Hindu Personal Law

 

 

Section-480

(a) Contention raised as to prohibition on the adoption of a daughter’s son by a Hindu father, a Vaishya not a Sudra being void abinition, whether principle of factum valet is applicable to this case. [Paras-3 & 7]

(b) Hindu Law—Section 480(3)— Prohibition on adopting a daughters son— objections to the adoption raised on the first time after 87 years rejected—whether a defence cannot be based by limitation in case of adoption. [Paras-4 & 7]

S.K. Chowdhury & Ors. Vs. S. K. Chowdhurij & Ors. 2 BLT(AD)-9                                                                                                                                  

Section-205

Reversionary heirs—defendants Patani Sundari Dassaya had life interest in the suit land, alienation of the suit land to the transferee Shibnath is valid during the life time of the transferor Patani Sundari Dassaya and the same will not be binding upon the reversionary heirs after her death, in the meantime the protection of the property the reversionary heirs can perused other legal remedies if occasion arises for the same. [Para-6l

Sharashibala Sarker & Ors Vs. Patarii Sundari Dassaya & Anr. 6 BLT (AD)- 131

 

Hindu Personal Law on Marriage

Requisites of a valid Hindu Marriage — there was a marriage ceremony between the parties in the temple of the deity kali in presence of many persons — It is obvious that nuptial rites in Hindu Shastra are so complicated that an exact observance of their details is not easy and is beyond the comprehension of the ordinary participants or the attendants of the ceremony. But once the celebration of a marriage in fact is established there shall be a presumption of there being a marriage in law and observance of the essential ceremonies. [Para- 17]

Utpal Kanti Do.s Vs. Manju Rant Do.s 5BLT (AD)-283                                                                                                                                            

Hindu Law on Will

Proof of will—The long delay, for probate—Admittedly. except P.W. 1 no one was examined among the 8 attesting witnesses to prove attestation of the alleged will and, no explanation was given for their non- examination even though the law required that at least two attesting witnesses each of whom saw the testator sign or affix his mark should be examined by the pro- founder of the will. The long delay of 15 years in filing the application for probate was not explained. The alleged will was found not to be physically genuine. [Para-9]

Sree Bhagirat Barmart & Anr Vs. Sree Haricharan Barinan 6 BLT (AD)-25 1

 

Hindu Widow’s Estate

A widow residing at the residence of her deceased husband cannot be termed as acquiring property adverse possession. [Para- 5]

Mohammad Shamsul Haque Vs. Haron Chandra Dey 4 BLT (AD)-139

 

Hindu Law

Principle of Hindu Law—In respect of Deity

A Deity has also right of its own to have a suit instituted or defended by a next friend. In case of family Deity, even a worshipper other than the Shebayet or members of the family in a proper case may apply to the court for being appointed as the next friend to protect the interest of the Deity and in such a case a duty is cast upon the court to examine as to whether if such worshipper if so appointed the interest of the Deity would be adequately protected. [Para- 10]

Falguni Majumder Vs. Mokbul Hossain Biswas & Ors 7 BLT (AD)-12.

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