'joint family property' is synonym with coparcenary property. separate property includes self acquired property. (mulla on hindu law, para 220, 17th edition). 17. where the property has been acquired in business by persons constituting a joint hindu family by their joint labours, the question whether the property so acquired is joint family property or whether it is merely ..... ., : air1990mp247 which has followed . 8.section 19 of the act provides for the right of a widowed daughter-in-law to claim maintenance from her father-in-law. section 19 reads as under:- '19. maintenance of widowed daughter-in-law. - (1) a hindu wife,whether married before or after the commencement of this act,shall be entitled to be maintained after the death ..... ancenstral property; or (2) joint acquisition; or (3) property thrown into the common stock; and (4) accretions to such property. 12. the law about the joint family and joint family property is well settled. a joint hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. the joint and undivided family is .....

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