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Judgment Search Results Home > Cases Phrase: legislation hindu Page 1 of about 56,804 results (0.048 seconds)

Sep 24 1957 (HC)

Onnamalai Ammal Vs. Seethapathi Reddiar

Court : Chennai

Reported in : AIR1961Mad90

..... rule in i.l.r. mad 1: (a.i.r. 1929 mad. 865), because the very object of the legislation, hindu women's rights to property act was to modify the ordinary rule of hindu law, by which a widow like the appellant before us would be excluded from taking any benefit in the properties of ..... to property act, the widow would be entitled to claim partition just like a male coparcener. this act was intended as a beneficent piece of legislation to give hindu women better rights in property. to construe the provisions of such an act, it would be proper to look to the previous state of the ..... in manjanatha v. narayana, i.l.r. mad 362, upheld the principle of equality of share in partitions among coparceners, governed by the mitakshara school of hindu law. he particularly drew our attention to the passage in the judgment of wallace j. in that decision wherein the learned judge mentions three points on which ..... in the properties left by arunachala, who was the last surviving coparcener of a joint family. she based her right under section 3(1) of the hindu women's rights to property act. in considering the question whether property held by the last surviving coparcener of a joint family could be called his separate ..... be deemed to have died intestate, his widow, the appellant would not be entitled to the properties in suit, by reason of the provisions of the hindu women's right to property act. a decision on this question may be unnecessary in this appeal, in view of our finding as to the genuineness of .....

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Feb 12 1993 (HC)

Smt. D. Neelima Vs. the Dean of P.G. Studies, A.P. Agricultural Univer ...

Court : Andhra Pradesh

Reported in : AIR1993AP229; 1993(1)ALT458

..... of her husband's family snapping all her parental ties, it needs to be borne in mind that earlier to the codification and bringing-in the legislation, hindu marriageact, 1955, hindu marriages were used to be governed by sastric law. hindu marriage was a religious sacrament and not a contract, and divorce was unknown to hindus. one of the essentialities for valid performance of ..... besides being a sapinda since she begets children through her husband, who are sapindas of their father. these principles hold good even after codification of hindu law inasmuch as nothing contra is enacted in the codified legislations. we, therefore, hold that on marriage a girl becomes a member of her husband's family and acquires his gotra and sapindaship, ceasing all ..... 341 and 342 of the constitution. the supreme court again in vasanth kumar v. state of karnataka, : air1985sc1495 held (at page 1499) :'the policy of reservations in employment, education and legislative institutions should be reviewed every five years or so. that will at once afford ah opportunity (i) to the state to rectify distortions arising out of particular facets of the ..... the reservations made under art. 15(4).36. we have extracted clause (4) of article 15(4) supra. before analysing and interpreting the same, it is relevant to note the legislative history that warranted its introduction into the constitution. in the year 1927 the tamil nadu government issued a g.o., popularly known as 'communal g.o.' making reservations for various .....

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Oct 21 1960 (HC)

Shyamsundar Panda Vs. Shantamani Debi

Court : Orissa

Reported in : AIR1962Ori50

..... this decree the present first appeal has been brought. 3. we may make it clear at the outset that in the meantime there has been a legislation (hindu adoptions and maintenance act, (no. 78 of 1956)) which provides in section 18 that if the husband has any other wife living, the wife on ..... permitted to take second marriage and there is nothing illegal in it and it creates no liability. but nevertheless the position is absolutely clear that the hindu wife would be entitled to separate maintenance and residence if she makes out a case of cruelty and desertion. the position is equally convincing that ..... had taken place prior to the coming into force of the act; the main reasoning being that before the act came into force, under the hindu law the husband was entitled to take a second marriage and he had no liability for maintaining the wife, simply because he had taken the ..... any custom or law to the contrary, the hindu married woman shall be entitled to separate residence and maintenance from her husband on one or more of the arounds. as i have indicated above, the ..... came into force. in this connection, it was argued before the court below and it was also argued before us regarding the retrospective character of the hindu married women's right to separate maintenance and residence act, 1940. section 2, clause (iv) makes provisions that if the husband marries again, notwithstanding .....

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Mar 23 1961 (HC)

L. Jugal Kishore Vs. Wealth Tax Officer Special Circle, 'C' Ward Kanpu ...

Court : Allahabad

Reported in : AIR1961All487; [1962]44ITR94(All)

..... express mention being made of such families in the wealth tax act. but the entry which sets out this particular field of legislation does not expressly mention a hindu undivided family. i would not speculate as to the reason or reasons for this omission but there is nothing to warrant an ..... schedule. the petitioner's case is that to the extent the union parliament has provided for the levy of wealth tax on hindu undivided families as units the legislation is beyond its power and this contention is supported with reference to the language of entry no. 86 in list 1 of ..... availed of in this case and that the ambit of entry 86 in list 1 cannot be increased so as to enable legislation relating to a tax on capital values of hindu undivided families. 6. it was contended that by framing entry no. 86 of list 1 in the language in which ..... of the petitioners it has been contended that the word 'individuals' cannot in 'its ordinary meaning comprehend a hindu undivided family, and in any case considering the legislative history in taxation matters a hindu undivided family has always been treated to be a separate unit from an individual and consequently the same cannot ..... no. 86 incorporated words of limitation expressly placing a restriction upon the competence of the union parliament to enact any legislation imposing a tax on capital value on the assets of hindu undivided families, and that limitation cannot be ignored when considering the residuary powers contained in article 248 and the residuary .....

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Nov 06 1980 (HC)

T.A. Lakshmi Narasamba Vs. T. Sundaramma and ors.

Court : Andhra Pradesh

Reported in : AIR1981AP88

..... -law is regarded as an 'abhashya poshya' i.e., one who ought to be maintained. it was summed up that it appeared from the whole context of books that the hindu legislators provided for the subsistence of the dependant members of a family, especially widowed daughters-in-law, whose condition is peculiarly helpless. it was also submitted that the right of a ..... obligation as manu positively declares.' 60. jeemutavahana's commentary shows that the distinction between a moral and legal obligation was never contemplated by the early hindu sages and legislators. religion forms an essential ingredient in the constitution of hindu society, and legal religious or moral precepts are inseparably blended so that moral precepts are to be regarded as equivalent to legal sanctions. the ..... consisting of seven judges. 23. one of the points raised in the letters patent was that the distinction between a moral and legal obligation was never contemplated by the early hindu sages and legislators, and proof appears in jimutavahana's commentary on the dayabhaga. 24. it was next submitted that religion forms an essential ingredient in the constitution of ..... a reference to all the sections of chapter iii of the act read together is also calculated to promote and effectuate the cardinal legislative idea or purpose to end or at least to remedy the evil of neglect of hindu women by their husbands and after their husbands' death by those who may succeed to or inherit their husbands' estate. the learned .....

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Jul 15 2015 (HC)

Samela and Ors Vs. State and Ors

Court : Rajasthan - Jodhpur

..... in our opinion the following passage in that judgment at p. 593 16 explains the whole position correctly: it should thus appear that the legislative intent clearly is that in order to claim a cultivation as a personal cultivation there must be established a direct nexus between the person who ..... as maintenance grants made in favour of near relations and dependents would not be covered by it. article 31a of the constitution of india saved legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, and ..... as it finally emerged in the covenant entered into by the 14 rulers on 30th march, 1949. the authority of the rajpramukh to enact the legislation was founded on this covenant to unite and integrate their territories in one state with a common executive, legislature and judiciary by the name of ..... with tenants, could not be held by hindu idol (deity) as khatedari 24 lands.23. it is wholly irrelevant as to whether the hindu idol (deity) is a perpetual minor and whether it held jagir lands. the principles of hindu law and all the special legislations of hindu endowment are not applicable to the rights ..... of tenancy, which were to be governed by the jagirs act of 1952, as the land was held of jagir and the rajasthan tenancy act, 1955. the judgments of learned single judges of this court accepting the hindu .....

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Jul 15 2015 (HC)

Shri Shanti Nath Ji Sthan Deh Vs. the State of Raj. and Ors

Court : Rajasthan - Jodhpur

..... in our opinion the following passage in that judgment at p. 593 16 explains the whole position correctly: it should thus appear that the legislative intent clearly is that in order to claim a cultivation as a personal cultivation there must be established a direct nexus between the person who ..... as maintenance grants made in favour of near relations and dependents would not be covered by it. article 31a of the constitution of india saved legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, and ..... as it finally emerged in the covenant entered into by the 14 rulers on 30th march, 1949. the authority of the rajpramukh to enact the legislation was founded on this covenant to unite and integrate their territories in one state with a common executive, legislature and judiciary by the name of ..... with tenants, could not be held by hindu idol (deity) as khatedari 24 lands.23. it is wholly irrelevant as to whether the hindu idol (deity) is a perpetual minor and whether it held jagir lands. the principles of hindu law and all the special legislations of hindu endowment are not applicable to the rights ..... of tenancy, which were to be governed by the jagirs act of 1952, as the land was held of jagir and the rajasthan tenancy act, 1955. the judgments of learned single judges of this court accepting the hindu .....

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Jul 15 2015 (HC)

Ram Narain and Ors Vs. State of Raj. and Ors

Court : Rajasthan - Jodhpur

..... in our opinion the following passage in that judgment at p. 593 16 explains the whole position correctly: it should thus appear that the legislative intent clearly is that in order to claim a cultivation as a personal cultivation there must be established a direct nexus between the person who ..... as maintenance grants made in favour of near relations and dependents would not be covered by it. article 31a of the constitution of india saved legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, and ..... as it finally emerged in the covenant entered into by the 14 rulers on 30th march, 1949. the authority of the rajpramukh to enact the legislation was founded on this covenant to unite and integrate their territories in one state with a common executive, legislature and judiciary by the name of ..... with tenants, could not be held by hindu idol (deity) as khatedari 24 lands.23. it is wholly irrelevant as to whether the hindu idol (deity) is a perpetual minor and whether it held jagir lands. the principles of hindu law and all the special legislations of hindu endowment are not applicable to the rights ..... of tenancy, which were to be governed by the jagirs act of 1952, as the land was held of jagir and the rajasthan tenancy act, 1955. the judgments of learned single judges of this court accepting the hindu .....

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Jul 15 2015 (HC)

Ram Karan and Ors Vs. State of Raj. and Ors

Court : Rajasthan - Jodhpur

..... in our opinion the following passage in that judgment at p. 593 16 explains the whole position correctly: it should thus appear that the legislative intent clearly is that in order to claim a cultivation as a personal cultivation there must be established a direct nexus between the person who ..... as maintenance grants made in favour of near relations and dependents would not be covered by it. article 31a of the constitution of india saved legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, and ..... as it finally emerged in the covenant entered into by the 14 rulers on 30th march, 1949. the authority of the rajpramukh to enact the legislation was founded on this covenant to unite and integrate their territories in one state with a common executive, legislature and judiciary by the name of ..... with tenants, could not be held by hindu idol (deity) as khatedari 24 lands.23. it is wholly irrelevant as to whether the hindu idol (deity) is a perpetual minor and whether it held jagir lands. the principles of hindu law and all the special legislations of hindu endowment are not applicable to the rights ..... of tenancy, which were to be governed by the jagirs act of 1952, as the land was held of jagir and the rajasthan tenancy act, 1955. the judgments of learned single judges of this court accepting the hindu .....

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Jul 15 2015 (HC)

Thandi and Anr Vs. Board of Revenue, Ajmer and Ors

Court : Rajasthan - Jodhpur

..... in our opinion the following passage in that judgment at p. 593 16 explains the whole position correctly: it should thus appear that the legislative intent clearly is that in order to claim a cultivation as a personal cultivation there must be established a direct nexus between the person who ..... as maintenance grants made in favour of near relations and dependents would not be covered by it. article 31a of the constitution of india saved legislation which was directed to the abolition of intermediaries so as to establish direct relationship between the state and the tillers of the soil, and ..... as it finally emerged in the covenant entered into by the 14 rulers on 30th march, 1949. the authority of the rajpramukh to enact the legislation was founded on this covenant to unite and integrate their territories in one state with a common executive, legislature and judiciary by the name of ..... with tenants, could not be held by hindu idol (deity) as khatedari 24 lands.23. it is wholly irrelevant as to whether the hindu idol (deity) is a perpetual minor and whether it held jagir lands. the principles of hindu law and all the special legislations of hindu endowment are not applicable to the rights ..... of tenancy, which were to be governed by the jagirs act of 1952, as the land was held of jagir and the rajasthan tenancy act, 1955. the judgments of learned single judges of this court accepting the hindu .....

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