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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 2003 Page 1 of about 3,523 results (0.080 seconds)

Feb 25 2003 (HC)

Namdev Vyankat Ghadge and anr. Vs. Chandrakant Ganpat Chadge and ors.

Court : Karnataka

Decided on : Feb-25-2003

Reported in : ILR2003KAR1794

..... coparcener on the death of the husband of the widow, who took him in adoption. the facts in that case were that one shamrao, who was governed by the mitakshara hindu law, died leaving behind him two sons dharma and miragu, miragu died issueless in the year 1928 leaving behind him his widow champabai. the joint family properties of ..... of the collateral. reliance is placed on the privy council decision in bhubaneswari debi v. nilkomul lahiri (12 cal. 18 p.c.) there it was expressly held that according to hindu law an adoption after the death of a collateral does not entitle an adopted son to come in as heir to the collateral. mr. madbhavi has attempted to distinguish this case ..... property and got half share mutated in his name in the suit properties being the karta of the family. it is the further case of the plaintiffs that as per hindu law, defendant no. 2 had no right over the suit property, the plaintiffs filed complaint about the said mutation entry; however, the defendant no. 1 with the help of defendant no ..... judgment under challenge in the light of the decision of this court in dharma shamrao agalawe v. pandurang miragu agalawe and ors. aforementioned.9. in the case of dharma shamrao the question that came up for consideration was whether a person adopted by hindu widow after coming into force of the hindu adoptions and maintenance act, 1956 (for short 'the act'), can claim a .....

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Feb 25 2003 (SC)

Namdev Vyankat Ghadge and anr. Vs. Chandrakant Ganpat Ghadge and ors.

Court : Supreme Court of India

Decided on : Feb-25-2003

Reported in : AIR2003SC1735; 2003(4)ALD89(SC); 2003(2)ALLMR(SC)1119; 2003(2)AWC1574(SC); 2003(51)BLJR1006; JT2003(2)SC504; 2003(3)MhLj1; 2003MPLJ542(SC); 2003(2)SCALE407; (2003)4SCC71; [

..... adoption.the facts in that case were that one shamrao, who wasgoverned by the mitakshara hindu law, died leavingbehind him two sons dharma and miragu. miragu diedissueless in the year 1928 leaving behind him his widowchampabai. the joint family properties of dharma andmiragu passed on to the hands of dharma, the solesurviving coparcener on the death of miragu. champabaihad only right of maintenance in ..... in theheir of the collateral. reliance isplaced on the privy council decision inbhubaneswari debi v. nilkomul lahiri (12cal. 18 p.c.) . there it was expresslyheld that according to hindu law anadoption after the death of a collateraldoes not entitle an adopted son to comein as heir to the collateral. mr.madbhavani has attempted to distinguishthis case by pointing out that ..... in the suit property andgot half share mutated in his name in the suitproperties being the karta of the family. it is thefurther case of the plaintiffs that as per hindu law,defendant no. 2 had no right over the suit property,the plaintiffs filed complaint about the said mutationentry; however, the defendant no. 1 with the help ofdefendant no. ..... in the light of the decision of this court indharma shamrao agalawe v. pandurang miragu agalawe andors. aforementioned.9. in the case of dharma shamrao the question thatcame up for consideration was whether a person adoptedby hindu widow after coming into force of the hinduadoptions and maintenance act, 1956 (for short 'theact'), can claim a share in the property which .....

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Apr 04 2003 (HC)

Chintala Venkata Satyanarayana Rao Vs. Chintala Syamala

Court : Andhra Pradesh

Decided on : Apr-04-2003

Reported in : AIR2003AP322; 2003(3)ALD637; 2003(3)ALT577

..... filed the above petition under sections 13(1)(i), 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955, for dissolution of his marriage with the respondent alleging that his marriage with the respondent was solemnized according to hindu dharma sastras and caste customs on 4.5.1984 at tiruvuru. the marriage was consummated. appellant and respondent led ..... for him to live with her. 26. the father of respondent was financially very sound possessing lands, fields, houses, commercial complexes etc., at tiruvur and sattupally. brothers-in-law of respondent are also affluent persons having rice mills, whereas appellant and his family do not have any property except a house at laxmipuram which is a residential house. the ..... non that the petitioner must show that respondent's allegations are false and, therefore, they amount to 'mental cruelty' towards him.' there is no doubt about the above proposition of law. this court in vegi jagadesh kumar v. mrs. v. radhika, : 2000(1)ald76 (db), has explained 'desertion' and 'cruelty' after referring to a number of decisions. in paras ..... marital life at vijayawada for sometime and thereafter petitioner got employment as assistant professor in vasavi engineering college, hyderabad. therefore, they shifted to hyderabad in the month of march/april, 1985. during their lawful wedlock, they were blessed .....

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Aug 11 2003 (HC)

The Bharat Co-operative Bank (Mumbai) Ltd. Being a Co-operative Societ ...

Court : Mumbai

Decided on : Aug-11-2003

Reported in : 2004(1)BomCR589; 2003(4)MhLj1043

..... andhra pradesh co-operative societies act, 1964 fixed the term of the managing committee not exceeding three years as may be specified in the bye-laws. the relevant bye-law curtailed such term to one year. it was thereafter amended and was brought in consonance with the provisions of the parent act by providing three ..... of this act or the rules or bye-laws and assume charge of their office.(6) where the board fails to conduct election of the members of board, the central registrar shall hold the ..... the elected members of the board shall be such, not exceeding five years from the date of elections, as may be specified in the bye-laws of a multi-state co-operative society.provided that elected members shall continue to hold office till their successors are elected or nominated under the provisions ..... provisions of this act or the rules or the bye-laws and assume the charge of their office.(4) no person shall be eligible to be elected as a member of the board of a multi- ..... the elected members of the board shall be such, not exceeding three years from the date of election, as may be specified in the bye-laws of a multi-state co-operative society:provided that the elected members shall continue to hold office till their successors are elected or nominated under the .....

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Feb 25 2003 (SC)

Ranbir Singh and ors. Vs. Kartar Singh and ors.

Court : Supreme Court of India

Decided on : Feb-25-2003

Reported in : AIR2003SC1858; [2003(2)JCR205(SC)]; 2003(2)SCALE424; (2003)3SCC518; [2003]2SCR291

..... act. on those allegations i fall to understand how could act 1 of 1920 (sic) made applicable to that suit, the claim being based under hindu law. moreover, the act would have no application to such a suit brought against the landlords of a tenancy under the provisions of the punjab tenancy act. ..... very intelligible. the facts of the case were that the plaintiff sued the landlords of a certain tenancy claiming that as an adopted son under hindu law he was a male lineal descendant of the last occupancy tenant and was entitled to succeed to the tenancy in view of the provisions of section ..... in construing statutes dealing with hindu law subjects will be questionable. the same is the case where a statute regulates limitation for suits under custom.' ..... 1 to article 59 of rattigan's digest of customary law and under all canons of construction of statutes it will not be permissible to resort to the dictionary in preference to this definition. the term has a technical meaning in hindu law and any use of the dictionary meaning of the term ..... of sihnu within fourth degree, who would have inherited the suit lands after the death of basanti, had she died before coming into force of hindu succession act. their defence that gift was made by way of surrender or in acceleration of succession was rejected by the trial court as well as .....

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Dec 23 2003 (HC)

Prakash Vs. Pushpa Vani

Court : Andhra Pradesh

Decided on : Dec-23-2003

Reported in : 2004(3)ALD858; 2004(4)ALT286

..... the properties inherited by her from her husband but who could only enjoy them with all the restrictions attached to a widow's estate under the hindu law. a liberal interpretation of the provisions of this act is needed than a narrow and pedantic view, which is likely to destroy the very object ..... act of 1956 cannot possibly stand in the way of such a right being given effect to, if it is available to her under the ordinary hindu law.we also wish to point out that the recent trend in our country, with respect to the rights of women, has undoubtedly been to enlarge ..... the purchaser is legally bound to provide for her maintenance;(4) that the right to maintenance is undoubtedly a pre-existing right which existed in the hindu law long before the passing of the act of 1937 or the act of, 1946, and is, therefore, a pre-existing right;(5) that the ..... treatises as the mitakshara and the mayuka. the relevant passages from the mitakshara are, in the judgment of the court of appeal, thus quoted from stokes' hindu law:-'heirless property goes to the kind, deducting however, a subsistence for the females as well as the funeral charges ....... the expression 'deducting, however, a ..... as appears from the judgments delivered in the court of appeal, depends upon whether, upon the facts proved, she was in strict sense, according to the hindu law, as prevailing in bombay the 'permanent concubine' of deceased. this word concubine has long had a definite meaning, whether expressed in the language of india .....

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Sep 16 2003 (SC)

Rajgopal (Dead) by Lrs. Vs. Kishan Gopal and anr.

Court : Supreme Court of India

Decided on : Sep-16-2003

Reported in : AIR2003SC4319; 2003(51)BLJR2393; 97(2004)CLT174(SC); 2003(4)CTC114; [2003(4)JCR124(SC)]; 2003(7)SCALE516; (2003)10SCC653

..... proved that there was the ceremony of giving and taking of the adoptive son. (2) a dwyamushyayana inherits both in his natural and adoptive families.' likewise raghavachariar in his treatise hindu law, 9th edition, has referred to 'dwyamushyayana' form of adoption at page 148 thus :-'174. dwyamushyayana is the name given to a person who is given in adoption under an agreement ..... ; dwyamushyayana in which a son is taken in adoption under an agreement that he should be the son of both the natural and adoptive fathers.'14. mulla on principles of hindu law, 18th edition, page 821, has enumerated the form of 'dwyamushyayana' adoption which runs thus:-'486. (1) where a person gives his son to another under an agreement that he should ..... that his initiation under both gotras be wanting, he would partake only of the gotra of the adoptive father. see dattaka mimansa, chapter 6, pl. 41 (stokes' hindu law, page 610).13. mayne's treatise on hindu law & usage, 14th edition, page 469, described the peculiar form of 'dwyamushyayana' adoption thus:'221. an exception to the rule that adoption severs a son from his ..... son of both. the son so adopted is technically called 'dwyamushyayana'. see dattaka chandrika, section 2, pl. 24 and 40, and vyavahara mayukha, chapter iv, section 5, pl. 21 (stokes' hindu law, pages 65, 641 and 646).12. the dwyamushyayana adopted son is of two kinds, (1) absolute, i.e., nitya dwyamushyayana, and (2) incomplete, i.e. anitya dwyamushyayana. the absolute dwyamushyayana .....

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Oct 28 2003 (HC)

Commissioner of Gift Tax Vs. Banshilal Narsidas

Court : Madhya Pradesh

Decided on : Oct-28-2003

Reported in : (2004)190CTR(MP)145; [2004]270ITR231(MP); 2004(1)MPHT127

..... who is competent to transfer the property in whole or part and absolutely or with attachment of conditions he can be a donor. as per hindu law the 'karta' of the hindu family has a right to dispose of the property by way of gift under certain circumstances. if circumstances or conditions precedent are satisfied, the 'karta ..... of jana veera bhadrayya v. cgt : [1966]59itr176(ap) , wherein the high court of andhra pradesh accepted the proposition that the 'karta' of a hindu undivided family can make a gift of certain joint family property to his wife and that there is no obstacle or impediment in the way of applicability of ..... submission has to pale into insignificance inasmuch as what is material in this provision is the maximum amount and further whether the 'karta' of the undivided hindu family can be a donor under the scheme of the act.7. in this context we may refer with profit to the dictionary clause to understand the ..... , therefore, the question for consideration is whether the donor can be considered to be undivided hindu family and not the father-coparcener in favour of his wife in his individual capacity.a mitakshara huf is purely a creature of law. it can not be created by the act of parties, except in so far as ..... adoption is concerned, as by such adoption, a stranger may be introduced as a member thereof. though a female can be a member of a joint hindu family, she can not be a .....

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Oct 28 2003 (HC)

Cgt Vs. Banshilal Narsidas

Court : Madhya Pradesh

Decided on : Oct-28-2003

Reported in : [2004]137TAXMAN358(MP)

..... who is competent to transfer the property in whole or part and absolutely or with attachment of conditions he can be a donor. as per hindu law the 'karta' of the hindu family has a right to dispose of the property by way of gift under certain circumstances. if circumstances or conditions precedent are satisfied, the ..... were females or the only male member was the sole surviving coparcener, the said male member is entitled to dispose of the coparcenary or the joint hindu family property as if it were his separate property. he may sell, mortgage or he may make a gift of it. these propositions are well ..... has to pale into insignificance inasmuch as what is material in this provision is the maximum amount and further whether the 'karta' of the undivided hindu family can be a donor under the scheme of the act.7. in this context we may refer with profit to the dictionary clause to understand ..... therefore, the question for consideration is, whether the donor can be considered to be undivided hindu family, and not the father-coparcener in favour of his wife in his individual capacity.a mitakshara huf is purely a creature of law. it cannot be created by the act of parties, except insofar as adoption is concerned ..... , as, by such adoption, a stranger may be introduced as a member thereof. though a female can be a member of a joint hindu family, she cannot be a coparcener. .....

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Nov 12 2003 (HC)

Arun Kumar Singh and ors. Vs. District Judge and ors.

Court : Allahabad

Decided on : Nov-12-2003

Reported in : 2005(1)ARC597; 2005(2)AWC1574

..... , therefore, each member of the joint family will come within the definition of the term 'tenant'. on other hand the learned counsel for the petitioner argued that the plea of hindu law cannot be imported in cases arising under the u.p. act no. xiii of 1972. the learned counsel argued that the terms 'tenant' and 'family' having been defined in the ..... ' in view of the law of intestate succession as contained in the hindu succession act, 1956, particularly section 8 thereof and the schedule thereto. during the life time of the said ram nath, the petitioners herein, who are the sons of the ..... .p. act no. xiii of 1972, should be construed as referring to the persons entitled to inherit the property under the law of intestate succession applicable on the date when the tenant dies.33. the said jag mohan indisputably was hindu. therefore, as noted above, on the date of death of the said jag mohan, his sons ram nath was the 'heir ..... (a) of the act contemplates only natural heirs. heirs will be determined according to personal law applicable to a party. in asha vaish case (supra), as the parties were hindu, it was laid down that the succession would be determined in accordance with the provisions of the hindu succession act, 1956.38. in view of the decision in asha vaish case (supra), it .....

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