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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Sorted by: old Court: chennai Page 1 of about 301 results (0.078 seconds)

Nov 28 1917 (PC)

Amba Alias Padmavati Vs. Shrinivasa Kamathi

Court : Chennai

Reported in : AIR1918Mad194; 44Ind.Cas.483

..... it is not disputed that these documents cannot be given in evidence or enforced, if they are not registered. then firstly, the original registration proceedings initiated by krishnan were abortive, since an order was passed for the return of the documents unregistered and this cannot be affected by the actual failure ..... , that relating to krishnan's subsequent conduct and dispositions. the latter must, of course, be considered without reference to the formal objections to their validity and, as they are relied on, only as evidence of his liability to succumb to any temporary influence and of the intention as to his ..... whether or no the subsequent presentation and registration were regular. i should, moreover, be ready to hold that they were invalid, because under section 32, registration act, the documents could be presented only by plaintiff's representative or assign; and 7th p. w., who presented them, was not her assign, or her ..... whose benefit the gift was made, what independent and competent advice he had and whether the persons advising him knew of the influence he was acting under, these are some of the circumstances which have to be borne in mind in ascertaining whether the transaction is vitiated on the ground of ..... voluntary act of krishna kampti's mind, no legal objection can be taken to it merely on the ground that it was such as would not be expected from a man of ordinary prudence. an owner of property is entitled to dispose of it as he pleases and the validity of his .....

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Apr 29 1920 (PC)

Sri Vadrevu Ranganayakamma Garu (Dead) and anr. Vs. Ryali Somasundara ...

Court : Chennai

Reported in : 59Ind.Cas.609

..... of lineal primogeniture in reference to the estate which his father had succeeded in establishing in the earliest litigation, especially when the family arrangement itself proceeded in accordance with the pre-existing custom. their lordships of the privy council in the suit of 1873 advert to the decision of the provincial ..... invalid. in that case, the adoption itself was held to be true, though made without the authority of the husband. the decision in that case proceeded on the general law as laid down in narasammal v. balaramacharlu 1 m.h.c.r. 420 and jivani bhai v. javu bhai 2 m.h ..... it is also true that in the 9 madras case their lordships did not confine the scope of their enquiry to the tamil districts alone, but proceeded on broader lines; but it does not appear that their lordships intended to find the existence of the specific custom among brahmins of the andhra ..... a more remote reversioner such as the present plaintiff, was obligatory or whether heirship, apart from spiritual responsibility, was material. he, in any case, proceeded to hold with reference to the interpretation placed on the text of yagnavalkya by the viramitrodaya that the guardianship of the widow did not vest in the ..... as to the validity of customs differing from the general hindu law, when practised by persons who admit that they are subject to that law. according to the view of customary law taken by mr. austin, a custom can never be considered binding until it has become a law by some act, legislative or .....

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Mar 02 1923 (PC)

Kondal Rayal Reddiar Vs. Ranganayaki Ammal Alias Amirthammal

Court : Chennai

Reported in : (1923)45MLJ186

..... he was really anxious to have his wife back, he could very well have gone to her and offered to treat her properly. when the maintenance proceedings were before the sub-divisional magistrate, he suggested that the parties should settle the matter out of court and the plaintiff in order to make out ..... issue the plaintiff married a second wife about 1913, that the 1st defendant continued in her husband's house for about five years after the second marrige and has left the husband's protection. she filed a petition for maintenance on 14th november, 1918 before the sub-divisional magistrate of tindivanam and he ..... ecclesiastical law of england is not the law of this country and monogamy, so far as the husband is concerned, is not the rule of hindu law. the hindu law does not recognise any divorce. it permits a husband to have as many wives as he likes. the husband in this case had ..... was obliged to confess 'my only duty is to say whether the appellant's contention is conformable to the principles on which the ecclesiastical courts formerly acted and gave relief. i am constrained to say that in my opinion it is not.'7. considering the rigour of the ecclesiastical law the legislature ..... even now does not recognise divorce. the anglican church though it allows divorce is still leaning towards strict monogamy. it was only under the matrimonial causes act 20 and 21 vict. chap. 85 that the king's courts were given jurisdiction to entertain matrimonial causes and by section 22 they were directed to .....

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Mar 02 1923 (PC)

Kondal Rayar Reddiar Vs. Ranganayaki Ammal Alias Amirthammal

Court : Chennai

Reported in : 74Ind.Cas.166

..... he was really anxious to have his wife back, he could very well have gone to her and offered to treat her properly. when the maintenance proceedings were before the sub-divisional magistrate, he suggested that the parties should settle the matter out of court and the plaintiff, in order to make out ..... ecclesiastical law of england is not the law of this country and monogamy, so far as the husband is concerned, is not the rule of hindu law. the hindu law does not recognise any divorce. it permits a husband to have as many wives as he likes. the husband in this case had no ..... was obliged to confess: 'my only duty is to say whether the appellant's contention is conformable to the principles on which the ecclesiastical courts formerly acted and gave relief. i am constrained to say that in my opinion it is not.7. considering the rigour of the ecclesiastical law, the legislature ..... to force his wife under pain of imprisonment to resume cohabitation. one would think that the court might well refuse to afford its assistance to one who acted thus. and, notwithstanding the decision to which i have referred, there are not wanting aid of eminent judges, and notably, of lord stowell that ..... even now does not recognise divorce. the anglican church though it allows divorce is still leaning towards strict monogamy. it was only under the matrimonial causes act (20 and 21 vict. chap, 85) that the king's courts were given jurisdiction to entertain matrimonial causes and by section 23 they were directed .....

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Mar 02 1923 (PC)

Kondal Rayal Reddiar Vs. Ranganayaki Ammal

Court : Chennai

Reported in : AIR1924Mad49

..... was really anxious to have his wife back, he could very well have gone to her and offered to treat her properly. when the maintenance proceedings were before the sub-divisional magistrate, he suggested that the parties should settle the matter out of court and the plaintiff in order to make out ..... to believe that domestic relations in the moffusil and in the country places are as described by mr. krishnaswamy aiyar. no doubt some times the hindu society overlooks personal violence to the wife by the husband, but when a court's intervention is asked for, the court should not be guided ..... obliged to confess. 'my only duty is to say whether the appellant's contention is conformable to the principles on which the ecclesiastical courts formerly acted and gave relief. i am constrained to say that in my opinion it is not.'7. considering the rigour of the ecclesiastical law the legislature ..... force his wife under pain of imprisonment to resume cohabitation. one would think that the court may well refuse to afford its assistance to one who acted thus, and notwithstanding the decision to which i have referred there are not wanting dicta of eminent judges, and notably, of lord stowell, that ..... now does not recognise divorce. the anglican church though it allows divorce is still leaning towards strict monogamy. it was only under the matrimonial causes act 20 and 21 vict. chap. 85 that the king's courts were given jurisdiction to entertain matrimonial causes and by section 22 they were directed .....

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Aug 18 1932 (PC)

M. Chengayya Pantulu, Commissioner, Representing the Board of Commissi ...

Court : Chennai

Reported in : AIR1933Mad57; 140Ind.Cas.769; (1932)63MLJ780

..... under the religious endowments act, which had been enacted while the proceedings against the petitioner were pending, whatever may have been the inherent fault of schemes passed before the act they had all been cured and validated by section 71 of the act of 1925, corresponding to section 75 of the act of 1927., the true answer to this, i ..... subordinate judge in that application removed the petitioner, trustee. the trustee brought up the matter to this court and submitted that the ' liberty to apply' clause in pursuance of which proceedings had originated against him was itself ultra vires and his dismissal was therefore illegal. with this argument the learned judge concurred. it was then argued for the other side that ..... on the 3rd january, 1927, when the first act was still in force. they were ..... krishnan pandalai, j.1. these petitions by the hindu religious endowments board arise from applications under section 53, clause (4) of act i of 1925, the first hindu religious endowments act which was afterwards repealed by act ii of 1927. the applications were severally for the modification of schemes which had been settled in respect of three temples by the civil courts and were made .....

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Dec 17 1940 (PC)

Venkateswara Sarma, Styled Gnanasivacharia Swamigal, Matathipathi and ...

Court : Chennai

Reported in : (1941)1MLJ644

..... great interest which has been parted with:25. the manager like a hindu widow, has power to act for his lifetime or during the period in which he holds the office; but the effect of his act beyond that period would depend on the validity of the necessity for the alienation in the interest of the math ..... authoritative pronouncement regarding the precise scope of the article, must less on its applicability to the peculiar facts which are there present. the argument at the bar proceeded therefore, mostly on general principles. it is to be observed at once, that general principles rarely, if ever, occasion anxiety to courts, but it is ..... with great respect to share the view that such a salutary principle is necessarily to be excluded, for no other reason than that the legislature has proceeded a step further and described the cause of action with some definiteness and particularity. where an omnibus article intended to apply to a variety of suits, ..... the deity or the institution as the formal party on the record: jodhi rai v. basdeo prasad , nagappa v. zamindar of sivaganga : air1940mad532 , in proceedings in court. but the form is not to be mistaken for or confused with the substance. the substance of it is that the juridical possession is in the ..... das v. naurangi lal (1933) 64 m.l.j. 505 : l.r. 60 indap 124 : i.l.r. 12 pat. 251 as having proceeded on the footing that in them unlike in the case before their lordships, as in the case before us-the impugned alienation was void ab initio as it .....

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Oct 26 1949 (PC)

Venkatarama Ayyangar Vs. Thulasi Ammal

Court : Chennai

Reported in : AIR1950Mad320

..... lives in the same house as the minor girl and about a year or more ago the petitioner had to obtain an order under the child marriage restraint act to stop the marriage which the respondent was arranging to solemnise between the minor and his son.' after all, even assuming that a minor has a will of ..... guardian when asked to do so by the latter amounts in effect to a removal from his custody and be can therefore apply under section 25 of the act.4. it is lastly argued that although the welfare of the child is the paramount factor for the consideration of the court as made clear by section 25 ..... jure guardian not proved at one time to have had the physical care or custody of the girl, is not entitled to apply under section 25 of the act complaining of removal and asking for return of the ward to the applicant's custody. there again the same ruling is in point and adverse to the ..... 1. this appeal arises out of a petition by the mother of the minor, aged about 13 her natural guardian, under section 25 of the guardians and wards act for recovery of her custody from her paternal aunt's husband. the petitioner succeeded in the court below.2. it is argued for the appellant that the mother ..... does not satisfy the definition of 'guardian' in section 4, sub-section (2), guardians and wards act and that her petition under section 25 of the act is not therefore maintainable. the point made is that she is not a person in truth and in fact having the care of the .....

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Feb 12 1952 (HC)

M.K. Ranganathan and ors. Vs. the Madras Electric Tramways (1904) Ltd. ...

Court : Chennai

Reported in : AIR1952Mad659; (1952)ILLJ772Mad; (1952)2MLJ805

..... it may refer it to an industrial tribunal for adjudication. the legislation substitutes for free bargaining between the parties a binding award by an impartial tribunal.'later on they proceed to say: 'any dispute connected with employment or non-employment would ordinarily cover all matters that require settlement between workmen and employers, whether those matters concern the ..... , therefore, clear that the industrial disputes act substitutes for free bargaining between the parties a binding award by an impartial tribunal. the tribunal is not bound bycontractual terms between the parties butcould make a suitable ..... s power of reinstatement is discretionary in nature, to be exercised in thelight of all the circumstances of each case inthe manner best calculated to effectuate thepolicies of the act. in the exercise of thatdiscretionary power, the board considers theprobable effect of the restoration of the working relationship upon future relations betweenthe employer and the employees.'it is ..... . the arrested persons were produced before the presidency magistrate. the magistrate found all the 51 persons guilty under sections 71(16) and 75 of the city police act and sentenced them to one month's rigorous imprisonment under each count with the direction that the sentences should run concurrently. the magistrate held that they behaved in .....

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Sep 07 1955 (HC)

Puthiya Purayil Abdurahiman, Karnavan and Manager of the Tavazhi Tarwa ...

Court : Chennai

Reported in : (1956)1MLJ119

..... cal. 464, it was held by a division bench of the calcutta high court that section 2 had no application to the provisions of the mussalman wakf validating act, 1913. they refused to accept the contention that that section had restored in its complete form the mussalman law of wakf. the learned judges said:before ..... to understand the implication of that repeal, it is necessary to extract section 16 of the madras civil courts act. it runs thus:16. where, in any suit or proceeding, it is necessary for any court under this act to decide any question regarding succession, inheritance, marriage, or caste, or any religious usage or institution,(a ..... the property is owned by the tarwad as a composite entity, the members of which fluctuate, i.e., the members increase or decrease. in a hindu mitakshara joint family at least a junior coparcener in madras can alienate his undivided share, though he cannot make it the subject of a testamentary disposition. ..... ) the muhammadan law in cases where the parties are muhammadans and the hindu law in cases where the parties are hindus, ..... cannot agree to this statement of the law for reasons already given.16. in the above view, no question of the constitutional validity of madras act xviii of 1949 can arise. our answer to the reference is that the said .....

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