Court : Karnataka
Decided on : Nov-19-2011
..... court failed to make a distinction between a trust in strict legal sense and a religious of charitable endowment as understood in customary hindu law. it is because of its failure to see this distinction that it committed an error in directing that administrators general in accordance with the provisions ..... wide discretionary power conferred on it by statute to vary the terms of trust, besides its limited inherent jurisdiction in this respect. 129. in the hindu law of religious and charitable trust by b.k. mukherjea, fifth edition, in page 213, paragraph 5.14reads as under: 5.14 founder cannot alter ..... the property itself as a juristic person. in manohar ganesh v. lakshmiram (ilr 12 bombay 247), it is held that the hindu law like the roman law and those derived from it recognizes not only corporate bodies with rights or property vested in the corporation apart from its individual members, ..... and private religious endowment has been stated as under:- in order to appreciate this argument, it is necessary to state first the distinction in hindu law between religious endowments which are public and those which are private. to put it briefly, the essential distinction is that in a public trust ..... court in the case of thayarammal (dead) by lr vs. kanakammal and others, reported in air 2005 sc 1588, dealing with a question whether a dharma chatra, a chowltry of south india, would constitute a trust, has held as under:- 14. dharmachatramis choultry of south india meaning a place where .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-30-2011
..... high court failed to make a distinction between a trust in strict legal sense and a religious or charitable endowment as understood in customary hindu law. it is because of its failure to see this distinction that it committed an error in directing that administrators general in accordance with the provisions of ..... in the property itself as a juristic person. in manohar ganesh v. lakshmiram (ilr 12 bombay 247), it is held that the hindu law like the roman law and those derived from it recognizes not only corporate bodies with rights or property vested in the corporation apart from its individual members, but ..... public or a section of it has an interest. such charities, as already stated earlier appertain to a private debuttor also. (see b.k. mukherjea, hindu law of religious and charitable trusts, (3rd ed.) 303, 304) 18. the existence of a private mutt, where the property was given to the head ..... of having direction from the court regarding the administration of such trust. what is the position of mutt 31. a mutt is, under the hindu law justice person. mutt is an institutional sanctum presided over by a superior who combines in himself the dual offices of being the religious or spiritual ..... apex court in the case of thayarammal (dead) by lr vs. kanakammal and others, reported in air 2005 sc 1588, dealing with the question whether a dharma chatra, a chowtry of south india, would constitute a trust, has held as under:- 14. dharmachatram is choutry of south india meaning a place .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-15-2011
..... edition] defines it as the place where legal trials take place and where crimes, etc. are judged. the oxford thesaurus of english [3rd ed] gives the following synonyms: court of law, law court, bench, bar, court of justice, judicature, tribunal, forum, chancery, assizes, courtroom . the chamber's dictionary [10th ed.] has described a court as a body of person ..... however, are not courts, in the sense in which the term is here employed. courts are tribunals which exercise jurisdiction over persons by reason of the sanction of the law, and not merely by reason of voluntary submission to their jurisdiction. thus, arbitrators, committees of clubs and the like, although they may be tribunals exercising judicial functions, are ..... mechanisms, usually brought into existence by or under a statute to decide disputes arising with reference to that particular statute, or to determine controversies arising out of any administrative law. courts refer to civil courts, criminal courts and the high courts. tribunals can be either private tribunals (arbitral tribunals), or tribunals constituted under the constitution (speaker or ..... the first schedule being the provisions of the convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall have the force of law in india in relation to any carriage by air to which those rules apply irrespective of the nationality of the aircraft performing the carriage, subject to the provisions of .....Tag this Judgment!
Court : Chennai
Decided on : Oct-03-2011
..... the father under section 25 of the guardians and wards act, 1890 , among other things, this court held as follows:- .........it was also held that both according to the hindu law and english law a father is the natural guardian of his children during their minority and has therefore a paramount right to the custody of his children of which he cannot be ..... bride who had not completed the age of eighteen years at the time of marriage and suppressio veri by a woman, who was pregnant at the time of marriage." 24. hindu law on marriages classifies the marriages into three categories namely, valid marriage, void marriage and voidable marriage. though it is observed in mulla that a voidable marriage remains valid and binding ..... a positive decree passed by the competent court annulling the child marriage, the marriage shall be subsisting. 23. at this juncture, we may usefully refer to mulla on principles of hindu law [14th edition]. while discussing about voidable marriages he has observed as follows:- "the scheme of the act is to treat the marriage as valid, void and voidable. attention has been ..... and guardianship act. as we have already seen, a child marriage was recognized as a valid marriage in hindu law despite the implementation of the child marriage restraint act, 1929. even in the hindu marriage act, 1955 as it was originally brought into force as per clause (vi) of section 5 of the act, the child marriage was recognized as a valid marriage .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-02-2011
..... example, on a question whether a custom has been established or whether adverse possession has been proved, or whether a hindu family has ceased to be joint as a matter of law accepting the facts proved. the appellate tribunal will therefore have jurisdiction to consider whether on the facts proved before the ..... exhibit u-2 and the tribunal will decide the complaint on the basis of material on record and on its own merits, in accordance with law, without being influenced by the observations made and the findings recorded herein. 38.at this stage, ms.neeta karnik, learned counsel for the respondent ..... appointed on regular basis. 30.mr.kamdar further contended that at any rate, it amounts to imposition of penalty without following the due process of law. while elaborating this submission, he relied upon sections 22, 23 and 26 of the 1947 act. section 22 prohibits the persons employed in public ..... high court directed the ndmc to consider afresh the question of revision of pay- scale for all the sections of ministerial staff in accordance with law. after giving an opportunity to all sections of the employees to make their representations, the ndmc passed resolution on 27.06.1978 constituting the electricity ..... of payment of bonus act, 1965, by virtue of section 32 (iv) thereof. as a result of this, the employees of the corporation in law are not entitled to get bonus from the corporation. thus there is no statutory and legal right vested in the employees of the corporation to claim bonus .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-2011
..... under the guardians and wards act. sub-section (2) has taken away the independent power of alienation originally possessed by the natural guardian under the hindu law and forbids mortgage or charge or transfer by sale, gift, exchange or otherwise or even lease for a term exceeding 5 years or for a ..... ors. air 1979 punjab & haryana 215, a judgment relied upon by the defendant, the court referring to the provisions of sub- section 8(1) of hindu minority and guardianship act, which provides that the guardian can, in no case, bind the minor by a personal covenant, inter alia, observed as under: " ..... and is specifically enforceable when the minors are not coming forward to avoid it. it was contended before the division bench of the high court that hindu minority and guardianship act, 1956, having introduced material change by way of restricting the powers of the natural guardian to effect any mortgage or charge ..... or transfer of the property by sale, gift, exchange or otherwise and therefore, is not covered without the prohibition contained in section 8(2) of hindu minority and guardianship act. an agreement to sell, by itself, does not transfer ownership in the immovable property. it only gives a right to the ..... on the part of the natural guardian of sub-section (2) of section 8 of the hindu minority and guardianship act, and it is settled principle that no court should compel a person to contravene the law. the matter can be looked at from another angle, namely, that even where the court .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-04-2011
..... appellate court to know what actually weighed in the mind of the trial judge in taking a particular decision and to ascertain that the law was correctly applied to the facts of the case. reasons are actually the links between the materials on which the decision is based and ..... file objections to the execution. 60. reliance placed upon air 1969 patna 265 yogeshwar prasad singh and others vs. jiyal chaudhary and others, 1985 allahabad law journal 281 mahfooj ali khan and others vs. additional district judge rampur and others, 2001 allahabad civil journal 683 jai prakash agarwal vs. arjun agarwal, ..... or against 'representatives'. it reads as under:- 146. proceedings by or against representatives:- " save as otherwise provided by this code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken ..... the alleged judgment and order dated 5.8.1991 decreeing the suit against the defendant no. 2 is no judgment in the eyes of law and as such there is no valid executable decree. he further submits that the suit for prohibitory permanent injunction was not maintainable in the civil ..... had two sons, nabiullaha and habibullaha. nabiullaha had a son waliullaha and a daughter khatoon jannat bibi. habibullaha had one son hamidullah. as muslim law permits marriage between first cousins, hamidullaha married khatoon jannat bibi. hamidullaha had a son asadullaha who died on 15.7.1995 leaving behind his widow smt .....Tag this Judgment!
Court : Chennai
Decided on : Aug-03-2011
..... the fifth and sixth respondents, in view of rejection of planning permission by the second respondent vide his proceedings dated 28.12.2005. 2. the petitioner is the president of hindu dharma vidya peedam, kanchi nagar, kappicadu post, kunnathoor village, kanyakumari district. 3. the case of the petitioner, is that in the year 1983, there was a communal clash between the two ..... by the judicial commission, the state government issued g.o.ms.no.916 dated 29.04.1986. 5. the government order is only an administrative instruction, having no force of law, nor there was any necessity of issuing such g.o., as statutory provision under rule 4(3) of the tamil nadu panchayats building rules, 1997 (hereinafter referred to as the ..... exercised. 15. this writ petition is accordingly dismissed, with liberty to the petitioner to get the civil court decree executed, or avail any of the other remedy, in accordance with law. no costs.Tag this Judgment!
Court : Chennai
Decided on : Jul-26-2011
..... succeed in this writ petition challenging the order of dismissal passed against him. 23.a division bench of this court in dharma paripalana sabha, rep. by its secretary, a.n.srinivasa rao vs.commissioner, hindu religious and charitable endowments (admin.) department., chennai 34 reported in (2010) 2 mlj 272, has held that in a ..... be a basis for imposing any punishments. the relevant portion of the judgment is extracted hereunder: 14.in view of the above cited settled position of law on this aspect and having regard to the fact that there is no controversy about the enquiry officer's finding of guilt on the part of ..... enquiry or statement given by any person during the preliminary enquiry for the purpose of imposing punishment, such punishment cannot stand to the test of scrutiny of law. it was based on the hierarchy of judgments of the hon'ble supreme court on this issue including the judgment in (1997) 1 scc 299 ( ..... such view of the matter, looking at any angle, the conduct of the respondents, cannot be accepted to be legal in the manner known to law. the legal position regarding the reliance being placed on the preliminary report for making imputation on a delinquent is not maintainable for the reason that during ..... issued first charge memo, dated 15.10.2004 was incompetent except that it is sought to be explained in the counter affidavit filed herein. 16.law is well settled that the impugned order has to be read as it is and it is certainly not open to the respondents to explain the .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jun-03-2011
..... has been violating the security provisions insofar as on the one hand it has written letters/ e-mails to the service providers to ensure that information may be transmitted to law enforcement agencies and officers of government of india on e-mail with e-mail id of nic.in or ernet or with their own corporate domain servers housed in india .....Tag this Judgment!