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K.K. Thankappan and ors., Etc. Vs. K.S. Jayan and ors. Etc.

Court : Kerala

Reported in : AIR2003Ker114

..... the provisions of the travancore ezhava act, the cochin thiyya act and the cochin makkathayam thiyya act are very clear. ..... but, under the cochin thiyya act as well as the cochin makkathayam thiyya act valid marriage can be solemnised either by tying mangalyasutra or by mutual garlanding. ..... 'thiyyas domiciled in cochin except in chittoor taluk who follow makkathayam are governed by the cochin makkathayam thiyya act. ..... if the parties are governed by the cochin makkathayam thiyya act. ..... but, under the cochin makkathayam thiyya act marriage can be dissolved by mutual consent evidenced by a registered instrument attested by not less than two witnesses. ..... hence, an administration suit cannot be filed by one of the heirs to obtain possession of the property wrongfully withheld by another person claiming to be the heir'.it is seen that the decision in chand narain's case (air 1940 lahore 179) (supra) was affirmed by a division bench of the lahore high court in the decision reported in zamani begam v. ..... the principle laid down in chand narain's case (air 1940 lahore 179) (supra) was again considered by the lahore high court in the decision reported in . ..... amir bi's case (air 1928 mad 760j (supra) and also the decision reported in chand narain's case (air 1940 lahore 179) (supra). ..... 'as already stated, that question was again considered in the decision reported in chand narain's case (air 1940 lahore 179). ..... ghasi ram, air 1940 lahore 179. .....

V. Venugopala Ravi Varma Rajah Vs. Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1969SC1094; [1969]74ITR49(SC); (1969)1SCC681; [1969]3SCR827

..... there were several legislative measures in the states of travancore and cochin before those states merged with the indian union, and in the state of travancore-cochin after merger and in the state of kerala, making changes in the customary marumakkattayam law: these were the cochin makkathayam thiyya act 17 of 1115 (m.e. ..... under the business profits tax act 21 of 1947 and the excess profits tax act, 1940 also the hindu undivided family was made a unit of taxation. ..... the parliament in the present case having made the expenditure-tax act applicable to hindus governed by the law of the joint family, but not including mappilla families who are governed by the mappilla marumakkattayam act has not made any discrimination and the charging section is not liable to be struck down on the ground that the mappilla family may have to pay tax at a lower rate, whereas a hindu undivided family, by reason of the amalgamation of the expenditure of all the members of the family, may have to pay fax at a higher rate .....

N. Venugopala Ravi Varma Rajah Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : (1969)1SCC681a

..... there were several legislative measures in the states of travancore and cochin before those states merged with the indian union, and in the state of travancore-cochin after merger and in the state of kerala, making changes in the customary marumakkattayam law these were the cochin makkathayam thiyya act 17 of 1115 (m.p. ..... under the business profits tax act 21 of 1947 and the excess profits tax act, 1940 also the hindu undivided family was made a unit of taxation. ..... the parliament in the present case having made the expenditure tax act applicable to hindus governed by the law of the joint family, but not including mappilla families who are governed by the mappilla marumakkattayam act has not made any discrimination and the charging section is not liable to be struck down on the ground that the mappilla family may have to pay tax at a lower rate, whereas a hindu undivided family, by reason of the amalgamation of the expenditure of all the members of the family, may have to pay tax at a higher rate .....

Smt. K.N. Indira Devi and anr. Vs. Deputy Commissioner of Agricultural ...

Court : Kerala

Reported in : [1998]231ITR693(Ker)

..... the cochin makkathayam thiyya act (xvii of 1115) ;10. ..... the term 'joint hindu family' as defined under section 2 would take in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travahcore nayar act, ii of 1100, the travancore ezhava act iii of 1100, the nanjinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkathayam act, xxxiii of 1113 ; (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949 ; (3) an illom governed by the kerala nambudiri act, 1958, and (4) an hindu undivided family governed by the mitakshara law. ..... the cochin thiyya act, viii of 1107 ;9. ..... (iii) whether, on the facts and in the circumstances of the case, the deputy commissioner was justified in finding that the assessment completed by the assessing authority assigning the status of tenants-in-common is irregular on the ground that only male members can be coparceners and female members are excluded from the coparcenary ignoring as it were the provisions contained in section 4(2) of the kerala joint hindu family system (abolition) act, 1975, providing for a statutory disruption of a joint hindu family and per capita partition of the joint hindu family ..... the cochin marumakkathayam act (xxxiii of 1113) ;12. ..... the cochin nayar act (xxix of 1113) ;11. .....

Smt. K. N. Indira Devi and anr. Vs. Dy. Commissioner, Agricultural Inc ...

Court : Kerala

Reported in : (1998)147CTR(Ker)88

..... the cochin makkathayam thiyya act, xvii of 1115;10. ..... 2 would take in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travancore nayar act, 11 of 1100, the travancore ezhava act 11 of 1100, the najinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkathayam act, xxxii of 1113, (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949; (3) an illom governed by the kerala nambudiri act 1958; and (4) an huf governed by the mitakshara law.admittedly the original assessee belonged to an huf governed by mitakshara law and the properties income from which is proposed ..... the cochin thiyya act, viii of 1107;9. ..... the recommendation of the commission was as follows :'(i) the joint family system among the hindus governed by the kerala nambodiri act or the mitakshara law be abolished by legislation, replacing joint tenancies by tenancies-in-common;(ii) among the namboodiries all male and female members of the illom do become co-owners as on a given date each taking an equal share on a per capita basis; and(iii) among the hindus governed by the mitakshara law, all members of the joint family who are entitled to shares if a partition takes place on a given date be co-owners ..... the cochin marumakkathayam act, xxxiii of 1113;12. ..... the cochin nayar act, xxix of 1113;11. .....

Sankaranarayanan Vs. Ayyappan and ors.

Court : Kerala

Reported in : AIR1983Ker66

..... his legal heirs under the cochin makkathayam thiyya act were his wife deceased kurumba and children the plaintiff, defendants 1, 2, 3, 9 and deceased ..... but where the co-owner purports to be entitled to transfer the property as if he is the sole owner and the transferee comes into possession, though the transfer will legally operate as a conveyance only of the interest of the alienating co-owner, possession of the transferee from the moment of transfer will be adverse to the other co-owners because it is with an animus to hold adversely that the transferee would come into possession of the property and would therefore be holding the property with a hostile animus ..... to my notice that the alienation exhibit b1 was also for the benefit of the non-alienating co-sharers as it had been as recited in the document for the discharge of debts and liabilities charged on the suit properties and other properties, that the sharers had inherited from their father thupran.i need hardly state hat defendants 10 and11 are entitled to restoration of such benefits that would have accrued to the plaintiff on account of the discharge by them of debts and liabilities of the co-sharers mentioned in ext ..... is pointed out that even the document of assignment exhibit bi recognises the title of the plaintiff to a share in the properties and the parties to the document had without the consent of the plaintiff devised a method of paying him off for the value of his share. ..... died after the hindu succession act. .....

Shylaja Vs. Jayamohanathilakan

Court : Kerala

Reported in : AIR1975Ker1

..... a very short question is raised for determination in this civil revision petition by a hindu wife governed by the madras marumakkathayam act who married the respondent on 26-4-1970 at guruvayoor situate in what was originally known as south malabar and the husband was admittedly governed by the cochin makka-thayam thiyya act, xvii of 1115, for short, the act. ..... but perhaps it would not be out of place to refer to the wording of section 2 of the cochin thiyya act, viii of 1107. ..... so read 'such thiyyas' must mean such thiyyas as were referred to earlier in the section (thiyyas domiciled in cochin except the chittur taluk who follow makkathayam). ..... that section is in these terms:--'it shall apply to all thiyyas domiciled in cochin other than those who follow makkathayam, and to such thiyyas or others, whether so domiciled or not, as have or shall have marital relation with them. ..... section 2 speaks of 'all thiyyas domiciled in cochin except the chittur taluk who follow makkathayam and to such thiyyas, whether so domiciled or not, as have or shall have marital relations with them'. ..... 'with them' must refer to thiyyas domiciled in cochin except the chittur taluk who follow makkathayam. ..... from the preamble it is clear that the act will apply only to makkathayam thiyyas. .....

Kali Pennamma Vs. St. Paul's Convent in Palluruthy Vadakkummuri

Court : Kerala

Reported in : AIR1972Ker185

..... stated:'it is well settled by a series of decisions of the cochin high court that before the enactment of the cochin thiyya act, the makkathayam thiyyas (commonly known in the state as ezhavas) were governed by custom or usage and not by the strict principles of hindu-mithakshara law. ..... the court referred to scctipn 18 of the tra-vancore civil courts act, and held that, by virtue of the said provision and the corresponding provisions contained in the travancore-cochin civil courts act as well as the kerala civil courts act, the court was bound to apply the rules of hindu law, unless there was a custom modifying the same, since the parties were hindus. ..... if a community is governed by a statutory law which came into force after the succession opened, the provisions in the statute would be applied on the assumption that the law enacted by the legislature is in consonance with the custom accepted or acted on by the community or that it is in accordance with the principles of justice, equity and good conscience. ..... i shall quote one passage from a full bench decision of the cochin chief court in 21 cochin 1 (fb), which, in my view, contains a very clear statement of tbe correct legal position. ..... there is a similar provision in section 24 of the travancore-cochin civil courts act, 1951; but there is no such corresponding provision in the kerala civil courts act, 1958. .....

Mciver Vs. Kyger

Court : US Supreme Court

..... which the lands on page 16 u. s. ..... in the year 1806, daniel kyger and others, devisees of george kyger, party to the said contracts, filed their bill in chancery in the circuit court for the county of alexandria stating the contracts above mentioned, and stating further that the lot in alexandria had been duly conveyed; that thomas marshall had refused to act as a valuer; that the agent of watson had nominated john mcwhattan in his place; that in the year 1791 the said mcwhattan and buler proceeded to make a valuation by ..... the deposition of mcwhattan was taken by the defendant, and states that the valuers acted under the first agreement, and, to the best of his recollection, thought themselves bound to estimate the first rate land at no more than one dollar per acre ..... the defendant, in his answer, denies the authority of mcwhattan to act as a valuer, and there is no proof to support the allegation of the bill ..... marshall should die or refuse to act, the agent of watson in kentucky should nominate some other person in his .....

Mary Cheriyan and anr. Vs. Bhargavi Pillai Bhasura Devi and anr.

Court : Kerala

Reported in : AIR1968Ker82

..... . are we then to imagine that the customary marumakkattayam law would (even as informed by progressive statutes and progressive notions) be less steeped in maru-makkattalam traditions than the travancore nayar act of 1912, or the malabar nayar act of 1932, or the cochin nayar act of 1938, in the case of the latter two even of today since the presumptions enacted by the madras and cochin statutes are still in force ..... . reference has also been made to section 17 of the act which, it is said, contemplated a nayar female with children having separate property other than self-acquired property--it is said that the words, "self-acquired and separate" occurring in the section must be read as "self-acquired or separate" as in section 14 of the nayar act of 1088, in section 35 of the cochin statute, and in section 25 of the madras statute in which her children have no right and which, on her death, devolves by succession and not by surviorship ..... . it is all a question of intention, and, when the gift is by the husband of the woman the statutes enact a presumption of such an intention -- see for example, section 48 of the madras marumakkattayam act section 41 of the travancore nayar act of 1100 and sections 64 of the cochin nayar act .....