Court : Punjab and Haryana
Decided on : Jul-28-1964
Reported in : AIR1965P& H238
..... the course of arguments, however it was agreed that the question should be re-framed as under:' what is the meaning of the term 'co-parcenary property' occurring in section 19(2) of the hindu adoptions and maintenance act, 1956.' this reference has arisen in the following circumstances:(2) smt. gurdip kaur filed a suit against her father-in-law, ghumand singh, for ..... conception of the expression proceeded to hold that ancestral property as under stood in the punjab customary law is included within the scope of the expression 'co-parcenary property' when the expression is given the dictionary meaning as already explained.i have pointed out in the reference order the difficulty created by the approach of the learned judges because a ..... considerable value. her position has been that the respondent first maintained her and then has refused to do so. she claims maintenance against him as explained and further sass that to safeguard her right of maintenance 'the charge of her maintenance allowance be declared to be on the property mentioned in the heading of the petition of plaint'. there was an amendment of ..... , and not as member of a co-parcenary.(27) two arguments with reference to provisions of the hindu succession act, 1956 (act no. 30 of 1956) , may now be considered. it has first been suggest that while dealing with the subject of intestate succession chapter ii of that act, section 6, the expression in chapter ii of that act section 6 the expression used in 'mitakshara co-parcenary .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-16-1964
Reported in : AIR1965Guj270
..... . oza relied on the provisions of the hindu adoptions and maintenance act, 1956, hereinafter referred to as 'the act', but we find nothing in that act which would deprive the plaintiff of her right to arrears of maintenance which had already accrued to her on account of the wrongful withholding by the defendant. section 21(iii) includes a widow in the ..... (3) that the mater being one of discretion, the trial court's discretion in with holding the arrears of maintenance could not be legally interfered with, and (4) that after the hindu adoption and maintenance act, 1956, which came into force on 21-12-56,no such claim of arrears was legally competent. in this connection, mr ..... 18-7-54. the plaintiff's father ex.74 has also stated in his deposition that except giving application they had not raised any other protest when the amount was reduced from rs.90 to rs.50 per month. the defendant in his reply ex.101 to the notice ex.100 has ..... been abolished:(ii) save as expressly provided by or under the provisions of the act, the right of a jagirdars to recover rent or assessment of land or to levy or recover any kind or tax, cess, fee, charge or any hak and the right or reversion or lapse, if any, vested in ..... a jagirdar, and all other rights of a jagirdar or of any person legally subsisting on the said date, in respect of a jagir village s incidents of jagir shall deemed to have been extinguished'. section ii provides .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-16-1964
Reported in : AIR1965Kant299; AIR1965Mys299; (1965)1MysLJ124
..... the appellant had established willful neglect of the appellant by his second wife.(6) both these submissions, to my mind, are entirely devoid of substance. now under section 18(2)(d) of the hindu adoptions and maintenance act, the respondent had the clear right to live separately from the appellant by reason of the fact that he had already another wife living. if she had ..... urged before the civil judge that although the fact that the husband had another wife living, clothed the second wife with the right to live separately from her husband under section 187(2)(d) of the hindu adoptions and maintenance act, the second wife who commenced to live separately in the exercise of that right had nevertheless deserted her husband within the meaning of ..... the husband and would therefore constitute desertion.(7) this argument rests upon an altogether wrong interpretation of the explanation to section 10(1) of the hindu marriage act. the meaning of the first part of the explanation is that desertion is established only when there is absence of reasonable cause for separate residence and in addition the deserted spouse did not consent to such .....Tag this Judgment!
Court : Orissa
Decided on : Apr-25-1964
Reported in : AIR1964Ori274; 54ITR430(Orissa)
..... subject of course to the right of her minor unmarried daughter, hemlata to maintenance. hence, by virtue of section 14 of the hindu' succession act, the assessee became the full owner of the property though her minor, unmarried daughter's right of maintenance has been amply safeguarded by the provisions of the hindu adoptions and maintenance act 1956.5. the sole question of law that arises for decision now is ..... council in the ceylon case where there lordships referred specially to the existence of 'female members of the family whose members may increase having a right to maintenance out of the property and in some circumstances may be a charge for maintenance upon it.' but he could not cite any authority for the proposition that the mere existence of female members, entitled to ..... in the bengal immunity co. ltd. v. state of bihar, reported in : 2scr603 while construing certain words of a repealed statute when they are reproduced in a new statute:'it is a well settled rule of construction that when a statute is repealed and re-enacted and the words in the repealed statute are reproduced in the new statute they should ..... narasimham, c.j. 1. these two references were made by the appellate tribunal under section 27 of the wealth tax act, 1957, and the question for the opinion of this court has been formulated as follows:'whether in the facts and circumstances of the case, the status of the assessee has .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-1964
Reported in : AIR1967Mad77; 1967CriLJ205
..... that there has been no definition of the word 'child' nor is there limitation on the age of the child. minority is not specifically referred to, as found in the hindu adoption and maintenance act 1956 or marriage indicated as the upper limit in the case of a daughter. the omission of the age of the child in the ..... in character and arose from the very existence of their relation between the parties. since, under the hindu adoption and maintenance act of 1956 there is a special provision, sec. 20, providing for the maintenance of children and aged parents. under the section a legitimate or illegitimate child may claim maintenance from his or her father or mother as long as the child is a minor. by sub-clause ..... be understood in the sense in which they best harmonise with the subject of the enactment and the object which the legislature has in view. the meaning of a word, when doubtful, should not be sought for so much in a strictly grammatical or etymological propriety of the language nor in its popular meaning. but it must be sought for in ..... , blind, lame and impotent person, or other poor person not able to work, being of sufficient ability, should at their own charges relieve and maintain every such poor person in the manner therein mentioned.'by 31 and 32 vict. c. 122, section 37, any parent wilfully neglecting to provide adequate food, clothing, medical aid, or lodging for his child, begin in his .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-27-1964
Reported in : 1965CriLJ282; 1965MPLJ159
..... issue. in such proceedings, the court is not concerned with the respective rights of the husband and the wife as such under the hindu marriage act, 1956, or under the hindu adoptions and maintenance act. all that the court is concerned with is to see whether she was kept in wrongful confinement or wrongful detention. one thing is certain ..... applicable to the issue of a writ of habeas corpus apply in our country and that, if the courts did not have this power, the remedy under section 491 of the code of criminal procedure, would, in the case of infants, often be-come infructuous. see also the directions in venkataramaniah v. pappamah ..... by him against her will or he attempts to enforce his conjugal rights by keeping her in confinement or forcibly detaining her in his custody.7. when the wife is brought, before the court, and it finds that she has been wrongfully confined or detained, the only order it will pass is ..... the law disclaims the power to do so.whatever rights the husband may have, he cannot enforce them by physical confinement; he cannot seize his wife when she attempts to leave the consortium and lock her up. a wife is, therefore, entitled to a writ of habeas corpus against the husband if ..... with it, the custody of the girl was entrusted to ramsewak, her father, for a fortnight. the 7th october was fixed for further hearing.2. when the parties appeared on the 7th october, smt. sbantibai expressed a desire to go back to her parents instead of her husband. it appeared to us that .....Tag this Judgment!
Court : Chennai
Decided on : Jan-02-1964
Reported in : AIR1965Mad127
..... in the decision referred to above, was adopted by a full bench of this court in palaniswami gounder v. davanal ammal, : (1956)1mlj366 : ((s) air 1956 mad 337 where a question arose about the interpretation of the words 'if he marries again' in s. 2(4) of the hindu married women's (right to separate residence and maintenance) act, 1946. previous to that decision there was ..... interest has to be modified with reference to s. 13-a, whenever the case comes within it, can be held to be reasonably plain from the terms of that section itself.(27) again whenever a right is created by a statute, a remedy should exist under the law unless the statute itself has pointed out an exclusive remedy for working out the ..... though it does lead to an absurdity or manifest injustice. words may be modified or varied where their import is doubtful or obscure, but we assume the functions of legislators when we depart from the ordinary meaning of the precise words used, merely because we see, or fancy we see, an absurdity or manifest injustice from an adherence to their literal ..... scaling down the liability of the agriculturist debtor with reference to the original debt. in respect of debts incurred after 1-10-1932, but before 22-3-1938, (the date when the act came into force) the creditor was declared entitled to recover only interest at 5 per cent per annum or at the contract rate, whichever was less .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-14-1964
Reported in : AIR1966AP107
..... the widow's right to maintenance tinder the general hindu law was not taken away by (he hindu women's rights to property act, 1937 (no. xviii of 1937) and that the option would rest with her to claim maintenance, or a share, but not both.15. the said view has been adopted by this court in jetti ..... and that they cannot be partitioned. he relies on venkatasubbamma v. venkateswarlu air 1936 mad 429. that was a case of a suit for maintenance by hindu window whose husband died as an mi-divided member of the family. the family possessed some properties in addition to certain purohit service inam lands in ..... a suit by one of the joint office-holders (a co-owner) to partition the emoluments and recover possession of his share was not barred under section 21 of the madras hereditary village offices ad, 1s95 (iii of 1895). in the madras case died earlier, air 1936 mad 429 it was recognised ..... d. ws. 1 and 2 cannot be believed at all. in such state of evidence, it cannot be said that the widow had renounced her right of partition. her acceptance of maintenance, as already observed, would not per se deprive her ..... of the registration act, ought to have been registered and being unregistered it is inadmissible in evidence to prove any agreement affecting immovable property. besides, the evidence of d. ws. 1 and 2, apart from being replete with glaring discrepancies, does not appeal to reason. the lower court was right when it said that .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-20-1964
Reported in : AIR1965Kant290; AIR1965Mys290; ILR1964KAR1119; (1965)1MysLJ351
..... such possession, taking the word 'possession' in its widest connotation, when the act came into force, the section would not apply.''in our opinion, the view expressed above is the correct view as to how the words 'any property possessed by a female hindu' should be interpreted. in the present case if the adoption was invalid, the full owner of veerappa's estate was his ..... acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as limited owner.explanation :--in this sub-section 'property' includes both movable and immovable property 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 ..... , the learned advocate for the appellant, has challenged the judgment of the district judge on all the three grounds. firstly, he contended that the provisions of section 14 of the hindu succession act, 1956 (hereinafter called the act) made mathura bai the absolute owner of the suit property and that it was not competent for the plaintiff to claim the declaration sought for by him ..... might have acquired it 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 or not, etc.the words 'any property possessed by a female hindu' with which sub-section (1) of section 14 opens limit the benefit conferred on such female to property which was possessed by her .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-14-1964
Reported in : AIR1965AP66
..... acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner. explanation : - in this sub-section. 'property' includes both movable and immovable property 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 ..... she cannot contract any debts on the security of the said lands.' (2) this deed, ex. a. 8 came into existence in the following circumstances : a widow by name chellamma adopted the plaintiff sometime after her husband's death early in 1935. shortly thereafter, there were some disputes between the plaintiff and the widow chellamma, which were referred to some mediators ..... will read in the light of the relevant provisions of the hindu succession act of 1956.(3) the plaintiff denied the claim of the legatee to the properties on the ground that the provisions of the hindu succession act do not benefit a person in his position. however, having failed to obtain possession of the properties from ..... lands from that time.chellamma executed a will in 1955 under ex. b. 1 in favour of her nephew, but she died on the 20th august, 1956, i.e. , sometime after the hindu succession act of 1956 came into operation. it is because of this circumstance that the legatee under the will claimed a right to the properties in dispute as flowing from the .....Tag this Judgment!