Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Sorted by: old Court: chennai Page 2 of about 402 results (0.104 seconds)

Asirvadam Samuel Nadar Vs. Raja Jothi and anr.

Court : Chennai

Reported in : II(1998)DMC137; (1997)IIMLJ449

..... there, a division bench of our high court considered the validity of marriage under section 7-a of the hindu marriage act, inserted by section 2 of madras act 21 of 1967 suyamariyadhai marriages, and held thus:'section 7-a (2)(b) validates all marriages to which section 7-a(l) applied and further provides that such marriages even if solemnised at any time before the commencement of the act shall be deemed to have been good and valid in law with effect from the date of such ..... the meaning of the word 'solemnisation' under the hindu marriage act came for consideration in the decision reported in : 1965crilj544 , bhaurao shankar lokhande & anr ..... smine, the learned judge said that the word 'solemnised' in section 5, christian marriage act means 'celebrated' and refers to the ceremony only; the learned judge further said that 'section 5, christian marriage act, deals only with the ceremony and the person who may perform ..... above suit was filed by one kovil pillai nadar, brother of the appellant, seeking partition of the plaint schedule properties and to allot one half share in those items. ..... second appeal is allowed and the judgments of both the courts below are set aside, and the suit is remanded for fresh disposal in the light of the directions given above. ..... 143 of 1955, on the file of district munsif's court, srivaikuntam, claiming partition of her one-third share, which was decreed, and a final decree was passed in that suit, and nesamani ammal obtained physical possession of ..... air 1955 t.c .....

T.K.Thiyagarajan Vs. Lakshmana Chettiar

Court : Chennai

..... gurdwara sahib narike and others), wherein the hon'ble supreme court held that essential ingredients for determining whether section 14(1) of hindu succession act would come into play are the antecedents of the property, the possession of the property as on the date of the act and the existence of a right in the female over it, however limited it may be. ..... further the appellate court has found that by reason of section 14 of the hindu succession act no enlargement of the interest of the first defendant in the suit property can taken place and that she is entitled only to a right of residence during her lifetime and this finding of the appellate court is binding on her and on the parties. ..... 5.the brief case of the second defendant is as follows: according to the second defendant, he does not know that ramanuja chettiar died in the year 1955 and kannan died in the year 1957 leaving behind his daughter, 4th defendant as his surviving legal heir. ..... on appeal from the decree in the said suit, the first appellate court remanded the matter back to the trial court for fresh disposal and after remand declared that the first defendant, rajammal has no more than a life interest in the suit property without any powers of alienation and the plaintiffs, i.e. ..... ethiraj died on 23.05.1917 within ten days after his marriage. .....

Dr. S.P.G. Sundaram and Another Vs. Indu Vedamurthy

Court : Chennai

..... on a plain reading of the section, it becomes obvious the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to any property presented "at or about the time of marriage" which may belong jointly to both the husband and wife. ..... it is relevant to quote the decision reported in air 1997 sc 3562, whereunder, it has been held that the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to nay property presented "at or bout the time of marriage" which may belong jointly to both the husband and wife. 13. ..... section 27 of the hindu marriage act reads thus: "disposal of property-in any proceedings this act, the court may make such provision in proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. 10.1. ..... it is her absolute property with all rights to dispose at her own pleasure. ..... a woman s power of disposal, independent of her husband s control, is not confined to saudayika but extends to other properties as well. ..... again the petition has been returned on 17.03.2016 stating that hmop.no.36 of 2014 has already been disposed of on 16.10.2014 and how the petition is maintainable. ..... with the above direction, this civil revision petition is disposed of. .....

Muttammal Vs. the Bank of Madras

Court : Chennai

Reported in : (1883)ILR7Mad115

..... [section 13: with regard to the property of a deceased hindu, mahomedan or other person not usually designated by the term 'british subject,' no certificate in respect of any such property shall be valid if made after a probate or letters of administration granted in respect of the same, provided assets belonging to the deceased were at the time of his death within the local jurisdiction of the court granting the probate or ..... [section 23: nothing in this act contained shall be held to extend to the property of any person usually designated as a british subject. ..... section 2 provides that the zilla or district court, within the jurisdiction of which any part of the property of the deceased may be found, shall have authority to grant a certificate under the act.24. ..... section xv provides that the act is not to extend to the property of persons usually called british subjects.18. ..... but this conclusion does not decide the question in this case, as i am bound to hold on the construction of the act that the absence of reasonable doubt alone as to the party entitled does not justify or authorize the plaintiff to sue for the debt without taking out administration.33. ..... by letter of the 24th january 1883, ramasami chetti, on behalf of the plaintiff, requested the bank to sell the securities and close the accounts and hold the balance after payment of the debt for disposal afterwards.3. .....

Vijaya Ragava Vs. the Secretary of State for India in Council

Court : Chennai

Reported in : (1883)ILR7Mad466

..... sectarian interests so as to add to the irritation of the muhammadans in the town of salem; (4) that his behaviour in connection with the culvert question was intemperate'; and (5) that the hindu municipal commissioners as a body with the plaintiff [481] at their head acted as partisans in furtherance of sectarian views and wilfully betrayed the trust reposed in them as public men, and thereby added to the excitement of the muhammadans, which precipitated the outbreaks of july ..... a divisional commissioner, his powers were limited to inspection : there was no petition for widening the culvert before the commissioners : but at the instance of the chetties and with the assistance of hindu bystanders he arbitrarily put down seven stones where there had been but two, and converted a mere foot-bridge into one capable of being used for carts, and, so far as appears, for ..... if so, it might reasonably have dismissed him, for i suppose there can be no doubt that a man who abuses powers entrusted to him for the public good to favour the particular section of the community to which he himself belongs, and recklessly endangers the public peace, is guilty of misconduct : and it must be conceded that, if a commissioner is guilty of misconduct, the government is the sole judge whether he should ..... by the advocate-general were sufficiently disposed of during the argument. ..... prove his title to the land, but he proved his claim to the arms and recovered his damages for the illegal seizure of his property.26. .....

Appasami and Five ors. Vs. Nagappa

Court : Chennai

Reported in : (1884)ILR7Mad499

..... that a request was made that the lands purchased for the purposes of the temple of bhrajnthiswara and other temples and choultries should be entered in the names of the institutions severally, and that the movable properties provided for the institutions should be numbered and examined by the government, and that the management of the said charities should be kept only in the name of vengu mudaliar.14. ..... it was admitted that the alleged founder, vengu mudaliar, had restored, beautified and enlarged the temple, that he had furnished it with movable properties and had dedicated lands for the support of religious services in connection with the temple, and that these properties and lands had been created by him an hereditary trust, of which the administration had been throughout exercised by his family. ..... that this distinction is not now taken for the first time is shown by exhibit n, an order issued by the collector on 7th september 1842 to the tahsildar, directing that possession of the kattalai (endowment) villages and properties should be given to gnanasigamani, and that the dharmakartas should, as superintendents of the temple, superintend the villages and topes of the temple.13. ..... this disposes of the suit, but we also find that at the time of the passing of the act xx of 1863, the right of appointment to the dharmakartaship vested in and was exercised by the government. .....

Venkata Vs. Subhadra

Court : Chennai

Reported in : (1883)ILR7Mad548

..... the subordinate judge held that, by his own conduct, the appellant was estopped from impugning the adoption; that a marriage between the appellant and the respondent's mother in her maiden state would not be incestuous according to the usage obtaining in the telugu country, and that the death of the respondent's father prior to ..... the natural father and accepted by the adoptive father in view to adoption being made at a future time can validate the adoption, if it is made after the death of the natural father and if the elder brother acts in the place of the father at the time of the adoption and during the performance of the datta homam.5. ..... , however, the appellant does not deny that the datta homam was performed in 1880, and the question, whether it is essential to a valid adoption or only a meritorious act which, however commendable, is not indispensable, as observed by jaganatha and by this court, does not arise. ..... by the brother in this case during the datta homam was not an act of his own mere motion as a brother, but it was an act ancillary to perfect, by a religious rite, what the father had done ..... usage obtaining both in the telugu and tamil country, a marriage between a maternal uncle and his niece is not incestuous, although in the tamil country it is not a highly approved marriage.2. ..... on appeal that the adoption is invalid for the two reasons already mentioned, and that the appellant is entitled to a decree declaring that the adoption is invalid though it was his own act. .....

Bank of Madras Vs. Subbarayalu and anr.

Court : Chennai

Reported in : (1891)ILR14Mad32

..... it is as follows:hundis other than hundis which can be stamped with an adhesive stamp under section 10 of the said act shall be written as follows:hundis payable otherwise than on demand, but not more than one year after date or sight and for amounts not exceeding rs. ..... in support of this contention reference was made to the rules made under section 9 of the stamp act by the governor-general in council, dated 3rd march 1882, no. ..... 4 and 6, the former of which is that ' all instruments chargeable with duty, except hundis, may be written on impressed sheets, and, except as provided by section 10 of the said act (i.e. ..... , stamp act) and by these rules, shall be so written. .....

Subbayya and anr. Vs. Krishna

Court : Chennai

Reported in : (1891)ILR14Mad186

..... that the hereditary trustee for the time being was bound to manage the charity subject to their control, charged the respondent with breach of trust and misappropriation of trust property and prayed for his removeal from the management of the trust and the appointment of other proper trustee or trustees, and for such further or other reliefs as the ..... resulting in a determination by order is one which is well known to the indian courts (see, for example, the minors act and the succession certificate act), and the legislature would not have used in section 539, civil procedure code, the words 'suit' and 'decree,' it may fairly be contended, if they had intended to ..... before another divisional bench, but the earned judges who heard that case observed that the proceeding prescribed by romilly's act was by petition, whereas, a suit was permitted to be brought by section 539, and with that observation they declined to consider the question for the reason that it was not one ..... section 40 of the act the party might apply by petition for an order of the court of chancery, and might give evidence by affidavit, and the matter was to be disposed of by an order of the court section 43 of the act ..... vacancy in the office of trustee open for years was a defect common in this country, as well in the management of public as of temple charities, and the section was framed also to provide an effective remedy in this respect, as was done by act xx of 1863, section 5, in regard to hindu temples.45. .....

Venkatacharyulu Vs. Rangacharyulu and anr.

Court : Chennai

Reported in : (1891)ILR14Mad316

..... by this court that when an adoption cannot be upheld owing to a legal defect, the adopted boy does not forfeit his status as son in his natural family, and in the same way, it might be held that when a marriage rite is set aside on the ground that it is forbidden by the very law which prescribes the rite, the girl's prior legal status remains without taint, the rite being defiled and being inefficacious on that ..... it is indeed conceded for them that the marriage in the case before us could not be annulled if the girl were given away either by her father or with his consent, and the substantial question then for determination is whether a gift of the bride by the father or her proper legal guardian is of the essence of a hindu marriage as a religious ceremony.5. ..... moreover, it has already been shown that the giving of a daughter in marriage is more a duty than a right, and in the case before us the district munsif has found that the mother acted bond fide in the interest of her daughter and as her natural guardian desiring to provide her with a suitable husband. ..... in that case the legal guardian was the paternal uncle and it was admitted that he had a right to dispose of the girl in marriage in preference to the mother. ..... as regards adoption, the author of the dattakamimansa says in section iv, solka 40, 'should one be adopted on whom the ceremony of tonsure and other rites have been performed, a servile state ensues, not that of a son' (see also sloka, 46 stokes's hindu law books, p. .....