Court : Karnataka
Decided on : Feb-02-2009
Reported in : 2009(2)KCCR1206; 2009(5)AIRKarR207; AIR2009NOC2884(D.B).
..... the suit schedule properties are the joint family properties in which the plaintiff has a share.17. in this context, it would be relevant to note that the property under hindu law can be classified under two heads: (1) coparcenary property and (2) separate property. coparcenery property is again divisible into (i) ancestrai property and (ii) joint family property which is not ..... should not be treated as joint family property and (4) separate property of the coparceners thrown into the common stock.19. the term 'ancestral property' has a special meaning in hindu law. that means only such property as is inherited by a male from father, father's father and father's father's father and such inheritor's son, son's son .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-12-2009
by this miscellaneous application, the applicant prays that the respondent be directed to immediately provide signals to the applicant/petitioner on la carte basis as per the terms of the reference interconnect officer (rio) and also for action to be initiated against the respondent for failure to comply with the judgement dated 1.10.2008 of this tribunal. 2. briefly, the applicant/petitioner had filed petition no. 62(c) of 2008 which was disposed of by this tribunal vide judgement dated 1.10.2008. in that judgement, we had held that the petitioner is entitled to the channel(s) of its choice from the respondent on la carte basis and directed the respondent to supply signals of such channel(s) that the petitioner may desire and as per the rates and terms of rio. it was also stipulated therein that in the event the petitioner offers the channel(s) received from the respondent to its subscribers as part of a bouquet, the payment will be made as per the provisions of clause 13.2a.13 of the telecommunication (broadcasting and cable services) interconnection (fourth amendment) regulation, 2007 (no. 9 of 2007) (hereinafter referred to as the interconnect regulation, 2007). 3. the matter having come up for hearing on 9.2.2009, the counsels for both the parties were heard. the contention of the applicant is that pursuant to the above judgement, it had corresponded with the respondent seeking all the channels of the respondent on la carte basis and that in reply, the respondent had .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-2009
..... said finding, the court referred the following passage from mayne's treatise on hindu law and usage, 13th edn., pp.429-30: 'adoption of daughters.-nandapandita in his dattaka mimamsa would construe 'putra' (or son) as including a daughter and ..... 367. the hon'ble apex court has come to such a finding on the basis of a well-recognised book of treatise on hindu law and usage by mayne and the principles of hindu law by mulla. for convenience, we are quoting the paragraph nos. 23 & 28 of the said decision.23. while arriving at the ..... in the case of lakshman singh kothari v. smt. rup kanwar reported in : air 1961 sc 1378 observed the adoption under the ancient hindu law as follows:under the hindu law, whether among the regenerate caste or among sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family to ..... that the appellant being a member of shudra community need not perform all the ceremonies to be performed in the case of an adoption under the hindu law and the hon'ble apex court supported such custom. he also contended that the husband of the appellant took steps for sradh ceremony of dalimmoyee ..... distant relations of dalimmoyee and that the appellant was not adopted by dalimmoyee as her own daughter. no adoption ceremony was held at all according to hindu law and custom. in fact, the father of the appellant, kanailal das, was a tenant under lalit mohan and he was an employee of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-2009
Reported in : JT2009(15)SC86; 2009(14)SCALE435; (2010)1SCC716
..... interference.14. the learned single judge seems to have dismissed the writ petitions for three reasons, viz:1) the matter is purely contractual in nature. therefore in view of the law laid down by this court in the case of radhakrishna aggarwal v. state of bihar : air 1977 sc 1496 and also in bareilly development authority v. ajai pal singh : 1989 ..... at interval of every 10 years. learned counsel also submitted the finding of the learned single judge that no writ would be maintainable in contractual matters is against the settled law by the supreme court in a catena of judgments. he has made reference to a number of judgments in support of the submission that action of the respondents had to ..... was no longer permissible for the respondents to submit that no writ would lie against the port trust in contractual matters. it would also be against the ratio of the law laid down by this court in jamshed homusji wadia v. board of trustees, port of mumbai and anr. : (2004) 3 scc 214.9. on the other hand counsel for the ..... voluntarily entered into the lease agreements were bound to accept the renewal on the stipulated conditions.8. the appellants submitted before the learned single judge that in view of the law laid down by the supreme court in numerous judgments including the judgment in the case of ramana dayaram shetty v. international airport authority of india and ors. : air 1979 sc .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-22-2009
Reported in : 2009(4)KCCR2907; 2010(2)KarLJ336; 2010AIR(Kar)352(NOC)
..... were the exclusive and separate properties of shanthamallegowda having been allotted to him towards his share, under the partition. therefore, section 30 of the hindu succession act has no application to the facts of the case. 20. section 59 of the indian succession act states as to the person who ..... owner. explanation to sub-section (1) explains the term 'property'. according to this section, 'property' includes moveable and immovable properties acquired by a female hindu by inheritance, or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative ..... and exclusive properties of shanthamallegowda, upon his intestate death, his properties are inherited by all his class-i heirs as per section 8 of the hindu succession act. even if the original defendant no. 1 had enjoyed the plaint schedule properties along with her husband after the partition, she did ..... all issues. the appellate court only found fault with the findings of the trial court with regard to the application of section 14 of the hindu succession act and the finding of the trial court that after the family partition as per ex. pit, shanthamallegowda and defendant no. 1 ..... law in reversing the judgment and decree of the trial court without meeting the reasoning given by the trial court? 2. whether on facts and circumstances of the case, the judgment and decree of the court below is vitiated for not properly appreciating the scope of section 14 of the hindu .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-11-2009
Reported in : AIR2010Guj21
..... of the high court of justice, family division, rex & y (foreign surrogacy) 2008 ewhc 3030 (fam) u.k.14. we have indicated, in india there is no law prohibiting artificial insemination, egg donation, lending a womb or surrogacy agreements. no civil or criminal penalties are also imposed. public pressure, for a comprehensive legislation defining the rights of a ..... medical procedures of artificial insemination, reimbursement of all reasonable expenses for carrying the child to full term, willingness to hand over a child to a commissioning parents etc. law commission has also recommended that legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parents without there being any need for adoption or even ..... the surrogacy, especially commercial surrogacy.10. commercial surrogacy is never considered to be illegal in india and few of the countries like ukrain, california in the united states. law commission of india in it's 220th report on 'need for legislation to regulate assisted reproductive technology clinics as well as rights and obligations of parents to a surrogacy' ..... learned counsel submitted that petitioner and his wife are german citizens but as the children are not born in germany, they would not get german citizenship, especially when german law does not recognize surrogacy. learned counsel submitted that for the purpose of obtaining visa from the consulate of united kingdom, it is necessary that children should have an indian .....Tag this Judgment!
Court : Chennai
Decided on : Sep-15-2009
Reported in : (2009)8MLJ1503
..... gift made to the mathathipathi so as to see those are properly utilized for the purpose of the math in accordance with its objects and propagation of hindu dharma. the apex court in paragraph 43 of the judgment reported in : 1996 (8) scc 705 [sri sri sri laxmana v. state of andhra ..... proceeding, nor when the earlier decision declares valid a transaction which is prohibited by law. where the law is altered since the earlier decision, the earlier decision will not operate as res judicata between the same parties: tarini charan bhattacharjee case ilr ..... in respect of gifts of properties or money made to the mathadhipathi as gifts intended for the benefit of the math, he is bound under law as trustee, to render accounts for the receipts and disbursement and cause the accounts in that behalf produced from time to time before the commissioner ..... action of the subsequent proceeding be the same as in the previous proceeding, but not when the cause of action is different, nor when the law has since the earlier decision been altered by a competent authority, nor when the decision relates to the jurisdiction of the court to try the earlier ..... relating to the interpretation of enactment affecting the jurisdiction of a court finally between them, even though no question of fact or mixed question of law and fact and relating to the right in dispute between the parties has been determined thereby. a matter in issue between the parties is the .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : Apr-17-2009
..... of something or wrongfully refused him of something and only then, he is entitled to file an appeal as an aggrieved party. 21. in the light of the above settled law, we shall see whether the appellant has established that he is a really aggrieved party which would entitle him to file an appeal. 22. the relief which was sought by .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-15-2009
Reported in : 2009(111)BomLR2507
..... have a corresponding meaning.therefore, the contention of mr. jethmalani that this has to be attributed the same meaning as understood in commercial parlance and so defined in black's law dictionary and further incorporated in contract with ntpc. in view of the fact that the contracts which were entered into between the government of india and reliance industries ltd., ..... invalid or unenforceable, the parties shall negotiate in good faith to adopt a replacement provision to carry out, in effect, the parties original intention to the extent permitted by laws.13.9 approvals under upstream arrangements(a) without prejudice to the approvals to be obtained under each gspa, the parties agree that the obligations of seller under each base volume ..... in this regard, the judgment of the calcutta high court, chairman, serajganj municipality v. chittagong air 1923 cal 32 can be referred to. this has been reiterated in field's law of evidence, 10th edn. volume 4, page 39033904184. the learned counsel appearing for rnrl submitted that in the present cases, the entire gamut of correspondence between the parties, as ..... sufficiently disclosed and thereby accorded its sanction to the scheme after examining the same and directing the petitioner company and the resulting companies to comply with the required provisions of law as pointed out by the regional director of companies for which the petitioner company gave an undertaking and the company petition came to be allowed. one important factor of which .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-30-2009
Reported in : AIR2009NOC2988(F.B)(P&H)
..... of the ten "sikh gurus", state sponsored terrorism against indefils (non-muslims) was at its peak. the primary objective, of the rulers of the time, was to wipe out the hindu "dharma" (religion). the efforts of the "sikh gurus" to seek the support of the hill "rajas" against this onslaught at the hands of the rulers of the time, did not ..... do an acceptable job of providing secular education. the state, concededly, has power to regulate and control the education of its children, but it cannot, by a general law compelling attendance at public school or college, preclude attendance at the school or college established by the religious minority when the parents seek to secure the benefit of religious instruction ..... system of faith, doctrine and worship, as the christian religion, the religions of the orient; a particular system of faith or worship. the term 'religion' as used in tax exemption law, simply includes: (i) a belief, not necessarily referring to supernatural powers; (2) a cult, involving a gregarious association openly expressing the belief; (3) a system of moral practice ..... respondents. on 10.9.2008, while admitting the writ petition for regular hearing, this court at the suggestion of the learned counsel representing the petitioners, formulated seven questions of law, which according to the petitioners, required determination at the hands of this court. this court also permitted the learned counsel representing the respondents to suggest additional questions, which may .....Tag this Judgment!