Court : Mumbai
Decided on : Dec-10-2007
Reported in : 2008(5)ALLMR776; 2008(2)BomCR159; (2008)110BOMLR156; 2008(3)MhLj475
..... of devolution of property in relation to hindus would be appropriate.10. hindu law has the most ancient pedigree of any known system of jurisprudence. history of hindu civilisation flows from the rules of 'smrities' - the institutions which ensconce rules of 'dharma'. in course of time, two principal schools of hindu law sprang into existence; viz. mitakshra and dayabhaga. the mitakshra school ..... is sub-divided into four minor schools viz. (i) banaras school, (ii) mithila school, (iii) maharashtra or bombay school (western india) and (iv) dravida or madras school (southern india). issues regarding succession, inheritance, marriage, religious usages and institutions are decided according to hindu law ..... to the next heir of the male from whom she inherited said property. the son's daughter, daughter's daughter and sister, who are mentioned as heirs in the hindu law of inheritance (amendment) act of 1929, also take a limited estate, according to these schools, in the property inherited by them from the last male owner.12. ..... states. sub-section (3) of section 1 of the said act of 1937 provides that if a hindu governed by dayabhaga school, dies intestate living any property and when a hindu governed by any other school of hindu law or by customary law dies intestate living separate property, his widow, or if there is more than one widow, all his .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-30-2007
Reported in : (2008)113TTJ(Delhi)178
..... creation of the right in another in that property.this concept is in consonance with the definition of gift given in para 355 of the principles of hindu law by mulla which defines gift as under: gift consists in the relinquishment (without consideration) of one's own right (in property) and the creation ..... nand lal air 1929 (patna) 591 the hon'ble patna high court has observed that the hindu law in case of gifts has been expressly abrogated by section 129 and a gift to a sentient being under hindu law must be made in accordance with section 123 of transfer of property act. the hon'ble ..... in consideration of natural love and affection is not a transfer for consideration with the meaning of section 2 of the contract act under the law a consideration must be a good and valuable consideration. therefore gratuitous consideration such as natural love and affection or obedience and submission by way of ..... meritorious or a gratuitous consideration and in no case can be a good consideration or a valuable consideration. see patridge v. cobb (1). in english law the term 'consideration' bears the meaning given to it in the classical judgment of currie v. misa (2). although indian contract act does not say ..... cit(appeals) is rs. 1,36,01,314/-.7.17. in view of the above documentary and oral evidence on record, the requirement of law for establishing a validly executed gift of movable properties are fully satisfied inasmuch the donor gifted the amount voluntarily to the donee and has delivered the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-04-2007
Reported in : 2007(3)ALLMR428; 2007(4)BomCR629; 2007(4)MhLj830
..... the affirmative. as per the learned counsel for the defendant this finding is not supported from the evidence.7. as per the hindu law there is no dispute that the male issues do not acquire by birth alone any interest in the separate property or self acquired property of ..... separated members. a hindu may make a gift of his entire property to a stranger or even disinherit by will his ..... where he is member of joint undivided family, for it is not the law that the hindu is incapable (while in a state or union) of holding any property of his own apart from that of the family property. hindu law recognises separate property of individual members of a joint family as well as of ..... 'separate property' is different from the expression 'self acquired property'. the term 'separate property' is used to distinguish the individual property of a male hindu from the joint property of the family or rather his interest in the joint family property. a separate property would, therefore, include property howsoever acquired so ..... before a coparcener can throw into the common stock his self acquired property. the doctrine of 'throwing into common stock' a separate property by hindu, inevitably postulates that the owner of the separate property is a coparcener who has an interest in the coparcenery property and desires to blend his .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-14-2007
Reported in : AIR2007AP286; 2007(3)ALD826
..... suit and the suit was afterwards withdrawn against him the decree against the father can be executed against the son's interest in the joint family property.9. therefore, in hindu law, all the members of the joint family are severally liable to discharge the suit debt to the extent of their share in the joint family property. this principle has a ..... individual, the wife or husband, as the case may be and their unmarried minor children.7. the act nowhere deals with joint family or coparcenary, which is very peculiar to hindu law. what would be the position when the debt is incurred by the head of the family to meet the expenses of the joint family or to discharge the obligations of ..... . it is a crusade against oppression and harassment of the weaker sections at the hands of the creditors. the import of the incidents of a hindu joint family as could be gleaned from the texts of hindu law in the interpretation of this special beneficial enactment would frustrate the very object and purpose of the act, reason and spirit of the statute relentlessly ..... wife or husband, as the case may be, of such individual and their unmarried minor children. it does not include major children. therefore, the incidents of joint hindu family or coparcenary property as understood under the hindu law cannot be imported in interpreting the provisions of this act. the contention of the learned counsel for the petitioner rooted in the basic principles of .....Tag this Judgment!
Court : Chennai
Decided on : Dec-18-2007
Reported in : (2008)3MLJ698
..... teeth, she should have disqualified herself as a bride or that such a bride cheated the bridegroom and married him. the matrimonial bondage under the hindu law is sacrosanct. the alleged bad smell emanated from her decayed teeth cannot be taken as a weighty grievance to put forth in his petition for ..... kohli reported in : air2006sc1675 . an excerpt from it, would run thus:66.irretrievable breakdown of marriage is not a ground for divorce under the hindu marriage act, 1955. because of the change of circumstances and for covering a large number of cases where the marriages are virtually dead and unless ..... been defined in the hindu marriage act. the honourable apex court highlighting the said act for the purpose of guiding the courts below detailed ..... marriage act.(e) whether the judgment of the court below is vitiated as the case squarely applies to the reported decision of this honourable court in 2002 ctc 504.11. trite, the proposition of law is that the term 'cruelty' has not ..... law is the villian is totally against the admission made by the respondent.(d) whether the judgment of the court below is vitiated in view of the fact that the courts below have not taken into consideration that the respondent has deserted the petitioner for more than the statutory period mentioned under section 13(1)(b) of the hindu .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-26-2007
Reported in : 2007(4)ALLMR718; 2007(3)BomCR772; 2007(4)CTC257; 2007(4)MhLj517; 2007(5)AIRKarR180; AIR2007NOC2237(FB)(Bom)
..... debt in the preceding month of december for the tenant may or may not reside in the next month. 22. the expression, 'acknowledgment' may now be considered. in black's law dictionary, eighth edition, 'acknowledgment' has been described as under:acknowledgment. 1. a recognition of something as being factual. 2. an acceptance of responsibility. 3. the act of making it ..... of the above four are contained in the written document of acknowledgement, receipt or accounts stated. it is only the fourth ingredient of obligation to pay which is implied by law. the consideration for such a written contract is what flows to the defendant prior to his executing the receipt, acknowledgement or accounts stated. the money that the defendant acknowledges to ..... in words which were already there in the first place.92. in charles bradlaugh v. henry lewis clarke, lord watson as regards conscious omission from the statute stated the law, thus:i see no reason to suppose that all these omissions were accidental, and as little reason to suppose that the enactments with regard to personal disabilities were intentionally left ..... implied contract. there seems however some confusion as to the expression an implied contract and 'implied terms in a written contract'. the expression 'implied term in a written contract' in law is distinct and different from an implied contract. we will consider this aspect of the matter whilst construing the legislative changes.10. in this interpretive process, this court must consider .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-07-2007
Reported in : 2007(4)ALLMR482; 2007(3)ARBLR254(Bom); 2007(4)BomCR26; (2007)109BOMLR1163; (2007)4BOMLR26; 2007(6)MhLj255
..... judgment is to be understood with reference to the facts of the case and the point which arise for determination in those facts and the applicability of law thereto. the observation in the judgment cannot be read de hors the facts and the point arising for decision in that case. 31. in m/s ..... the increased rates. the apex court held that:after considering the relevant material on record we are of the view that both in equity and in law the plaintiff contractor is entitled to receive extra payment and the high court was right in deciding the question in respondent-plaintiff's favour.apparently, ..... clearly be in excess of jurisdiction.16. in sri s.c. roy's case (supra) the apex court, after taking note of the settled law on the point that in the absence of escalation clause in the arbitration agreement, the arbitrator would not be entitled to grant escalation charges in view ..... not deciding the specific objection regarding the legality of the extra claim. while holding so, it was specifically ruled that:if no specific question of law is referred, the decision of the arbitrator on that question is not final however much it may be within his jurisdiction and indeed essential for him ..... said conditions which are binding on the contracting parties. by ignoring the same, he has acted beyond the jurisdiction conferred upon him. it is settled law that arbitrator derives the authority from the contract and if he acts in manifest disregard of the contract, the award given by him would be arbitrary .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-2007
Reported in : [2007(114)FLR368]; ILR2007KAR1147; (2007)2LLJ1067Kant; 2007(2)KCCRSN96; 2007(3)AIRKarR62; 2007IILLJ1067
..... period, if it considers fit to do so. this sub-regulation does not provide for any acceptance or rejection of the resignation by the employer. therefore, by operation of law, resignation would become effective on expiry of three months notice period. in the instant case, petitioner has specifically pointed out in her representation that, three months notice will ..... are:i] whether the impugned communication cum order and the impugned communication issued by the competent authority of the respondent - bank vide annexures c and f are sustainable in law?ii] whether the respondent - bank is justified in not accepting the resignation of petitioner contrary to the mandate of sub-regulation (2) of regulation 20 of the canara ..... no authority of law, whatsoever to reject the notice of resignation submitted by petitioner. further he vehemently submitted that, the reasons assigned by the bank for rejecting the notice of resignation submitted by ..... he submitted that, the impugned action of the bank is capricious, whimsical, unfair, unjust, unreasonable, irrational and ultra vires the regulations, and the same is also without authority of law and grossly illegal apart from being patently unconstitutional, void and unenforceable. it is the specific submission of the learned counsel for petitioner that, in the present case, the bank has .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-31-2007
..... (supra) are also cases, wherein the word 'include' has been considered and interpreted within the meaning and scheme of the statute concerned. none of these two decisions lays down any law of general proposition and none of these two decisions can be said to have taken a view, which is different from, and not in consonance with, the decision in south ..... . (2) in this article(a) the expression 'estate' shall in relation to any local area have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in that area and shall also include(i).;(ii).;(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto including waste .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-10-2007
Reported in : 2008(1)ALD667
..... and hearing. on the other hand, the impugned order does not confirm any reasons whatsoever and it is liable to be declared as void and inoperative as being contrary to law. further, it is stated that the petitioner has been long term contractor for the last several years and has good record for full compliance of all the terms. the contract .....Tag this Judgment!