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Judgment Search Results Home > Cases Phrase: perspective hindu Page 1 of about 49,617 results (0.087 seconds)

Oct 23 1979 (HC)

Mookammal Vs. Chitravadivammal and anr.

Court : Chennai

Reported in : AIR1980Mad243

..... member and a male member. in order to perpetuate that memorable intention of hindu families, parliament took that auspicious aspect also into consideration while codifying the hindu law. it is only in this perspective that section 23 of the hindu succession act 1956 has to be understood. the section runs thus"section 23. ..... which does not possess the characteristics of a dwelling house. in that view of the matter, therefore, the interdict contemplated in section 23 of the hindu succession act, would not apply to a case where the only male member in the presence of a female member, but without her consent, ..... half share the dwelling house it would no longer be a dwelling house, as mentioned in the special provision made under section 23 of the hindu succession act. eo instanti the male member as above parts with his one half share in the property, then the property as a whole ..... whether the property still retains the character of a dwelling house. in my preface i referred to the preservation of a dwelling house by ancient hindu families -which springs from sentiment and tradition.. in order to respect such sentiment, the statute has made a special provision for that purpose. but ..... where a hindu interstate has left surviving him or her both male and female heirs .....

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Sep 06 2000 (HC)

A.K. Laxmanagouda Vs. A.K. Jayaram and anr.

Court : Karnataka

Reported in : AIR2001Kant123

..... that sellathachi acquired the right to maintenance for the first lime under the instrument will. the division bench therefore, does not appear to have approached the problem in the correct perspective. in view of the settled legal position right from tulasamma's case, air 1977 sc 1944 (supra), the right acquired under the will is in recognition of the preexisting ..... (2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... effect to the relevant provisions consistent with the constitutional animation to remove gender-based discrimination in matters of marriage, succession etc. cognizant to these constitutional goals, hindu marriage act, hindu adoption and maintenance act, hindu sue cession act etc., have been brought on statute removing the impediments which stood in the way under the sastric law. explanation i to section 14(1 ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed .....

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Jan 30 1996 (SC)

C. Masilamani Mudaliar and Others Vs. the Idol of Sri Swaminathaswami ...

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)250; AIR1996SC1697; 1996(3)ALT18(SC); JT1996(3)SC98; 1996(2)SCALE864; (1996)8SCC525; [1996]1SCR1068

..... sellathachi acquired the right to maintenance for the first time under the instrument will. the division bench, therefore, does not appear to have approached the problem in the correct perspective. in view of the settled legal position right from tulasamma's case (supra) the right acquired under the will is in recognition of the pre-existing right to maintenance ..... 2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... effect to the relevant provisions consistent with the constitutional animation to remove gender-based discrimination in matters of marriage, succession etc. cognizant to these constitutional goals, hindu marriage act, hindu adoption and maintenance act, hindu succession act etc. have been brought on statute removing the impediments which stood in the way under the sastric law. explanation i to section 14(1) ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed .....

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Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... sellathachi acquired the right to maintenance for the first time under the instrument will. the division bench, therefore, does not appear to have approached the problem in the correct perspective. in view of the settled legal position right from tulasamma's case (supra) the right acquired under the will is in recognition of the preexisting right to maintenance known ..... 2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... effect to the relevant provisions consistent with the constitutional animation to remove gender-based discrimination in matters of marriage, succession etc. cognizant to these constitutional goals, hindu marriage act, hindu adoption and maintenance act, hindu succession act etc. have been brought on statute removing the impediments which stood in the way under the sastric law. explanation i to section 14(1) ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed .....

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Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... sellathachi acquired the right to maintenance for the first time under the instrument will. the division bench, therefore, does not appear to have approached the problem in the correct perspective. in view of the settled legal position right from tulasamma case the right acquired under the will is in recognition of the pre-existing right to maintenance known under the ..... 2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... effect to the relevant provisions consistent with the constitutional animation to remove gender-based discrimination in matters of marriage, succession etc. cognizant to these constitutional goals, hindu marriage act, hindu adoption and maintenance act, hindu succession act etc. have been brought on statute removing the impediments which stood in the way under the sastric law. explanation i to section 14(1) ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... sellathachi acquired the right to maintenance for the first time under the instrument will. the division bench, therefore, does not appear to have approached the problem in the correct perspective. in view of the settled legal position right from tulasamma's case (supra) the right acquired under the will is in recognition of the pre-existing right to maintenance ..... 2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... effect to the relevant provisions consistent with the constitutional animation to remove gender-based discrimination in matters of marriage, succession etc. cognizant to these constitutional goals, hindu marriage act, hindu adoption and maintenance act, hindu succession act etc. have been brought on statute removing the impediments which stood in the way under the sastric law. explanation i to section 14(1) ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed .....

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Jan 04 2002 (HC)

Vadrevu Lakshmana Rao Vs. Vadrevu Venkata Ramana Rao and ors.

Court : Andhra Pradesh

Reported in : 2002(3)ALD626; 2002(3)ALT462a

..... in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act ..... the subsequent documents to which she was admittedly a party and dealt with after the act came into force. therefore, the conduct of the hindu female was taken into consideration for determining the applicability of section 14(1) and section 14(2). the learned counsel for the appellant submits ..... the same has to upheld.16. in vaddeboyina tulasamma v. vaddeboyina sesha reddy, air 1977 sc 1944, the supreme court held that the hindu female acquired property under compromise in lieu of satisfaction of her right of maintenance, the compromise prescribing limited interest falls under section 14(1). ..... stated that smt. challayyamma had pre-existing right in the, properties even before the execution of the settlement deed. under the provisions of the hindu women's right to property act, 1937, the properties of vadrevu venkata narasimharao devolved upon smt. chellayyamma. by the time of passing act 30 ..... had come into force, it must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu .....

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Dec 17 1998 (HC)

Kaliammal Vs. S. Kannan

Court : Chennai

Reported in : (1999)2MLJ117

..... in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the ..... would operate. however, where the property is given to a female in lieu of preexisting right of maintenance, which existed under the shastric hindu law, the restrictions, if any, imposed against her right of enjoyment of properties would not operate and her restricted right would enlarge and blossom ..... married away) if she could not get sufficient provision from her deceased husband's family for her maintenance. bhattacharya also says that under the hindu law texts, widowed daughter are entitled to maintenance and justice, required that their right should be recognised. the argument that by marriage she ..... maintenance is a pre-existing right and once the property was given in recognition of her right of maintenance, the property held by a hindu female would enlarge into a full ownership, notwithstanding the restrictive covenants contained in the deed of partition. he also submitted that in any ..... act had come into force, it must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu .....

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Jul 29 1998 (HC)

Dommeti Lakshmi Vasundhara (Died) and Others Vs. State of A.P.

Court : Andhra Pradesh

Reported in : 1998(5)ALD243; 1998(5)ALT675

..... (2) of section 14 independently operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act had come into force, it ..... a hindu female appending an explanation with it.'after referring to various international covenants and the deliberations in the constituent assembly and also the united nations report of 1990, vienna declaration of ..... under article 13 if they violated fundamental rights. right to equality is a fundamental right. parliament, therefore, has enacted section 14 to remove pre-existing disabilities fastened on the hindu female limiting her right to property without full ownership thereof. the discrimination is sought to be remedied by section 14(1) enlarging the scope of acquisition of the property by ..... must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu female acquired or possessed the .....

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Jan 25 2006 (HC)

D.M. Venkataramanappa and ors. Vs. Chikkadaddappa and ors.

Court : Karnataka

Reported in : ILR2006KAR2596; 2007(1)KarLJ154

..... operates in its own sphere. the right to disposition of property by a hindu under section 30 is required to be understood in this perspective and if any attempt is made to put restriction upon the property possessed by a hindu female under an instrument, document or device, though executed after the act ..... be covered by sub-section (1) of section 14, the object of the legislature being to wipe out the disabilities from which a hindu female suffered in regard to ownership of property under the old sastric law, to abridge the stringent provisions against proprietary rights which were often regarded ..... 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 a ..... contended that the properties having been conferred on dodda akkayamma, she became an absolute owner of the property by virtue of section 14(1) of the hindu succession act, 1956 (hereinafter referred to as 'the act' for brevity) and since she lived, during her lifetime, with defendant no. 1, of ..... had come into force, it must be interpreted in the light of the facts and circumstances in each case and to construe whether hindu .....

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