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Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Subject : Family

Reported in : (1895)ILR17All294

mother's sister's son by a person belonging to one of the three regenerate classes is valid according to Hindu law. The parties are Thakurs, that is, members of the regenerate class of Kshatriyas. It is not alleged that … to which the parties belong. The case, therefore, must be decided solely with reference to the rules of Hindu law which govern adoption, and independently of any positive custom other than such as may be presumed to be

Bharmappa Bharmagauda Vs. Ujjangauda Bharmagauda

Court : Mumbai

Subject : FamilyProperty

Reported in : (1921)23BOMLR1320

pendency of the appeal in the District Court, that the defendant No. 1 was not disqualified according to Hindu law, and that even if he was disqualified, the adoption of the plaintiff by Bharmagauda during the life-time of … (1919) Mad. 4 have been relied upon in support of this argument, it also appears that in Steele's Hindu Law and Custom it is stated at page 224 that 'lame or deformed persons are not excluded, nor are

Jan Mahomed Abdulla Datu Vs. Datu Jaffar

Court : Mumbai

Subject : Family

Reported in : AIR1914Bom59; (1913)15BOMLR1044

deeply this community has, under the pressure of judicial decisions, become tinged with the peculiar notions of the Hindu Law of the Joint family. In order to understand at the outset what is substantially in controversy it may … they do not. It is only when certain Mahommedan communities have been declared to be governed by the Hindu law, that the terms have any meaning. Living jointly in estate, then means no more than that if once

Ahmedbhoy Habibbhoy Vs. Sir Dinshaw M. Petit and ors.

Court : Mumbai

Subject : Civil

Reported in : 3Ind.Cas.124

obligation to answer defendant's requisitions on title, evinces a surprising obtuseness to the most elementary principles of the Hindu law. It is difficult to understand how any responsible lawyers could have been found to advise the plaintiff in … the property in suit was joint family property or self-acquired property. Any one with an elementary knowledge of Hindu law, especially with the case law of this Presidency on this subject, might have foreseen what would happen. Not

The Advocate General Vs. Jimbabai

Court : Mumbai

Subject : Family

Reported in : (1915)17BOMLR799

been established by the decisions of this Court that the Khojas and Cutchi Memons are governed by the Hindu law in all matters of simple succession and inheritance. I think that Macleod J.'s judgment in that case is … precise extent to which the sect of Cutchi Memons is governed not by the Mahomedan but by the Hindu law.2. When the case came on for trial it was hoped that it might be made a test case

Haribai Vs. Baba Anna and anr.

Court : Mumbai

Subject : Family

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 3 and 10; Code of Civil Procedure (CPC), 1908 - Sections 100 and 101 - Order 20, Rule 12(1); Indian Succession Act - Sections 70; Hindu Succession Act - Sections 4 and 14; Transfer of Property Act - Sections 123; Hindu Law; Mulla's Hindu Law; Modern Hindu Law, 1963

Reported in : AIR1977Bom289; 1978MhLJ127

as follows:'There is no doubt whatsoever that in the part of the country to which the BombaySchool of Hindu Law applied, person of any age is capable of being taken in adoption. He may be even older than … as valid in some of the decided cases on the ground that there is no prohibition in the Hindu Law against such adoption. The adoption of a person of any age is also accepted as valid on the

Fateh Singh and ors. Vs. Raghubir Sahai and ors.

Court : Allahabad

Subject : Property

Reported in : AIR1938All577

not satisfied that this was an alienation which the widow was not entitled to make in accordance with Hindu law. It has been more or less presumed that the widow was transferring immovable property.4. He then proceeded to … that this appeal must be allowed. There can, I think, be no doubt that, apart from considerations of Hindu law, the interest of a mortgagee in a usufructuary mortgage is immovable property, such interest comprising as it does

Commissioner of Income-tax, U. P. Vs. Purushottam Das Rais.

Court : Allahabad

Subject : Direct Taxation

Reported in : [1966]61ITR86(All)

of partial partition of property consisting of house properties and stood to be governed by the principles of Hindu law. The question is how houses can be partitioned The Hindu law does not impose an obligation of dividing … to be governed by the principles of Hindu law. The question is how houses can be partitioned The Hindu law does not impose an obligation of dividing property by metes and bounds after disruption of the joint status.

Jaiprakash Mangilal Agarwal Vs. Lilabai and anr.

Court : Mumbai

Subject : Family

Acts : Hindu Law; Code of Civil Procedure (CPC), 1908 - Sections 11 - Order 21, Rules 34 and 63 - Order 22, Rule 4 and 4(2); Central Provinces Tenancy Act; Evidence Act, 1872 - Sections 35; Central Provinces Land Revenue Act - Sections 18, 80, 80(3) and 114; Bombay Land Revenue Code - Sections 135J; Indian Contract Act - Sections 2; Mayne's Hindu Law; Mulla's Hindu Law; Trevelyan's Hindu Law; Presidency Towns Insolvency Act - Sections 52(2); Provincial Insolvency Act - Sections 28-A

Reported in : AIR1963Bom100; (1962)64BOMLR322; ILR1962Bom417

Naik, J. 1. This appeal raises some interesting questions under Hindu Law. The circumstances leading to this appeal may be briefly set out as follows; Sitaram Agarwal of Arvi owned … The plaintiff was liable to pay the sum borrowed by his father under his pious obligation arising under Hindu Law. Defendant No. 1 Lilabai could have been competent to proceed against those fields in execution of a money

Madan Gopal Vs. B. Mukand Lal and anr.

Court : Punjab and Haryana

Subject : Family

Acts : Hindu Law; Contract Act, 1872 - Sections 23

Reported in : AIR1959P& H434

form.' On these findings, the learned trial court concluded that the adoption of Kunj Lal was invalid under Hindu Law and that the doctrine of factum valet did not apply because there was a disregard of the mandatory … the doctrine of factum valet did not apply because there was a disregard of the mandatory provisions of Hindu Law. On the basis of this conclusion, the trial court held that Kunj Lal in the circumstances did not