Court : Kerala
Reported in : AIR1971Ker98
..... tenant entitled to fixity of tenure the right to use his holding in any manner he thinks fit subject to the provisions of any order issued under the essential commodities act, 1955. all the rights of the landlords in respect of lands held by such a tenant having vested in the government by reason of the notification under section 72 of ..... in determining such questions. in 1941 fcr 12 = (air .1941 fc 72) the question arose with reference to the hindu women's rights to property act 18 of 1937. the central legislature passed the act and had conferred on hindu widows certain rights over properties which devolved by intestate succession and survivorship. the subject of devolution was within the competence of the ..... ltd., air 1953 sc 252 and in r. m. d. c. v. union of india, air 1957 sc 628 or, as was done in in re hindu women's rights to property act, air 1941 fc 72 by adopting the device of construing the apparently wide language of the statute in a restricted sense so as to keep it within bounds .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker261
..... allah' is abhorred in islam, and the prophet enjoined that such a state of affairs should be ended. the main object of enacting the dissolution of muslim marriages act was to bring the law as administered in this sub-continent into conformity with the authoritative texts. a very strong select committee which included sir nripendra nath sircar, ..... allowed divorce for simple failure by the husband to maintain his wife. the most compelling argument in the sind ruling runs thus:'the muslim marriage differs from the hindu and from most christian marriages in that it is not a sacrament. this involves an essentially different attitude towards dissolutions. there is no merit in preserving intact the connection ..... the meaning of these words cannot therefore be different from what it would be, for instance, if these words were used with reference to a hindu or a christian or a parsi husband ............... the question whether there was a failure to maintain was a pure question of fact, which did not .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker149
..... instituted, was for partition, and separate possession of the plaintiffs share in plaint bl to f schedule items based on the1 madras marumakkathayam (removal of doubts) act (act 32 of 1955). the plaintiff and defendants 1 to 13 are members of kunnathat matambil swaroopam known as mannarshat nair veedu. it is an ancient chieftain family. there are ..... extinguished by an unauthorised alienation, the said property continues to be sthanam property held by the sthani within the meaning of section 7(3) of the hindu succession act. the improper alienation will not divest the sthanam or the successor sthanees of their right over the sthanam property. this principle can be well brought out ..... 1955 could not have been legally sustained.5. the first defendant, who was the moopil sthanee died on 3-1-1960. the plaintiff then filed i. a. 163 of 1960 for emending the plaint claiming a share in plaint b. d and f schedule properties attached to the moopil sthanam under section 7(3) of the hindu succession act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker210
..... 58 vested the administration of the devaswom lands in the aforesaid board and section 65 made the board a corporate, body. finally travan-core-cochin hindu religious institutions act, no. xv of 1950, was passed whose part ii deals with the cochin area. under section 62 the administration of incorporated and unincorporated devaswoms and ..... the amendment made the kanam tenant the owner, and jenmikaram the charge on his land. the position became the same in malabar in 1955. the same concept has been introduced by the act in the cochin area; and, consistently with the tenant becoming the owner and jenmikarani becoming a charge, there would be no renewal and ..... be discriminatory. section 30 of the criminal procedure code was challenged as infringing article 14, and it was contended in budhan choudhry v. state of bihar, 1955-1 scr 1045: ((s) air 1955 sc 191) that the convictions under section 366 of the indian penal code by magistrates were discriminatory, as the accused had been tried by procedure .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker284
..... decision was that since the allotment of property under ext. p-1 was in lieu of the second defendant's pre-existing right of maintenance section 14(1) of the hindu succession act should apply. though there is no specific reference to partition in section 14-(2) the expression 'any other instrument' therein must be construed ejustlem generis which means any instrument ..... and usage para. 276, 3rd ed.) and to the liability of a brother who has assets from his father in his hands to provide for the marriage expense of his sister.'10. it is therefore clear that the legal obligation arises out of the right of inheri-tance based on the doctrine of spiritual benefit. the ..... is under a moral, if not a legal obligation to give his daughter in marriage.(2) by marriage a hindu woman ceases to belong to her parental family and becomes a member of her husband's family.(3) the head of a hindu family is bound morally, if not legally, to provide for the maintenance of all the members of the family according .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker226
..... with the respondent and his mother. a portion of the lands allotted to the appellant was subsequently acquired by the government towards the end of 1956 after the hindu succession act came into force; and the appellant and the respondent both laid claim to the compensation money. the government referred the matter to the court and both the ..... the subsection includes both movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition, or in lieu ot maintenance or arrears of maintenance, or by gift by any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or ..... by prescription, or in any manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of the act. sub-section (2) then provides that nothing contained in sub-section .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker114
..... lands are kept fallow, instead of taking action under the 1971 rules government could have taken action under the land utilisation order, 1967, issued under the essential commodities act, 1955. the provisions of that order are not so stringent as those in the 1971 rules. in fact section 38 of the defence of india ..... would allow the lands to lie fallow during the 1972-73 season. on august 17, 1972 the minister in charge of agriculture issued a statement published in the newspaper, hindu, dafed august 18, 1972, ext. p-4, that if the cultivators did not give up their 'no cultivation programme', the government would invoke the 1971 rules and ..... its judicial functions and observance of rules of natural justice also is essential for administration of justice by courts. as regards pure executive or administrative orders if the act under which they are passed expressly or by implication excludes the application of rules of natural justice those rules cannot apply to them because that is the will of .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker257; I(2008)DMC34; 2007(2)KLJ714
..... circumstances of that case.3. large number of cases are coming up before this court seeking similar directions td the marriage officer to register marriage under special marriage act waiving the period mentioned in section 15(f) as well as under section 16 of the act pointing out various personal problems, hardship and inconvenience etc. faced by them. a learned judge of this court doubted ..... bench examined the scope of section 5 vis-a-vis clause (f) of section 15 of the special marriage act. the court held that where none of the parties resided within the territorial jurisdiction of marriage officer, who gave the certificate of marriage, the certificate of marriage will be without jurisdiction for contravention of section 5 under which at least one of the parties to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker408
..... hands of korappan and the latter was the kartha of the family. according to the plaintiff, on korappan's death in 1960, according to the provisions of the hindu succession act, 1956, his interest, namely, half right devolved on plaintiff and firs! defendant as co-owners and, therefore, plaintiff has one-fourth share and the remaining three ..... properties are ancestral properties of the family of which korappan was the kartha. section 6 of the hindu succession act states that 'when a male hindu dies after the commencement of this act, having at the time of his death an interest in a milakshara coparcenary property, his interest in the property shall devolve ..... of the coparcenary (in this case the first defendant) and this custom is not abrogated by section 4(1)(a) of the hindu succession act and, therefore, the provisions in section 6 of the act are not attracted and that in any event, plaintiffs claim is barred by adverse possession.6. there is no dispute that the suit .....
Tag this Judgment!Court : Kerala
Reported in : II(2003)DMC20
..... the limits of allah' is abhorred in islam, and the prophet enjoined that such a state of affairs should be ended. the main object of enacting the dissolution of muslim marriages act was to bring the law as administered in this subcontinent into conformity with the authoritative texts. a very. strong select committee which included sri. nripendranath sircar, sri. mohammed ..... her own family house and away from her husband, is entitled to claim divorce on the ground under section 2(ii) of the dissolution of muslim marriage act, 1939, hereinafter referred to as the act, that her husband 'has neglected or has failed to provide for her maintenance for a period of two years', is the main issue raised in this ..... the meaning of these words cannot therefore be different from what it would be, for instance, if these words were used with reference to a hindu or a christian or a parsi husband. the question whether there was a failure to maintain was a pure question of fact, which did not in any manner .....
Tag this Judgment!