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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Year: 1958 Page 1 of about 23 results (0.218 seconds)

Nov 06 1958 (HC)

Bhagwant Amarsingh Teli Vs. Mt. Manmati and anr.

Court : Madhya Pradesh

Decided on : Nov-06-1958

Reported in : AIR1959MP249

..... of 1955, d/-23-7-1955 noted as 1956 nag lj notes 27, adopted the same view without reference to the said case. it is pertinent to note that even these two cases recognise that a widow having interest in joint family property by virtue of section 3 (2) of the hindu women's right to property act, 1937, is not a coparcener and cannot have ..... an alienation effected by the sole surviving co-parcener, who acts as manager of the joint hindu family. 9. even before the enactment of the hindu women's right to property act, 1937, the females of a joint hindu family had the right to be maintained out of the joint family property. if a charge for maintenance were created on the property before alienation, they were entitled ..... sole surviving co-parcener, not for legal necessity certainly reduces' the share of interest that has been conferred upon a widow by the hindu women's right to property act 1937. in addition to her former rights or maintenance and residence out of the joint family property. it was for this reason that the learned judges of the bombay high court in ilr ..... to pursue the property in the hands of an alienee. the obligation to maintain was extended to the government, when it took .....

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Dec 23 1958 (HC)

Sashimukhi Dasiani Vs. Brundaban Das and ors.

Court : Orissa

Decided on : Dec-23-1958

Reported in : AIR1959Ori132

..... the parties. where, therefore, during the pendency of appeal against the dismissal of a suit by a wife for recovery of maintenance, the hindu adoption and maintenance act, 1956, was passed, the wife could invoke the provisions of section 18(2)(d) of the act for claiming maintenance on the ground that her husband's first wife was living although this right was not available to her at the ..... plaintiff would not be entitled to any relief under section 2, sub-section (4) of the act xix of 1946 (the hindu married women's right to separate residence and maintenance act 1946), when her husband took another wife prior to the enforcement of the act' and dissented from the cases reported in sm. pancho v. ram prasad, air 1956 all 41, ilr 1955 cut 354: ((s) air 1955 ..... the suit according to law. the parties may be allowed to adduce any fresh evidence if they so desire. the learned subordinate judge after fixing the rate of maintenance, will make it a charge on the share of the properties belonging to defendant no. 1.22. the appeal is accordingly allowed, the judgment and decree of the trial court are set aside ..... house after she was turned out from there.'in this observation, the learned subordinate judge has entirely erred. the ground of desertion has nothing to do with that of cruelty. when the learned subordinate judge disbelieved the case of cruelty he ought to have independently considered the plaintiff's case with regard to desertion.12. with regard to the case of .....

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Feb 04 1958 (HC)

Tikaram Pratapsingh and ors. Vs. Narayansingh and ors.

Court : Madhya Pradesh

Decided on : Feb-04-1958

Reported in : AIR1958MP231

..... amend and codify the law on the subject. it came into force on 21-12-1956. it repealed the hindu married women's right to separate residence and maintenance act, 1946, and sub-section (2) of section 30 of the hindu succession act,, however, contained a saving clause in section 30, which was applicable only to cases of adoption and did no more than bring out the effect of ..... in the two appeals.3. the suit was filed by arjunsingh's three illegitimate sons, claiming arrears of maintenance for three years prior to the date of suit (16-6-1947), a declaration that they were entitled to maintenance at rs. 200 per month, and a charge to be created upon the separate property of arjunsingh. in the court below the claim for ..... was conceded before us that arjunsingh admitted that the three plaintiffs were his illegitimate sons. it was also admitted that before they became major arjunsingh was puying maintenance under an order of the criminal court. when the present suit was filed, the three illegitimate sons were all major, being between 29 and 24 years of age at that time.5. in p ..... maintenance was decreed, but it was ordered at the rate of rs. 30/- per month, with arrears for three years .....

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Oct 23 1958 (HC)

Padmalochan Jagatram Agharia Vs. Sm. Sulochana Padmalochan

Court : Madhya Pradesh

Decided on : Oct-23-1958

Reported in : AIR1959MP245

..... in her plaint. therefore, she was not entitled to separate maintenance under section 2(4) of the hindu married women's right to separate residence and maintenance act xix of 1946.13. however, under section 18(2)(d) of the hindu adoption and maintenance act 78 of 1956, which came into operation on 21-12-1956, a hindu wife is entitled to separate maintenance, if the husband has any other wife living. for the ..... , 1949. it was alleged that in february 1949 a caste panchayat was called, when the appellant refused to allow the respondent to live with him, but agreed to pay rs. 45/- per month as maintenance. in accordance with the panchayat agreement, the appellant paid rs. 90/- towards the maintenance allowance of february and march, 1949, but stopped further payments. therefore, the respondent ..... respondent is also not entitled to separate maintenance under section 2 sub-section (4) of the hindu married women's right to separate residence and maintenance act, 1946, as the act was not applied to the former raigarh state until 19-6-1948. it is necessary to trace, the legislative history of raigarh state and to find out what acts and when were applied there.7. upto the ..... year 1947, raigarh was a feudatory state in the area known as chhattisgarh. from the list of laws in force prior to integration, we gather that hindu law was in force in raigarh state, but act no. xix of 1946 had not been applied by .....

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Oct 17 1958 (HC)

Mst. Gurdev Kaur Vs. Sarwan Singh

Court : Punjab and Haryana

Decided on : Oct-17-1958

Reported in : AIR1959P& H162

..... regard to her position as a wife cannot live in the house of her husband she can claim separate maintenance. the act of 1946 has been repealed by the hindu adoption and maintenance act 1956 but section 2 of the act of 1940 has been bodily incorporated in section 18 of the act, 1956.11. reading all these enactments together it can be legitimately said that if a wife has been found ..... the scope of the expression 'without reasonable cause' occurring in section 9(1). it is pointed out that at the time when the hindu marriage act was enacted the hindu married women's right to separate residence and maintenance act 1946 was in force.according to sub-section (2) of that act notwithstanding any custom or law, a married hindu woman is entitled to separate residence andmaintenance from her husband ..... chhajju singh and that he used to let other persons loose on her for the purpose of misconduct.when she made the statement she was pregnant. she was allowed by the magistrate to accompany her mother. an application under section 9 of the hindu marriage act was filed by the respondent soon after in september 1958. the only issue that was framed by the ..... a substantial and genuine reason for doing so. these circumstances corroborate the statement of the wife that she was being kept in illegal confinement by the husband at the time when the warrants were issued at the instance of her mother.if that he so there can be no doubt that the husband was treating her with cruelty which may not .....

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Sep 03 1958 (HC)

Data Ram and anr. Vs. Teja Singh and anr.

Court : Punjab and Haryana

Decided on : Sep-03-1958

Reported in : AIR1959P& H428

..... disregard of them are not invalid'. 13. the learned counsel then made a reference to sections 4 and 10 of the hindu adoptions and maintenance act (no. 78 of 1956). these two sections are set down below: '4. save as otherwise expressly provided in this act,-- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before ..... aspect observed as follows: 'accordingly, their lordships are of opinion that the respondents have established that the customary law applied to khushal singh when he left the delhi district in 1858. but the appellants maintain that the adoption of defendant 1 was invalid in that it did not comply with the customary law in two respects, viz., that defendant was an orphan ..... of a residuary nature, spring on the extinction of the smaller estate, but when by operation of law, the particular rights are enlarged into absolute right, there are left no deferred rights which can revert. the logical effect of the provisions of sections 14 and 15 of the hindu succession act is that with the conversion of a limited estate into an absolute estate ..... in holding that the suit was within time. the question of limitation in the present case depends entirely on appreciation of evidence with regard to the point of time when girja singh was adopted. the finding given by the learned additional district judge is based on evidence and no error of law has been shown to me. it must, therefore, be held .....

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Mar 12 1958 (HC)

Amritlal N. Shah Vs. Alla Annapurnamma

Court : Andhra Pradesh

Decided on : Mar-12-1958

Reported in : AIR1959AP9

..... : (air 1941 fc 5) (o), viswanalha sastri j., held that he was entitled to take note of the provisions of the hindu married women's rights to separate residence and maintenance act (xix of 1946). the learned judge observed that if a cause of action not available on the date of the suit accrued during ..... in the civil court to entertain a suit by a landlord for recovery of possession from the tenant of a building falling within the definition of the act. section 9. c. p. c., clearly enacts that the civil courts shall have jurisdiction to by all suits of a civil nature excepting suits of ..... regard to the state of the law as to court-fees and cost of litigation, and i do not think we are compelled by authority to adopt such a view as to interfere in appeal in any case where such an amendment has been allowed in the lower court.'ramesam j. reviewed all ..... were followed. the contention based upon the notional splitting of rent was repelled. to the same effect is another decision of this in venkayya v. venkata subba rao, 1956 andh wr 1093: (air 1957 andh pra 619) (z), to which one of us (krishna rao j.) was a party.13. sri chandramowli strenuously contended ..... when a tenant may be evicted by the landlord, in muhammadunny v. melepurakkala unniri, 1949-1 mad lj 452: (air 1949 mad 765) (z19), it was held that there was nothing in the provisions of the act expressly prohibiting the institution of a suit for possession or prohibiting the civil court from passing a decree for possession. what section .....

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Nov 25 1958 (HC)

Ram Dial Vs. Sant Lal and anr.

Court : Punjab and Haryana

Decided on : Nov-25-1958

Reported in : AIR1959P& H240

..... would incur divine displeasure and spiritual censure. with this class of villagers the displeasure of the religious head is usually associated with divine adopt the words used in dacca west m. r. case such disciples are likely to have thought that they would be sinning if they did ..... in act xliii of 1951 in 1956. before the amendment of the re presentation of the people act of 1951 by means of act xxvii of 1958, part vii of this act was headed as 'corrupt and illegal practices and electoral offences.' chapter i of part vii dealing with corrupt practices contained two sections, section 123 ..... 248). the learned tribunal in sanjeeva shetty's case, 3 elr 358, has, however, laid stress on the intention of the person who has been charged with having exercised undue influence, and in this connection it has beep observed that the mere holding out of an inducement of pious hopes, spiritual benefits ..... , the freedom of canvassing for votes on the basis of systematic appeals with religious sanction behind may be urged that such appeals when addressed by the supreme heads of religious sects to their illiterate and devout followers, who cannot in a rational way distinguish between the farmans of ..... bounds of legitimate use of his character, power and position and that it will be impossible to conceive of a case where such words, when addressed to the class of voters normally found among the muhammadan voters of this province and specially of this constituency, will fail to have .....

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Jul 30 1958 (HC)

T. Dattam Bhat Vs. State of Mysore and anr.

Court : Karnataka

Decided on : Jul-30-1958

Reported in : AIR1959Kant222; AIR1959Mys222

..... of personal inams and certain miscellaneous inams in the (mysore area) except bellary district. sub-section (4) of section 1 of the said act provided that except sections 2, 27, section 8 and 40, the rest of the said act shall come into force in respect of any inam village or minor inam in an unalienated village ..... registered as an occupant of all lands except those mentioned in clauses (i), (ii) and (iii) of sub-section (1) of the said section.there is a corresponding section, being section 9 of the act, which enjoins that every inamdar with effect on and from the date of vesting be entitled to be registered as ..... be said to be a matter of policy relating to essential legislative function.the policy has been sufficiently indicated in the proviso, that is, when the inamdar is left with less than 2 1/2 acres of garden land or 5 acres of wet land or 10 acres of dry ..... be co-sharers in an inam all of whom would be inamdars within the definition of that expression as appearing in clause 6 of section 2 of the act. when therefore it is said that compensation shall be determined for the inam as a whole and not for each of the interest therein, ..... , on such date as the government by notification appoint. by virtue of this provision the government of mysore issued on 20-9-1956 a notification whereby it appointed 2-10-1956 .....

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Mar 28 1958 (HC)

In Re: Puttawwa

Court : Karnataka

Decided on : Mar-28-1958

Reported in : AIR1959Kant116; AIR1959Mys116; 1959CriLJ617

..... of the body of the murdered person a conviction can be sustained if the evidence clearly establishes that a particular person was intentionally killed. but if the charge is that a particular person was murdered that fact has to be established. in the present case, the prosecution has sought to make out that the body ..... mortem examination of the child which revealed that the child had been born alive and had been strangled to death, the accused was prosecuted for an offence under section 302, i. p. c. the accused denied having committed the offence. she admitted that she gave birth to a child but stated that she became unconscious ..... at the time, that she did not know whether the child was born alive, that when she saw the child some hours after the delivery it was lying dead and that p. w. 1 honawa took it away saying that she would bury ..... jury.6. it will be seen that even accepting the findings of fact by the learned judge no case has been made out against the accused, when the identity of the child which was found near chikkapna's house has not been established with the child borne by the accused on the night of ..... 1. the accused who is a widow has been convicted of an offence punishable under section 302, i. p. c., for having killed her newly born child on the night of 19-3-1956 and sentenced to imprisonment for life. the learned sessions judge has also in view of the circumstances of the case, recommended that this .....

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