Court : Supreme Court of India
Reported in : AIR1991SC1581; II(1991)DMC143SC; JT1991(2)SC385; 1991(1)SCALE852; (1991)3SCC410; 2SCR599; 1991(2)LC230(SC)
..... that, 'to obviate hair splitting, the legislature has made it abundantly clear that whatever be the property possessed by a hindu female, it will be of absolute ownership and not of limited ownership notwithstanding the position under the traditional hindu law', and it was submitted that the appellant satisfied the criteria to entitle her to claim that her estate irrespective of ..... its nature under hindu law got enlarged under section 14 of the act. an observation without reference to facts discloses neither ..... irrespective of whether she was a limited owner or not. according to learned counsel for appellant the answer should be given in affirmative. he urged that since the age long traditional limitation on inheritance and disposition by a female was removed and the section was widely worded by using broad and comprehensive expressions such as, 'any property, 'possessed', 'acquired ..... the calcutta high court, specifically, dissented from the delhi decision and held that, 'section 14 wanted to benefit those female hindus who were limited owners in the then existing hindu law before the commencement of the act. in the present case the limited owner motibala having transferred the limited interest to chanchala before the passing of the act, it .....Tag this Judgment!
Court : Kerala
Reported in : AIR1992Ker249
..... application for bringing them on the record, as legal representatives of the deceased. but it raises an interesting question relating to the application of the traditional hindu law of kerala to the determination of the petitioners' status as the legal representatives. the question arises out of the facts set out in paragraphs ..... act (1115) and the cochin marumakkattayam thiyya act (xvii) of 1115.8. the kerala joint hindu family system (abolition) act 1975, was a significant step in the process of change away from the traditional coustomary law. it abolished the very concept of preference in favour of the female sex. in a ..... examination of the status of the petitioners in the context of the changed law. the law which governs succession to the property of a hindu is the hindu succession act.17. the word 'represent' literally means to stand for or to be substituted for. in order to understand this question ..... 1100, the travancore ezhava act iii of 1100 and the cochin marumakkathayam thiyya act xvii of 1115. 9. the effect of the kerala joint hindu family system (abolition) act 1975 is that concept of succession through females and the constitution of tavazhis and tarwads, which were the foundations of ..... sense, it is a manifestation of the equality of sexes in the matter of succession. broadly stated the changes introduced by this act were these:(i)the definition of joint hindu .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP319
..... to claim or obligation at the time when the act is passed, it cannot be so construed.32. when it is not disputed that under the traditional hindu law as well as even after the act came into force, it is possible for a widow to relinquish her right of maintenance, we fail to ..... scope and purview of the act, and at the remedy sought to be applied, and consider what it was the legislature contemplated.13. now under the traditional hindu law, the amount of maintenance, whether it is fixed by a decree or by agreement, was liable to be increased or diminished, whenever there was such ..... behalf. in : 3scr122 ( it was ) held :'now, before the act came into force, rights of maintenance out of the estate of a hindu dying before the commencement of the act were acquired, and the corresponding liability to pay the maintenance was incurred under the hind law in force at the time ..... inconsistent with the provisions of the act.20. what then is the alteration or modification which section 25 of the act makes in the rules of hindu law relating to quantum of maintenance or right to surrender or relinquish the right to maintenance in our judgment the section makes one substantial change and ..... of the importance of the question involved. that is how the case has come before us.8. the question thus arises on section 25 of the hindu adoptions and maintenance act ( hereinafter called the act ) which was passed for protecting the rights of maintenance of those who are entitled to such maintenance adequately .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2002MP112; 2002(1)MPHT526
..... to gonds, a scheduled tribe, by virtue of section 2(2) of the act, shantibai was prima facie only a limited owner of the lands as per traditional hindu law and she could not execute the will in favour of her nephew and (b) the unregistered will requires proper proof of its execution and attestation and ..... apply which gave to the widow a 'limited estate' or the hindu law as modified by this act would apply which gives to a widow the full ..... gonds in madhya pradesh are governed by hindu law as they have adopted it as a part of their custom and usage. but this does not solve the dispute in the present case. the crucial question is whether it is the traditional hindu law which was in force before the hindu succession act, 1956 came into force would ..... person' who is not a muslim, christian, parsi or jew by religion unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been ..... after hearing the learned counsel for both the sides this court is of the opinion that the order of the appellate court is correct. the provisions of hindu succession act, 1956 do not protanto apply to the members of the scheduled tribe as per section 2(2) of this act. the customary law of scheduled .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2007KAR3216; 2008(1)KarLJ482; 2007(2)KCCR1349; 2007(5)AIRKarR283; AIR2007NOC2236
..... decision of larger bench of the supreme court, is binding on all courts in india.16. from the discussions made above, it is clear that though under traditional hindu law, from the moment a son is born, he gets a share in his father's ancestral property and becomes a co-parcener, on accrual of ..... that right by his birth in the family, that position is affected and modified by section 8 of the hindu succession act 1956. consequently, the property of the father who had separated from his family, on his death will be inherited and held by his sons ..... who were the appellants in rfa no. 386/2001.11. in commissioner of wealth-tax, kanpur v. chander sen (supra) the supreme court ruled that hindu succession act has been enacted to modify wherever necessary and to codify the law and therefore it would be difficult to hold today that the property which devolved ..... the plaintiffs hence forth for the sake of convenience) has a share in the suit property having acquired that interest by birth in the family governed by mitakshara hindu law. to appreciate the fact, it is necessary to reproduce the contentions taken by the plaintiffs in the plaint, i.e., o.s. no. 3470/1988 ..... supreme court in the above mentioned decision of the commissioner of wealth-tax, kanpur v. chander sen (supra) which held that the settled principle of hindu law that the son would inherit the property of his father as kartha of his own family is amended by section 8 of the succession act and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1995(3)ALT1; I(1996)DMC48
..... the alienation of the property by a de facto guardian for legal necessity and the benefit of the estate is very well recognised in sastric or traditional hindu law and, therefore, such a finding of the learned district judge to bind the plaintiffs with such an alienation is very much justified. mr. suryanarayana ..... a supplemental law. for all purposes they must be read together. but when there is a conflict between the two provisions, 1956 act would prevail. (mulla's hindu law 15th edn. p. 1053 and kusa paride v. baisab, : air1966ori60 ). with such a legal position as is existing subsequent to 25.8.1956, mr. ..... is not binding on the minor plaintiffs but it is also void and void ab initio and conferred no title on the alienee (p. 637, hindu law, mulla, supra). although the legal expressions in some situations say that such an alienation is voidable and may be ratified by the plaintiffs after ..... the legal necessity themselves may not be sufficient to prove the legal necessity nor the absence of recital would vitiate the alienation. (p. 241 of hindu law-mulla supra). this court further tries to add that although such recital may be relevant, it would not be conclusive except it may be used ..... jure guardian and de facto guardian wherein the principle in hanuman prasad's case, (1856) 6 mia 393, is applied (p. 628 of mulla's hindu law). mr. suryanarayana rao, the learned advocate for the plaintiffs is also right in contending that the doctrine of pious obligation will not extend to personal .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : II(1990)DMC163
..... false ceremonies are alleged to have been gone into. once matrimonial dispute arises amongst them, false accusations are made against each other.19. the social requirements of traditional hindu law as well as condified hindu marriage act maintain that undergoing of ceremonies of marriage either according to the custom of the parties or according to ceremonies provided by the act is a must ..... of the society. it was observed that all attempts should be made to keep the relationship going. the split should be avoided. an attempt should be made to keep the traditions handed down by our ancestors to maintain the tie of husband and wife. nothing should be done to impair the relationship. all attempts should be made to endure it.16 ..... the very incepting, the law has strictly forbidden the begamous marriages which have not been accepted even in the changing society doing away with the shackles of shastric or old hindu law with respect to marriages.18. cases are not infrequent when disgruntled souls incapable of maintaining themselves by honest means wear the veil of married couples and assume the garb ..... in social conditions, the reforms suggested by various saints, philosophers, law givers. courts as well as the legislatures and the influence of the western society have eroded the concept of hindu marriage being a sacrosanct. resultantly, the marriage is now considered partly as a sancrosanct and partly as a contract. monogamy has been considered to be decorous in view of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC477; Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... words of swami vivekananda 'continues social tyranny of ages'. the caste system has been religiously preserved in many ways including by the judicial verdicts, pronounced according to the traditional hindu law.142. on account of the caste system and the consequent inequalities prevailing in hinduism between person to person on the basis of varnasharma dharma new religions such as ..... , and sikhs, have some sort of caste scheme. these schemes are patterned after the hindu system, since most of these people originally came from hindu stock. the large-scale conversions that have been going on for centuries have modified indian caste society. thus traditional hindu communaland connubial rituals and emphasis on inherited social status or rank though generally rejected in the ..... in article 16(4) is neither defined nor explained in the constitution. however, the backward class or classes can certainly be identified in hindu society with reference to castes along with other criteria such as traditional occupation, poverty, place of residence, lack of education etc. and in communities where caste is not recognised by the above recognised and accepted ..... account should serve as a warning against any hasty conclusion about the weakening of caste as the basis of social organisation of the hindu society. the pace of social mobility is no doubt increasing and some traditional features of the caste system have inevitably weakened. but what caste has lost on the ritual front, it has more than gained .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; 6SCR321
..... words of swami vivekananda 'continues social tyranny of ages'. the caste system has been religiously preserved in many ways including by the judicial verdicts, pronounced according to the traditional hindu law.18. on account of the caste system and the consequent inequalities prevailing in hinduism between person to person on the basis of varna sharma dharma new religions such ..... in article 16(4) is neither defined nor explained in the constitution. however, the backward class or classes can certainly be identified in hindu society with reference to castes along with other criteria such as traditional occupation, poverty, place of residence, lack of education etc. and in communities where caste is not recognised by the above recognised and ..... citizens' under article 16(4), save in given exceptional circumstances such as the caste itself being identifiable with the traditional occupation of the lower strata - indicating the social backwardness.85. true, the caste system is predominantly known in hindu society and runs through the entire fabric of the social structure. therefore, the caste criterion cannot be divested from ..... status?106. there is no denying that many of the castes are identified even by their traditional occupation. this is so because numerous castes arranged in a hierarchical order in the hindu social structure are tied up with their respective particular traditional occupation consequent upon the creation of four varnas on the concept of divine origin of caste system .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1966SC1119; (1967)69BOMLR1; 1967MHLJ289(SC); 3SCR242
..... hindu religion. it was further contended that the sect propagated the ideal that worship of any god other than swaminarayan would be a betrayal ..... god, and as such, the sect that believes in the divinity of swaminarayan cannot be assimilated to the followers of hindu religion. it was also argued that the temples in suit had been established for the worship of swaminarayan himself and not for the worship of the traditional hindu idols, and that again showed that the satsangi sect was distinct and separate from ..... by s. 3 of the act. the fact that swaminarayan himself is worshipped in these temples is not inconsistent with the belief which the teachings of bhagvad- gita have traditionally created in all hindu minds. according to the bhagvad-gita, whenever religion is on the decline and religion is in the ascendance, god is born to restore the balance of religion and ..... . in this sphere again, there is diversity of opinion, though all are agreed about the ultimate goal. therefore, it would be inappropriate to apply the traditional tests in determining the extent of the jurisdiction of hindu religion. it can be safely described as a way of life based on certain basic concepts to which we have already referred. 41. tilak faced this .....Tag this Judgment!