Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: gujarat Page 2 of about 1,190 results (0.114 seconds)

Pratapsinhji N. Desai Vs. Commissioner of Income-tax, Gujarat-iii

Court : Gujarat

Reported in : (1982)22CTR(Guj)233

..... , pratapsinghji desai, by the rule of primogeniture. continued to be impartible till the succession opening under the hindu succession act. in other words, it was contended that the impartible estate, though abolished by the hindu succession act, would continue during the lifetime of its holder since the succession act applies only to the succession opening after the hindu succession act was put on the statute book, that is, on june 17, 1956, we ..... the said covenant or agreement. it should be noted at this stage that the constitution (26th amend. act), 1971, by its s. 3 introduced art. 366 by which the recognition granted to the rulers of indian states ceased and the privy purses were abolished. this 26th amendment was an event of historical importance and it is really surprising how the tribunal overlooked such .....

Rabari Hamira Hengol Vs. Bai Mani Kasala and anr.

Court : Gujarat

Reported in : (1976)17GLR729

..... 'property' in the hindu women's rights to properly act, 1937, and the hindu women's rights to property (amendment) act, 1938, as in force in the province of bombay, shall include, and shall be deemed always to have included, agricultural land:provided that nothing in this act shall affect any rule of succession prescribed for tenants' ..... the absolute owner in respect of her one-half share in the suit fields by virtue of section 14(1) of the hindu succession act, 1956, hereinafter referred to as 1956 act and that after the death of bai valma in the month of november 1961, each of the plaintiffs and their brother ishwar ..... rights in agricultural land by any special law for the time being in force.in view of the above bombay acts .....

Modi Nathubhai Motilal and ors. Vs. Chhotubhai Manibhai Desai

Court : Gujarat

Reported in : AIR1962Guj68; (1962)0GLR418

..... of the madhya pradesh high court is no authority for the view that even the liability under the theory of pious obligation stands abrogated by reason of the hindu succession act of 1956. we therefore reject the contention of the learned counsel for the appellants on this point. 11. it is not necessary to consider the question whether ..... available for partition. the fact that the sons are minors is immaterial for this purpose, 21. the learned counsel for the appellants also relied on section 14 of the hindu succession act, 1956 and contends that the share of the wife became her absolute properly. he relied on kotturuswami v. s. veerawa, : air1959sc577 where it is held that ..... 64) where it was observed that the court should not allow the parties before it to adduce evidence on points not raised in the pleadings or issues without amending the pleadings and raising the necessary issues. as alreday observed, the question of the liability of defendants nos. 2 to 5 was pleaded in the plaint and .....

Daniraiji Vrajlalji Vs. Vahuji Maharaj Chandraprabha

Court : Gujarat

Reported in : AIR1971Guj188

..... expressed an opinion that before the tenancy could expire, the amending act of 1952 stepped in and deprived the landlord of his right to obtain possession. that being the position in the opinion of their lordships of the supreme court, it was not possible to contend successfully that the landlord had any accrued right to get the ..... . sections 1 to 17 relate to adoptions, sections 18 to 28 relate to maintenance, section 29 repeals hindu married women's rights to separate residence and maintenance act of 1946 and sub-section (2) of section 30 of hindu succession act of 1956, while section 30 saves the adoptions which are made before the commencement of the ..... was revoked. in his written statement, therefore, the defendant has pleaded that he is adopted by the plaintiff not according to the provisions as contemplated by hindu law but in accordance with the customary adoption known as 'goda datta'. the defendant has challenged in his written statement the plaintiff's right to revoke the .....

Vidyaben Vs. Jagdishchandra Nandshankar Bhatt and ors.

Court : Gujarat

Reported in : AIR1974Guj23; (1973)GLR328

..... legislature and hindu succession act saw the light of the day. under this act, the notion of the joint family property was not done away with. according to mr. desai, if coparcenary existed even after the said act came into force, all other incidents of coparcenary property would remain intact save those which were specifically amended, modified or ..... heir would be entitled to claim partition therein. mr. desai in support of his submission referred to the history and growth of the hindu law. he urged that when the hindu succession act was on the anvil there was great conflict between the orthodox section of the hindus and the reformists. ultimately, a balance was struck ..... not changed. for the first time, therefore, the right to claim partition was given to a widow by this act. this act was repealed by section 31 of the hindu succession act, 1956. apparently, therefore, a hindu widow would lose her right to claim her share by partition in the joint family property even-though under the general .....

Jayantilal Mansukhlal and anr. Vs. Mehta Chhanalal Ambalal

Court : Gujarat

Reported in : AIR1968Guj212; (1968)0GLR129

..... hindu succession act. 1956, and especially having regard to the fact that section 21 finds its place in chapter ii of the act which deals with intestate succession. section 21 can be invoked only in cases of intestate succession, section 21 can have no play in the case before us. it is true that the preamble of the act speaks of the act being enacted to amend ..... and rebut the presumption. section 21 of the act thus acts as a proviso to sub-section (2) of section 105 of the indian succession act, 1925 in cases governed by the hindu succession act, 1956.(19) in india, prior to the enactment of the hindu succession act, 1956 (the act), there was no presumption of law arising ..... and codify the law relating to intestate succession among hindus. but, the act also deals with testate succession. chapter iii of the act deals with testamentary succession. section 30 of the act which finds its places in chapter iii provides that any hindu may dispose .....

Jamanbhai Maganbhai Mavani and Another Vs. Bhanuben Maganbhai Mavani a ...

Court : Gujarat

..... stand disturbed. he contended that when the father had expired, the right would be stand as accrued, but the same is in any case, prior to the amendment made in hindu succession act. hence, the findings recorded by the learned judge that the original plaintiffs are having share in the coparcenary property, is erroneous. 8. in our view, ..... character and it cannot be said that since the right accrued on the date when the father had expired. such right is saved by amendment made in provision of section6 of the hindu succession act. as such on the date of death of father, if the property remained as coparcenary property and no division or partition is made ..... has not been proved, was perverse or otherwise. 7. it was contended by mr. majmudar that learned counsel for the appellants that as per amendment brought out in section6 of the hindu succession act, the daughter would have right as such in coparcenary property, but from prospective date. he submitted that the right accrued to the daughter if .....

Commissioner of Income-tax, Gujarat -i Vs. Navnitlal Sakarlal

Court : Gujarat

Reported in : (1978)7CTR(Guj)258; [1980]125ITR67(Guj)

..... provision for discharging the debts and liabilities and payment of certain expenses out of the self-acquired properties of the testator. according to the principles of hindu law and the provisions of s. 6 of the hindu succession act, 1956, the assessee and his brother became entitled under the will to inherit one-half share of the deceased in the coparcenary properties. from the ..... were in force up to march 31, 1965. it was only with effect from april 1, 1965, that the w.t. act was amended by inserting s. 19a in the w.t. act and on behalf of the assessee, both before the tribunal and before us, it was emphasised that it was in the absence of the provisions of s. 19a in the ..... w.t. act that the decision was delivered by this high court in navnitlal sakarlal's case [1977] 106 itr 512. the tribunal .....

Kadia Harilal Purshottam Vs. Kadia Lilavati Gokaldas

Court : Gujarat

Reported in : AIR1961Guj202; (1961)GLR536

..... the contention urged by mr. nanavaty the result would be that the powers of the court conferred under section 25 would be very limited. the hindu marriage act, 1955, is an act intended to amend and codify the law relating to marriage among hindus. section 25 is preceded by section 24. it deals with maintenance pendente lite and deals with ..... a general rule one-third of the husband's income. the operation of the rule was extended and the same principle was applied in cases decided under the successive divorce acts in england when relief by way of dissolution of marriage by divorce was granted to the wife. at one stage the view was taken that the wife ..... difficulties are experienced in gathering the true meaning of the legislature. there is however one thing clear that the main object and intention of the enactment was to amend and codify the law relating to marriage among hindus. the intention was not to restrict the powers of the court in granting permanent alimony and maintenance to an .....

Pranshankar Shankarlal Joshi and ors. Vs. Fulsinhji Kesharisinhji Parm ...

Court : Gujarat

Reported in : AIR1985Guj9

..... is observed that-'construed in accordance with the above principle the expression 'personal law' referred to in s. 151 of the code comprehends the hindu succession act, 1956, which will undoubtedly govern the inheritance to the'estate7 of sm sarji who died on nov. 6, 1956, much after the coming into force of that ..... servant as contained in s. 21 of the penal code. it was held that the two acts were supplemental to each other and therefore the amendment act was applicable to amend the definition of 'public servant' incorporated in the prevention of corruption act. in para-10, the supreme court observed as under:'...... that it may not be possible to ..... adjudication from which an appeal lies as an appeal from an order, or(b) any order of dismissal for default'. thereafter the definition of 'decree' came to be amended by amendment act, 1976. now the definition of 'decree' reads as under:' 'decree' means the formal expression of an adjudication which, so far as regards the civil expressing it, .....