Court : Chennai
Reported in : (1902)ILR25Mad149
..... 'hindu law and usage,' 6th edition, paragraph 603) or by renunciation on his part acquiesced in by the remaining members, provided such renunciation and acquiescence are manifested by an overt act namely, the giving him 'some trifle' out of the family property (mitakshara, chapter ii, section ii, verses 11 and 12; stokes' 'hindu law books,' page 380; manu ..... as members of a joint family.10. the mitakshara doctrine of joint family property is founded upon the existence of an undivided family, as a corporate body gan savant bal savant v. narayan dhond savant i.l.r. 7 bom. 467 and mayne's 'hindu law and usage,' 6th edition, paragraph 270 and the possession of ..... is no reported decision bearing directly on the point, peddayya v. ramalingam i.l.r. 11 mad. 406 dictum at page 408 the principle generally recognized and acted upon is that though there can be no compulsory partial partition either in respect of the joint property belonging to the family, or in respect of the persons constituting .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR387
..... bearing upon this case, as section 129 of the act provides that nothing contained in that chapter should be deemed to affect any rule of muhammadan law.17. it now becomes important to consider whether the possession of the property ..... it upon the donee, must also be proved. see ranee khujooroomssa v. mussamut roushun jehan .16. reference was also made by the defendant's counsel to the transfer of property act, 1882, chap. vii. as to gifts, and to certain cases decided under it which show that by the hindu law delivery of possession is not essential. but they have no .....
Tag this Judgment!Court : Kolkata
Reported in : 4Ind.Cas.466
..... fide intention on the part of the donor to divest himself in presenti of the property, and to confer it on the donee. the question whether the transfer of property act was applicable was apparently not considered in mahomed esuph ravutan v. pattamsa ammal 23 m. 70 nor is it stated whether the deed of gift in that case was registered ..... transactions do not require delivery of possession, but, if it be granted that they were sales, they must come within the provisions of section 54 of the transfer of property act. that they are sales seems to us to follow from the definition given in that section and besides the section the following authorities may be cited, namely, macnaghten's mahomedan ..... is invalid by reason of the fact that possession was not delivered. if it is a sale or exchange, it is invalid under the provisions of the transfer of property act.4. it appears to us that the so-called gift was a sale. according to the plaint it was made in consideration of a dower debt of rs. 49, and .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR169
..... ' meaning, though it is possible that this was also treated as part of the proof supporting the conclusion that the alleged gift was fictitious and never intended to be acted upon. speaking generally a restrictive clause in such deeds of gift is sometimes treated as inconsistent with the legal validity of the gift as a whole, and sometimes the ..... the law regards as valuable; delivery of possession was therefore not necessary. the rest of the judgment deals with the application of section 53 of the transfer of property act. though their lordships do not say so, and seemingly were not reminded of the gift for consideration recognised by the mahomedan law, they appear to have held that was ..... and effective way, or certainly may be, of evading the law of succession. and when courts find that in fact so called gifts of this kind have not been acted upon till the death of the donor, they would, i apprehend, incline very strongly to hold that the gift was merely a cloke, and that, if effect were .....
Tag this Judgment!Court : Kolkata
Reported in : 15Ind.Cas.698
..... ought not to be treated as a hiba bil-iwaz but as a deed of sale, and that, consequently, notwithstanding the provisions of section 129 of the transfer of property act, the validity of the instrument ought to be tested with reference to the provisions of section 54 of the transfer of property ..... act which provides that there may be a valid sale by delivery of the property. in our opinion, there is no force in this contention. the document in this case cannot .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR527
..... a young widow, taj maharaj.6. at the date of his death he made a will appointing five gentlemen as his trustees. one of these, ranh sahib, declined to act; the other four obtained probate of the will on 2nd december 1897. these were messrs. tilak, khaparde and kumbhojkar, the appellants. the fourth, mr. nagpurkar, while remaining ..... is our unanimous opinion that one should not be taken from any other family. and shri tai maharaj is of the same opinion.shri tai maharaj suggests that messrs. bal gangadhar tilak and ganesh shrikrishna khaparde should both go to babre, select boys, and return after settling as regards that family.shri tai maharaj should go, see boys ..... , that on the 27th there was selection and verbal gift, and acceptance, and preparation of necessary documents. on the 28th there was execution of documents under corporea acts of giving and taking.20. in their lordships' view these conclusions are well justified.21. it is an admitted fact in the case that neither the trustees nor .....
Tag this Judgment!Court : Chennai
Reported in : AIR1916Mad903; 30Ind.Cas.41
..... in revision. this raises the question of the power of the high court to interfere in revision under section 115, civil procedure code, and section 15 of the charter act. section 115, civil procedure code, empowers the high court to call for any case which has been decided by any court subordinate to such high court and in which ..... the question as to whether the contract had become void or impossible of performance and whether by reason thereof the plaintiff was entitled under section 65 of the contract act to the recovery of the amount actually advanced.2. mr. t.r. ramachandra iyer, who appeared for the defendants in the lower court, states that till ..... or become impossible of performance and that consequently plaintiff was entitled to a return of the money actually advanced under the provisions of section 65 of the contract act, was never raised or was in the contemplation of the parties. upon these pleadings issues were settled and one of the issues, was whether the suit agreement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All421
..... 375. the instrument was sent to the collector, who considered it to be a release and referred the case to the board of revenue under section 56(2) of the act. the chief controlling revenue authority give it as their opinion that the two deeds read together constitute an instrument of partition liable to a duty of rs. 375 under article ..... 45, schedule i, of the stamp act. but as they consider the question as one of some difficulty, the case has been referred to this court. no one appears on behalf of the chief controlling revenue authority ..... we have carefully considered their contents and we are satisfied that as the deeds stand, they are instruments of release within the meaning of article 55, scheduler, of the stamp act. the case as put by the lady in her deed is that under the mayukha law, she is the owner of the property left by the deceased mathura das. the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal240,70Ind.Cas.194
..... this connection, we cannot overlook that although the judgment in the suit, by karimannessa against abdul kader, is admissible in evidence under section 13 of the indian evidence act, the findings contained therein cannot be treated as part of the evidence in this case. as was explained in kasi nath pal v. jagat kisore acharjee 35 ind. ..... might have been anticipated, denies that she became an attesting witness. we are not able to hold, in these circumstances, that the subordinate judge should not have acted on the evidence of abdulla khan. but it has been urged that great suspicion attaches to the document by reason of the diversity between what purports to have ..... registered on the 26th july 1899. on the 22nd march 1900 asia was, on her application, appointed by the district judge as guardian under the guardians and wards act, 1890, to administer the estate of her infant sister, sufia, during her minority, which,' it was stated in the certificate, would continue until the 13th december 1906 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All493; 129Ind.Cas.707
..... know that such an imputation about a woman would harm her reputation.3. next we come to the provisions of section 132, evidence act. two matters are to he kept in mind:(1) that the matter about which the witness makes a statement is relevant to the ..... when his own counsel was examining him. he further elaborated how mt. jamna's boy had to be smuggled in. he said that bal makund's wife gave birth to a female child which could not be taken, and mt. jaggo's husband's sister had a miscarriage ..... own and finally, the choice falling on a son of ml jamna of amritsar. he stated that three women were approached, one was bal mukand's wife another mt. jamna of amritsar and a third mt. jaggo's husband's sister. this was in examination-in-chief ..... within the definition of defamation given in section 499, i.p.c., and (2) that the statement was privileged under section 132, evidence act.2. it was admitted, as it could not be otherwise after the decision of the full bench of this court in emperor v. ganga .....
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