Judgment Search Results Home > Cases Phrase: indian succession act 1925 part 4 of consangunity Page 4 of about 41 results (0.054 seconds)

Hawva Nachiyar and Another Vs. Balkish Beevi Ammal and Others

Court : Chennai Madurai

..... provisions of section 63(c) of the succession act, 1925 and section 68 of the indian evidence act, 1872. ..... of the evidence act, 1872 keeping in view the nature of proof required for proving a will have no application as a will must be executed as provided under section 63(c) of the indian succession act, 1975, and should be proved under section 68 of the indian evidence act and if there is no such attesting witnesses, the provision under section 69 of the indian evidence act has to be pressed ..... first respondent does not satisfy the provisions of order 41 rule 27 cpc; (vii) that in the evidence of first respondent's father given in op filed by first defendant and his step mother for obtaining succession certificate, he had stated that he received ex.a.1 by post whereas the first respondent in her evidence has stated that ex.a.1 was handed over to her father in person; (viii) that by marking and relying on ..... of the indian evidence act, where any document, proved to be thirty years old, is produced, the court may presume that the signature and every other part of such ..... as per section 90 of evidence act, signature and every other part of such document may be presumed to be in the hand writing of any particular person; and (vi) that in the present case, ex.a.1 is more than 30 years old and the same is ..... the second defendants, they have not alienated the temple and the surrounding vacant site in 'a' schedule property, but, in a part of 'a' schedule property, the second defendant, viz. .....

Tajbi Abalal Desai Vs. Mowlakhan Alikhan Desai

Court : Mumbai

Reported in : AIR1917Bom211; (1917)19BOMLR300

..... courts must look to the way in which the most authoritative exponents of the law thus enjoined have understood it and to what extent traditions thus legitimately moulded have gradually come to be established and accepted as integral parts of the mahomedan law, as long as that law was administered by mahomedan lawyers in mahomedan courts. ..... fornication or adultery, was severly punished under the mahomedan law and a great part of the extracts appended to the judgment in aizunnissa's case, is devoted to this question of punishment. ..... if it really would have the play above attributed to it, then it is clear that the incestuousness of the act which brought the child into being would not be the true determinant. ..... if that were really so, it would destroy one of the principles upon which the sound and systematic administration of this part of the mahommedan law in our courts, must rest.18. ..... we need only refer to the treatment of errors in act and errors in subject. ..... no matter when the act of procreation took place if by reason of consanguinity or affinity the woman was permanently haram to the man, the child born of their union would be illegitimate. .....

Smt. D. Neelima Vs. the Dean of P.G. Studies, A.P. Agricultural Univer ...

Court : Andhra Pradesh

Reported in : AIR1993AP229; 1993(1)ALT458

..... further, under the hindu succession act, wife is one of the successors as a class-1 heir to the property of her husband. ..... all the parties concerned, the learned single judge observed that hindu marriage is not an agreement, that it is a samskara and a sacrament, that after the marriage she is no more a member of her parents family and becomes part and parcel of her husband's family, that the wife, a binna gotri at the time of marriage, enters into her husband's gotra on her marriage and becomes a sagotri of her husband. ..... cassibai, (1879-80) 7 ia page 212 deals with sapinda relationship to decide the succession for the property of mooljee nandlall, who died issueless, and when his wife predeceased him. ..... besides, if the caste of the group of the citizens was made the sole basis for determing the social backwardness of the said group, that test would inevitably break down in relation to many sections of indian society which do not recognise castes in the conventional sense known to hindu society..... ..... 188) 'the identity of the wife with her-husband being accepted as a leading principle of mitakshara, the rule seems on the whole most consonant to it whereby precedence in heritable relation to him gives a like precedence and order of succession in relation to his widow. ..... under the sastric law as also as per the codified law (hindu adoptions and maintenance act, 1955) it is the duty of the husband to maintain his wife. ..... sundaram ayyar, air 1925 mad 497. .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... she has adverted to the amendment made to the hindu succession act in 2005, by which amendment females have also become coparceners in a joint hindu family, and she argued that therefore the 2005 act is not in tune with the march of statutory law in other areas. ..... arora, even before the 2005 act was brought into force on 26.10.2006, the hindu succession act,1956 was amended, by which section 6 was amended, with effect from 9.9.2005, to make females coparceners of a joint hindu family and so have a right by birth in the property of such joint family. ..... that the decision of the delhi high court in kusum lata sharma's case has not been disturbed by the supreme court, we are inclined to read down the provisions of section 2(q) of the dv act and to hold that the provisions of "respondent" in section 2(q) of the dv act is not to be read in isolation but has to be read as a part of the scheme of the dv act, and particularly along with the definitions of "aggrieved person", domestic relationship" and "shared household" in clauses (a), (f) and (s) of section 2 of the ..... (3) while framing charges under sub-section (1), the magistrates may also frame charges under section 498a of the indian penal code (45 of 1860) or any other provision of that code or the dowry prohibition act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions. 18. ..... of taxation, (1925) 35 clr422(aust)]. . .....

Manjulaben Prakshbhai Sarvaiya Vs. State of Gujarat and Another

Court : Gujarat

..... as the son of a stepson, he may have the right to succeed under section 15 (1) (b) of the hindu succession act, as the heir of the husband of the deceased defendant no.4; but, defendant no.1 being the son of the deceased defendant no.4, has the right to succeed under section 15 (1) (a) and would be the preferential heir. ..... in the 12th edition of mulla's 'principles of hindu law', it is stated, with reference to s.15 of the hindu succession act, at page 984, as follows: a 'stepson' is not entitled as 'son' to inherit to his stepmother as one of the heirs under this entry. ..... such magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery ..... explanation :for the purposes of this chapter, (a) "minor" means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his majority (9 of 1875); (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... dwarka das, air 1925 lahore 32, the lahore high court held that the sister is entitled to maintenance against the properties of her deceased father in the hands of her brother. 25. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... learned judge wrote: however, having regard to the earlier experience in india of attempts by the executive to influence the personalities and attitudes of members of the judiciary, and having regard to the successful attempts made in pakistan to control the judiciary, and having regard to the unfortunate results of the appointment of supreme court judges of the united states by the president subject to ..... that it is emphatically the province and essential duty of the superior courts to review or reconsider their earlier decisions, if so warranted under compelling circumstances and even to overrule any questionable decision, either fully or partly, if it had been erroneously held and that no decision enjoys absolute immunity from judicial review or reconsideration on a fresh outlook of the constitutional or legal interpretation and in the light of the development of ..... bench of this court takes an optimistic view that successive chief justices of india shall henceforth act in accordance with the second judges case, the only logical inference that can be drawn is that the law laid down by the second judges case was not faithfully followed by the successive chief justices, if not in all at ..... all conceivable cases, consultation with the highest dignitary in the indian judiciary the chief justice of india, will and should be accepted by the government of india, in matters relatable to the chapters and parts of the constitution referred to above. ..... parte walsh & johnson; in re yates, (1925 .....

Madan Gopal Kakkad Vs. Naval Dubey and anr.

Court : Supreme Court of India

Reported in : 1993(41)BLJR129; 1992(2)Crimes168(SC); JT1992(3)SC270; 1992(1)SCALE957; (1992)3SCC204; [1992]2SCR921

..... faced with the traumatic situation, the helpless panic stricken parents who have been so deeply disturbed by the dehumanising act of the respondent rushed with boiling blood to the house of the respondent accompanied by pws 7, 9 and 10 and searched for the respondent, but could not find ..... evening of the date of incident even though tulna reported to her mother that the respondent was a bad man and that he asked her to suck his penis, she did not reveal the other part of the incident relating to the commission of the rape obviously fearing that her parents would beat her. ..... as regards the evidence of pw 13 relating to the incident, the high court has accepted only one part of the accusations, namely, that the respondent asked tulna to be an active agent of oral copulation by sucking his penis, notwithstanding the fact that the high court without any compunction has accepted the evidence of pw ..... but she left out the alternative argument and stressed the first part of her submission that the offence made out is nothing short of rape punishable under ..... this is due to the reasons that children are ignorant of the act of rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children ..... the first explanation to section 375 of indian penal code which defines 'rape' reads thus:explanation -- penetration is sufficient to constitute the sexual intercourse necessary to the offence ..... [1925] 1185; .....

Prdda Rami Reddi and 3 ors. Vs. Gangi Reddi

Court : Chennai

Reported in : (1925)ILR68Mad722

..... that in some copies of sri krishna's commentary on the dayabhagha the maternal aunt's son is given a place higher than that accorded to the maternal uncle's son and the learned author points out that this order of succession is not only opposed to the authority of daya krama, sangraha, but on principle cannot be accepted.43 ..... observe that it is not necessary to express any opinion how far the proposition that preference should be given to cognates ex parte puterna over cognates ex pane materna, is in conformity with the express rule that in each class propinquity should be the governing factor, but it is noteworthy that the maternal uncle who was preferred by their lordships is a cognate ex parte materna and that the sister's son who was rejected in. favour of the maternal uncle, is a ..... the question to be decided in this case has reference to the priority in regard to succession to a deceased hindu, the competing claimants being his maternal uncle's son and his maternal aunt's son. ..... to the opening words of sloka 595the bandhus are mentioned in another smriti in the order of their propinquity.i cannot agree with the contention that the learned author intended in this passage to lay down the order of succession in regard to bandhus mentioned in each of the three categories. ..... it is desirable to clear the ground by stating the principles of succession among bandhus, at least such of them as may help to solve the question.3. ..... even, the south indian ancient sanskrit texts (e.g. .....

Madhavrao Raghavendra and ors. Vs. Raghavendrarao and ors.

Court : Mumbai

Reported in : AIR1946Bom377

..... sensible of the importance and justice of giving effect to long established usages existing in particular districts and families in india, but it is of the essence of special usages, modifying the ordinary law of succession, that they should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous evidence. ..... of the importance and justice of giving effect to long established usages existing in particular districts and families in india, but it is of the essence of special usages, modifying the ordinary law of succession that they should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous evidence. ..... a rational explanation for the command stated to be contained in the second part of the first line of verse 53, of yajynavalkya, there appears no reason to treat it differently from the first part, namely, that the girl should be free from disease and should have ..... their lordships dealt with the several decisions of the indian courts on that point and the opinions expressed by the different, commentators, ..... what is necessary to be proved is that the usage has been acted upon in practice for such a long period and with such invariability as to show that it has, by common consent, been submitted to as the established ..... channi bibi which was decided in 1925, the judicial committee of the privy council had occasion to consider the question of custom in .....

Jagar Nath Gir Vs. Sher Bahadur Singha and anr.

Court : Allahabad

Reported in : 153Ind.Cas.1078

..... tagore law lectures, 1880), page, 281, where the learned author says:if we carefully read the extracts from manu which we have given in another place we come to the irresistible conclusion that the line of succession after sons, father, brothers, the nearest of kin, the remote kinsmen, the preceptor or the pupil has entirely closed and there is no room for further admission. ..... the above citation from the wajib-ul-arz also shows that the line of succession is not governed by any special custom, that is; the devolution from guru to chela as is alleged by jagarnath gir but by the ..... , difficult to imagine of an illegitimate child provided there was no degeneration on the part of the woman so far as the caste was concerned. ..... (6) there are some indian authorities in support of the converse right of the illegitimate child to succeed to his mother's estate, and there is no direct authority negativing the right of the mother to succeed to ..... the plaintiff's pleader stated on october 15, 1925, that he would not produce evidence on ..... under these circumstances, we must act on the principles of equity and ..... can be performed only:when the chela has reached the years of discretion so as to be able to realise for himself the full significance of the final act of the renouncing of the world.10. ..... the soul of the father, from the torments of hell (put), and there was, therefore, an inordinate desire amongst the hindus of old that a son should be borne who would be capable of performing this act of deliverance. .....