Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... to forward castes or upper castes like brahmins, kshatriyas and vysyas. therefore, the constitution makers thought of providing a special provision for advancement of such hindu backward castes, which historically suffered by reason of their forced backwardness. when article 10(3) of the draft constitution was enacted as article 16(4) what was intended was ..... declaration and recognition and judicial affirmation too, that there are classes and groups within the muslim collective, is thus an established fact.59. the hindu collective was long recognized in historical social and anthropological studies, dictionaries and in recorded history, in census reports, in the constituent assembly debates and in a succession of judgments of ..... these distinctions, based predominantly on the caste divisions have therefore legitimized caste-based identification of backward classes in the hindu community. long, historically established and finding mention in the constituent assembly debates, the caste insularities of the hindu collective have justified classifications on caste basis. the judicial branch has approved such classification, though facially the bases ..... is backward socially, would be a backward class for the purposes of article 16(4), held that in respect of non-hindu communities, there are several occupational groups, sects and denominations which for historical reasons are socially backward. they too represent backward social collectives for the purposes of article 16(4). (mandal -para-796- .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom156; 1983(1)BomCR632; (1983)85BOMLR398
..... probably intended to leave it or later otherwise by attributing meanings to the words employed by the legislative so that it should bear an interpretation in conformity with the earlier historical view. section bank of england v. vagliano brothers, 1891 a. c. 107: narendrasingh v. kamalbasani, ilr(1896) cal 563 : smt. rohini kumari v. narendrasingh : 2scr657 and ..... of the enactment and the purposes for which same is made. provisions of the hindu succession act along with the companion act have the historical background arising out of the system of personal law governing hindu community. this codification of some of the branches of hindu law was undertaken after the independence so as to confer much needed uniformity and statutory ..... over ages by the tradition, customs, sastras and the judicial interpretation thereof. the personal law of hindu or that body of law that goes under the term 'hindu law' is one of the most ancient known system of jurisprudence. primarily, ..... stability to otherwise fluid state of law. legislation was not embarked upon any virgin filed but was undertaken to given shape and form the sanctioning legislative principle in that regard. historically, that system of law was determined .....Tag this Judgment!
Court : Delhi
Reported in : 48(1992)DLT433
..... to him the term originally had a territorial and not a credal significance. thereforee, it implied residence in a well-defined geographical area. thus from historical and etyomological point of view, a person can have a hindu root and yet may profess any other religion. (9) the supreme court in sastri yagnapurushadji and others v. muldas bhudardas vaishya and an other, ..... : 3scr242 , dealing with the genesis of the word 'hindu' observed as follows: 'the historical and etymological genesis of the word 'hindu' has given rise to a controversy amongst indologists; but the view generally accepted by scholars appears to be that the word ..... was whether a son begotten from the marriage between a hindu male and a christian female of the austrian descent was a 'hindu' governed by hindu law. while holding that the off spring was a hindu and governed by hindu law, the court observed as follows: 11.the historical and etyomological genesis of the word 'hindu' has been succinctly explained by gajendragadkar, c.j. in ..... or put in a strait-jacket by limited and finite statements. at the most one can give etyomological and historical significance of the word and the basic concept associated with it. what ever may be the general understanding actually the word 'hindu' is associated with the river sindhu and is the conniption of the latter word.. in the bygone centuries, .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1941Cal272
..... deb ('69) 2 beng lroc 11. markby j. impressed with the peculiarity of origin of trusts in england appeared to take the view that as similar historical conditions did not prevail in india, there could be no such thing as an 'english' trust in india. the matter came to be considered in ..... 26. the context and the next sentence shows that this was stated only to emphasize the point that irrespective of these historical anomalies, trusts were recognized by hindu law.it is obvious that property whether moveable or immovable must be vested more or less absolutely in some person or persons ..... macpherson j. should be especially referred to) it was then held that whatever the hindu law might have been, trusts in the english sense, though not with the english historical paraphernalia, had be-come an integral part of the hindu system as administered by these courts, and since that date although the matter is ..... pure and simple knows nothing of trusts.' again i consider the meaning to be that this notional original hindu law was not concerned with estates such as came to be developed owing to historical reasons in england. there is a significant passage in a case which i shall refer to in connexion with ..... partial debutter (which i have not by me) to this effect, that in comparison with english lawyers, the hindu jurist, equally acute, was little interested .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(1)KarLJ1
..... common knowledge, that hinduism embraces within self so many diverse forms of beliefs, faiths, practices and worship that it is difficult to define the term 'hindu' with precision.the historical and etymological genesis of the word 'hindu' has been succinctly explained by gajendragadkar, c.j in shastri yagnapurushdasji v. nuldas bhudardas vaishya : 3scr242 .in unabridged edition of webster's ..... fundamental right of religious freedoms of religious and linguistic minorities.india is a world in miniature. the group of articles 25 to 30 of the constitution, as the historical background of the partition of india shows was only to give a guarantee of security to the identified minorities and thus to maintain the unity and integrity of ..... state to territories, which were within that state but which have become a part of another state, is not discriminatory since the classification rests on geographical, consideration founded on historical reasons.the supreme court in this very judgment in para 29 noticed the legal maxims 'cassata ratione legis cessat ipsa lex' that is to say, 'reason is the ..... 'religious purpose' has bean defined under section 2(24).chapter ii deals with appointment of commissioner, deputy commissioner etc. an ias officer is to be the commissioner for hindu religious institutions and charitable endowments. there would be deputy commissioner and there would be assistant commissioner for implementing the act. chapter ii provides for subordinate officers and delegation of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC1113; JT1995(8)SC609; 1995(7)SCALE1; (1996)1SCC130; Supp6SCR371
..... common knowledge, that hinduism embraces within self so many diverse forms of beliefs, faiths, practices and worship that it is difficult to define the term 'hindu' with precision.the historical and etymological genesis of the word 'hindu' has been succinctly explained by gajendragadkar, c. j. in shastri yagnapurushdasji v. muldas bhudardas vaishya : 3scr242 .in unabridged edition of webster' ..... to suppress because that seems to us to be the most illuminating and certain way of correctly construing these statutory provisions. we cannot do so without adverting to the historical, political, and constitutional background of our democratic set up, such provisions are necessary in our opinion, to sustain the spirit or climate in which the electoral machinery ..... bhudardas vaishya : 3scr242 held thuswho are hindus and what are the broad features of hindu religion, that must be the first part of our enquiry in dealing with the present controversy between the parties. the historical and etymological genesis of the word 'hindu' has given rise to a controversy amongst indologists; but the view generally accepted by scholars ..... appears to be that the word 'hindu' is derived from the river sindhu otherwise known as indus which flows from the punjab .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 104ITR436(SC); (1976)4SCC489; SuppSCR478; 1976(8)LC668(SC)
..... to define the term 'hindu' with precision.11. the historical and etymological genesis of the word 'hindu' has been succinctly explained by gajendragadkar, c.j. in shastri yagna-purushdasji and ors. v. muldas bhundardas vaishya and anr. : 3scr242 ..... -shara law acquire an interest therein by birth.10. the sole question which, however, falls for our consideration in these appeals is whether nicolas sundaran is a hindu governed by hindu law. it is a matter of common knowledge that hinduism embraces within itself so many diverse forms of beliefs, faiths, practices and worship that it is difficult ..... diverse, conglomerate, of doctrines, cults, and way of fire .... in principle, hinduism incorporates all forms of belief and worship without necessitating the selections or elimination of any. the hindu, is inclined to revere, the divine in every manifestation, whatever it may be, and is doctrinally tolerant, leaving others--including both hindus and non-hindus--whatever creed and, worship ..... appellants and respondents have repeated before us the contentions respectively advanced on behalf of the parties before the high court.9. it cannot be disputed that a joint hindu family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. it cannot also be disputed that property obtained by sridharan .....Tag this Judgment!
Court : Kerala
Reported in : AIR1991Ker25
..... .18. for and against the proposition several texts were referred to. in yagnapurushadji v. muldas, air 1966 sc 1119, gajendragadkar, c.j. examined the broad features of hindu religion, after tracing the historical and etymological genesis of the word 'hindu' to river sindhu otherwise known indus, his lordship observed (at p. 1128 of air):'when we think of the ..... to say that such a committee constituted with members belonging to the aforementioned types of philosophical or political persuasion represents the religious denomination consisting of the section of the hindu public having faith in temple worship.'the full bench proceeded to say that the purpose of ensuring efficient and proper administration of the devaswom would be better served ..... and pose a real and grave danger to the smooth administration of the religious institution.'therefore the full bench dismissed the original petition challenging the constitutional validity of travancore-cochin hindu religious institutions (amendment) ordinance, 1984.15. on the facts of that case, it may be stated that the full bench considered only the validity of the amendment ..... hindu religion, we find it difficult, if not impossible, to define hindu religion or even adequately describe it. unlike other religions in the world, the hindu religion does not claim any one .....Tag this Judgment!
Court : Chennai
Reported in : (2009)8MLJ1503
..... 2/12/09 88 arulmozhi 100/------------------------------------------------------------------------------------total 15881/------------------------------------------------------------------------------------70. that apart, the executive officer having seen the importance of renovating the old beauty of antiquity, architectural and historical value of the temple, in consultation with the joint commissioner, h.r & c.e., department has submitted a proposal for grant of rs. 50,00,00 ..... installed, is one among the 108 divyadesam. historical records also reveal that in praise of lord govindaraja perumal, two great saints namely kulasekara azhwar and thirumangai azhwar have visited these ancient temple and also sung ..... separate religious rituals and practice of religious functions and both the places of worship are open to public, the temple is a public temple. an another historical fact to be born in mind is, out of 108 holy places of vaishnavite namely 'dhivyadesam', sri sabhanayagar temple at chidambaram where lord govindaraja perumal is ..... executive officer, this court would be failing in its duty to safeguard and preserve the ancient and historical values and importance of the temple, with the result, the grand old ancient temple standing as a testimony of hindu culture and civilization to the world, would be reduced down to the ground. consequently, the podhu .....Tag this Judgment!
Court : Mumbai
Reported in : (1941)43BOMLR777
..... 1814, think that there is little to support a contrary view. the river bank at benares is a sacred and historic spot with a powerful claim to the regard of a pious hindu: but the practice of bathing in the ganges is not in general so directly connected with the worship of a ..... question which suggests itself is whether the plaintiff's father, in building these temples, this antorjoli room, and this ghat, intended to give to the hindu community a right of easement over the soil, or intended to transfer the ownership of the buildings as well as the ownership of the soil to such ..... to notice, 'where the owner retained the property in himself but granted the community or part of the community an easement over it for certain specified purposes' (hindu law and usage, 6th edn., 1900, section 438, p. 567). in jaggamoni dasi v. nilmoni ghosal i.l.r. (1882) cal. 75 the plaintiff ..... but it cannot from this consideration be at once concluded that in any particular case there has been a dedication in the full sense of the hindu law which involves the complete cessation of ownership on the part of the founder and the vesting of the property in the religious institution or object ..... upon the banks. the efficacy of its waters to wash away every form of sin and pollution is widely accepted doctrine among the orthodox and brings the hindu pilgrim in large numbers seeking to acquire religious merit and advantage. according to evidence given in the present case 'mankarnika, dasaswamedh, panch ganga, assi .....Tag this Judgment!