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Start Free TrialOudh Laws Act, 1876 Part II
Title: General Laws to Be Administeredin Oudh
State: Central
Year: 1876
.....or any other enactment, altered or abolished, or has been modified by any such custom as is above referred to: (c) the rules contained in this Act: (d) the rules published in the Official Gazette as provided by section 40, or made under any other Act for the time being in force in Oudh: (e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the provisions of section 4, and to the modifications mentioned in the third column of the same schedule: (f) subject to the modifications hereinafter mentioned, all enactments for the time being in force and expressly, or by necessary implication, applying to1[ the territories which, immediately before the 1st November, 1956 were comprised in Part A States and Part C States ] or Oudh, or some part of Oudh: (g) in cases not provided for by the former part of this section, or by any other law for the time being in force, the Courts shall act according to justice, equity and good conscience. ______________________ 1. Substituted for "Part A States and Part C States" by 2.A.L.O. 1956 w.e.f 1-11-1956. Section 4 - Validity of local customs and mercantitle usage All local customs and mercantile.....
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Section 3
Title: Statutory Law to Be Administered in Oudh
State: Central
Year: 1876
.....except in so far as such ]aw has been, by this or any other enactment, altered or abolished, or has been modified by any such custom as is above referred to: (c) the rules contained in this Act: (d) the rules published in the Official Gazette as provided by section 40, or made under any other Act for the time being in force in Oudh: (e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the provisions of section 4, and to the modifications mentioned in the third column of the same schedule: (f) subject to the modifications hereinafter mentioned, all enactments for the time being in force and expressly, or by necessary implication, applying to1[ the territories which, immediately before the 1st November, 1956 were comprised in Part A States and Part C States ] or Oudh, or some part of Oudh: (g) in cases not provided for by the former part of this section, or by any other law for the time being in force, the Courts shall act according to justice, equity and good conscience. ______________________ 1. Substituted for "Part A States and Part C States" by 2.A.L.O. 1956 w.e.f 1-11-1956.
View Complete Act List Judgments citing this sectionPunjab Laws Act, 1872 Section 5
Title: Decisions in Certain Cases to Be According to Native Law
State: Central
Year: 1872
In questions regarding succession, special property of females, betrothal, marriage, divorce, dower. adoption, guardianship, minority, can bastardy, family relations, wills, legacies, gifts, partitions, or any ac religious usage or institution, the rule of decision shall be- (a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and (Civil Judicature. Descent of jaghirs. Pre-emption. Decrees cerning land. Insolvency. Minors and the Court of Wards): has not been by this or any other enactment altered abolished. and has not been declared to be void by competent authority; (b) the Muhammadan law, in cases where the parties Muhammadans, and the Hindu law, in cases where parties are Hindus, except in so far as such law has be altered or abolished by legislative enactment, or opposed to the provisions of this Act, or has been modified by any such custom as is above referred to.]
View Complete Act List Judgments citing this sectionThe [Tamil Nadu] Hindu Religious and Charitable Endowments Act, 1959 Complete Act
State: Tamil Nadu
Year: 1959
THE [TAMIL NADU] HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959 THE 1 [TAMIL NADU] HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959 1 [Act No. 22 of 1959] 2 [2nd December, 1959] PREAMBLE An Act to amend and consolidate the law relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the 3[State of Tamil Nadu]; WHEREAS it is expedient to amend and consolidate the law relating to the administration and governance of Hindu Religious and Charitable Institutions and Endowments in the 3[State of Tamil Nadu]; BE it enacted in the Tenth Year of the republic of India as follows:- ________________________ 1. These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 2. For the Statement of Objects and Reasons, See Fort St. George Gazette Extraordinary, dated the 13th April 1959, Part IV-A, page 213. This Act as amended by sub-section (2) of section 11 of the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962) was extended to the Added.....
List Judgments citing this sectionHindu Succession Act, 1956 Complete Act
State: Central
Year: 1956
.....may be coiled the Hindu Succession Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other 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 passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; (c) any person who is a convert.....
List Judgments citing this sectionHindu Succession Act, 1956 Chapter II
Title: Intestate Succession
State: Central
Year: 1956
.....the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.--For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December,2004 Explanation- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.] ________________________________ 1. Substituted vide Hindu Succession (Amendment) Act, 2005. Previous text was When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparceners property, his interest in the property shall devolve by survivorship upon the surviving members of the coparceners and not in accordance with.....
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Complete Act
State: Central
Year: 1956
.....a person who, though not a Hindu by religion is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. SECTION 03: DEFINITIONS In this Act, unless the context otherwise requires,- (a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family; (b) "maintenance" includes- (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable expenses of and incidents to her marriage; (c) "minor" means a person who has not completed his or her age of eighteen years. SECTION 04: OVERRIDING EFFECT OF ACT Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before.....
List Judgments citing this sectionHindu Marriage Act, 1955 Complete Act
State: Central
Year: 1955
.....and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends 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 passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas, or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such.....
List Judgments citing this sectionHindu Gains of Learning Act, 1930 Complete Act
State: Central
Year: 1930
.....demoralising influence upon his character by inducing him to have recourse to dishonest subterfuges like benami transactions. Likewise, the present rule is not favourable to the growth of self-reliance among the dependent members of the family. In a rich family, it offers a premium to extravagance, idleness and perpetual discord. Its injustice is manifestly galling. Take, e.g., a case in which a father has three sons and incurs the same expenditure on their education. He sends them all to England to be educated for the 1.C.S. One is successful, the other two fail. Of the two who fail, one takes to trade, the other is unwilling to do any work and remains idle. The trader earns a large fortune, which the present law allows him to keep to himself, because his education in England was for the Civil Service and not for trade. But, out of the earnings of the Civilian, two shares are claimed, one by the trader and the other by the brother who has been idle. The trader keeps his own earnings and also takes a share of the Civilian's earnings. Take again a case in which three brothers are given by their father the same education for the same profession and at the same cost. Though they.....
List Judgments citing this sectionMiscellaneous Personal Laws (Extension) Act, 1959 Complete Act
State: Central
Year: 1959
.....of Madras) Act. 1921 (8 of 1921).The Hyderabad Hindu Gains of Learning Act, 1344-F (Hyderabad Act 5 of 1344-F). The Hyderabad(Application of Central Acts) Act, 1952 (Hyderabad Act 48 of 1952), in so far as it relates to any of the Acts, specified in Schedule 1. The Andhra Pradesh (Extension of Laws) Act, 1959(Andhra Pradesh Act 23 of 1958), in so far as it relates to the Hindu Gains of Learning Act, 1930. The State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Saurashtra Ordinance 25 of 1948), in so far as it relates to- (a) the Hindu Inheritance (Removal of Disabilities) Act, 1928 (12 of 1928), and (b) the Hindu Gains of Learning Act, 1930 (30 of 1930). The Saurashtra Dissolution of Muslim Marriages Act. 1952 (Saurashtra Act 26 of 1952). The Travancore Muslim Succession Act, 1108 (11 of 1108). The Cochin Muslim Succession Act, 1108(15 of 11081. The Travancore Hindu Inheritance (Removal of Disabilities) Act, 1114 (18 of 1114). The Travamcore Hindu Gains of Learning Act. 1117 (3 of 1117). The Cochin Muslim Marriages Dissolution Act, 1120 (22 of 1120). The Madhya Bharat (Adoption of Laws) Act, Samvat 2009 (Act 1 of 1953), in so far as it relates to- (a).....
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