Court : Mumbai
Decided on : Mar-27-2008
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... ) the sruti, (2) the smriti and (3) custom. hindu law is also described as 'that body of law in its entirety which originated from the religious scriptures of various indigenous communities of this century'. the ..... draw any hard line of logical demarcation between matters, secular and religious, because certain questions such as for instance as marriage and adoption had the aspects of both. marriage under hindu law was primarily and essentially a sacrament. having elements both, religion and secularity, it was the source and foundation of the status of the parties; and of their right to associate ..... women and their capabilities to decide independently statutorily recognised, and the very reason for insisting upon such an authority or consent from the husband or the sapindas under the old hindu law having lost its basis and thereby ceased to be of any relevance or valid purpose whatsoever. in such circumstances, acceding to the submission to read into section 8 the ..... of his treatise on hindu law and usage said 'hindu law has the oldest pedigree of any known system of jurisprudence, and even now it shows no signs of decrepitude'.17. in mulla's hindu law, the oft-referred treatise on the subject, the text of manu and yajnavalkya, it has been quoted and declared that there are three main sources of hindu dharma or law i.e. (1 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-27-2008
Reported in : AIR2008P& H200; (2008)151PLR354; AIR2008P&H200; 2008(6)AIRKarR68(FB)
..... the succession act and ob served that it has brought uniform code of succession amongst hindus irrespective of the fact whether they were previously governed by hindu law or customary law and to that extent both hindu law and customary law stood modified or repealed, as has been declared by section 4 of the succession act. it noticed section 14 of the succession act, which ..... hindus although section 30 of the succession act also provides for testate succession. it has been submitted that the succession act does not deal with alienation and, therefore, hindu law and customary law concerning alienation continue to survive. they have further pointed out that the succession act does not abolish reversioner and they continue with their right to challenge any alienation made ..... act. hon'ble the supreme court has recognized the application of these principles in numerous judgments. in that regard reliance may be placed on two judgments in the cases of dharma shamrao agalawe v. pan-durang miragu agalawe : 2scr1077 ; and sheela devi v. lal chand : (2006)206ctr(sc)149 . however, more pronounce statement of these principles as recognized by ..... issue, it passes to his heirs by succession.it went on to observe that there is no dispute in regard to the aforementioned propositions of law and also placed reliance on the judgments in the cases of dharma shamrao agalawe (supra) and sheela devi (supra) [c.f. commissioner of wealth tax v. chander sen : 161itr370(sc) and makhan singh v. .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-04-2008
Reported in : (2009)226CTR(All)606
..... into two divisions 'ishta' and 'purta', the former being sacrifice and sacrificial gifts and the like, and the latter charity properly so-called. in mayne's hindu law and usage, 11th edition, at p. 911, 'purta' or charitable acts are referred to as acts of construction of tanks, wells with flights of steps, ..... definition. in order to understand what these expressions legally convey, one can merely enumerate its various aspects and characteristics as they have been recognized by the laws of a particular country. in umar baksh v. cit air 1931 lah 578 (sb), it was observed that for construing the words 'religious or ..... counsel for the opposite parties is that the writ petition may kindly be dismissed as there is an alternative remedy available to the petitioner as per the law laid down in the case of aditanar educational institution v. asstt. director of it (exemptions) : (2008) 297 itr 376 (mad). regarding the ..... words in the particular system of jurisprudence that may be followed by the assessee.18. in the hindu fsmritis 'charity', whether secular or religious, is but a part of the content of the word 'dharma'. when the word is used in the context of gifts of property, it means all acts of ..... piety and benevolence considerably wider than what is understood by the use of the word 'charity'. according to the hindu text writers, gifts for religious and charitable .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-14-2008
Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092
..... pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law to live under their guardianship after her husband's death.27. the orders passed by the high court which are impugned before us are, thus, ..... text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision ..... non obstante clause. in terms of the said provision itself any obligation on the part of in-laws in terms of any text, rule or interpretation of hindu law or any custom or usage as part of law before the commencement of the act, are no longer valid. in view of the non obstante clause ..... lieu of maintenance. interpreting sub-section (1) of section 14 of the hindu succession act this court held that the term 'possessed' should receive a wide meaning. it is in this context this court noticed the authorities from sastric hindu law whereupon our attention has been drawn:similar observations have been made by the ..... , if any, must be executed against her husband and only his properties could be attached therefor but not of her mother-in-law. 20. sections 4 and 28 of the hindu adoptions and maintenance act read as under:4. overriding effect of act save as otherwise expressly provided in this act,-(a) any .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-07-2008
Reported in : AIR2009All77
..... is made under the act of 1956. he submits that there being no provisions in the act pertaining to the aforesaid prohibition, the shastric hindu law providing for prohibition of adoption of daughter's son shall continue and district magistrate has rightly rejected the claim. learned counsel for the petitioner ..... from the date of adoption. defining fiction is that he is treated to be child of the family from the date of adoption. earlier shastric hindu law treated adoption as adoption even if the adoptive father died earlier. in the case of namdev vyankat v. chandrakant reported in : 2scr299 , ..... prohibition at least extend to adoption of daughter's son, sister's son and the son of the mother's sister. maynes' treatise on hindu law and usage (15th edition) has categorically laid down the above mentioned prohibition in paragraph 187 which is quoted herein below:187. one whose mother ..... daughter's son, the district magistrate committed error in rejecting the application of the petitioner. learned counsel for the petitioner further submits that shastric hindu law even if the same provided for any prohibition of adoption of daughter's son is no longer applicable in view of section 4 of ..... with great learning and force by mr. v.n. mandlik. he admits that 'the pattaka chandrika, the dattaka mimansa, the sanskara kaustubha, the dharma sindhu and the dattaka nirnaya contain this prohibition'. these authorities base their option, first, on the text of saunaka that the adopted boy must bear .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-08-2008
Reported in : (2008)4MLJ696(SC); 2008(7)SCALE255; (2008)5SCC1; 2008(3)SLJ189(SC); 2008(3)Supreme651
..... therefore, come to this conclusion without any hesitation in mind, that the instant case is squarely covered by the principles of law laid down by this court in the various pronouncements as noted herein above including in the case of d.s. reddy v. chancellor, osmania university and ors. : 2scr214 . ..... through a one man legislation clearly falls foul of article 14 of the constitution being an apparent case of 'naked discrimination' in our democratic civilized society governed by rule of law and renders the impugned proviso as void, ab initio and unconstitutional.31. such being our discussion and conclusion, on the constitutionality of the proviso to section 11a, we must, ..... because of his status as a person in public employment, he acquires additional rights constitutionally protected. the state or other public authorities are not, therefore, entitled to make and impose laws governing the service conditions of an employee which manifestly deprive him of the privileges of that status. a person in public employment is endowed with a status not merely subjecting ..... of these duties society has an interest. in the language of jurisprudence status is a condition of membership of a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned. the matter is clearly stated by salmond and williams on contracts as follow:so we may find both contractual and status-obligations .....Tag this Judgment!
Court : Patna
Decided on : Feb-28-2008
..... in dispute as to whether female members of a family specially the daughters can legally bring a suit for partition against their father claiming to be coparceners.5. originally the hindu law with respect to mitakshara school, to which the parties admittedly belong, specifically provided that only male members of a family including the son of a coparcener can be coparcener and ..... a daughter cannot be a coparcener in the ancestral property. it is further provided under clause 332 of the principles of hindu law by mulla (19th edition) that only a coparcener or a purchaser of the interest of a coparcener is entitled to institute a suit for partition.6. furthermore the ..... coparcener shall be deemed to include a reference to a daughter of a coparcener. in the said circumstances, the law is made very clear that the term 'hindu mitakshara coparcener' used in the original hindu law shall now include daughter of a coparcener also giving her the same rights and liabilities by birth as those of the son.10. section 29a introduced by the ..... act which reads as follows:29-a equal rights to daughter in coparcenary property.-notwithstanding anything contained in section 6 of this act - (i) in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same rights in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-14-2008
Reported in : 2008AIRSCW7799; 2008(6)LHSC4334; AIR2009SC636; 2009(1)ALT14(SC); 2009(1)AWC278(SC); 2009(6)BomCR344; 2009(1)CTC185; II(2008)DMC838SC; (2009)2MLJ205(SC)
..... . the right to maintenance cannot be defeated by the husband executing a will to defeat such a right. (see: mulla, principles of hindu law, vol. i, 18th ed. 2001, paras 554 and 555) the right has come to be statutorily recognized with the enactment of the ..... acquires far more than the vestige of title which is deemed sufficient to attract section 14(1).10. mulla's hindu law (sixteenth edition) sets out the position in law prior to the act. the manager of a joint mitakshara family is under a legal obligation to maintain all male members of the family ..... (supra), this court was considering the question whether maintenance encompasses a provision for residence. the case was considered in the light of section 14(1) of the hindu succession act, 1956 (in short `the act').9. maintenance, as we see it, necessarily must encompass a provision for residence. maintenance is given so that ..... , for a charge on a specific portion of her husband`s estate for her maintenance and residence (para 579).11. the hindu adoption & maintenance act, 1959, was enacted to amend and codify the law relating to adoptions and maintenance among hindus, and it defines maintenance in section 3(d) to include '(1) in all cases ..... the right of a wife to reside in the matrimonial home under personal laws. in the factual context of the present case, we are confining ourselves to dealing with the personal law as applicable to hindus as the parties are so. a hindu wife is entitled to be maintained by her husband. she is entitled .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-28-2008
Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238
..... 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 ..... particular items in view of the prohibition contained in the contract and, in such cases, it would be a jurisdictional error. practically entire case law on the point is considered by the division bench which further observes:13. while delivering the said decision in steel authority of india's case, ..... to the award passed by the forum chosen by the parties. for achieving the object of speedier disposal of dispute, justice in accordance with law cannot be sacrificed. giving limited jurisdiction to the court for having finality to the award and resolving the dispute by speedier method would be much ..... in spite of above-mentioned clauses in the gcc. question whether arbitral tribunal therefore could have considered such claims is a pure question of law here when such circumstances are not put forth by appellant. arbitral tribunal could not have taken cognizance of any claim which is against the ..... by gcc. even clause 62 above contemplates determination of contract by railways owing to default of contractor. no other provision either in gcc or of law is being invoked by the appellant to suggest even remote possibility of reaching any other view. in view of these provisions, it is apparent that .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-2008
Reported in : 2008(2)ARBLR410(Delhi)
..... viewpoints, the interference with award based on erroneous finding of fact is permissible. similarly, if an award is based by applying a principle of law which is patently erroneous, and but for such erroneous application of legal principle, the award could not have been made, such award is liable ..... reduced to mockery of a fair decision of the lis between the parties to arbitration. precisely for the aforesaid reasons, the erroneous application of law constituting the very basis of the award and improper and incorrect findings of fact, which without closer and intrinsic scrutiny, are demonstrable on the ..... the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity. in recent times, error in law and fact in basing an award has not been given the wide immunity as enjoyed earlier, by expanding the import and implication of 'legal misconcduct ..... consistent with the provisions of the arbitration act. by and large the courts have disfavoured interference with arbitration award on account of error of law and fact on the score of misappreciation and misreading of the materials on record and have shown definite inclination to preserve the award as far ..... of the apex court in : air1999sc3804 arosan enterprises ltd. v. union of india and anr., wherein the court reiterated the well settled principle of law that reappraisal of evidence by the court is not permissible and as a matter of fact, exercise of power by the court to reappraise the evidence .....Tag this Judgment!