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.

Hindu Personal Law

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.

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



(b)
Hindu Law—Section 480(3)— Probation on adopting a daughter’s 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.

S.K Chowdhury &
Ors. Vs. S. I Chowdhury & Ors. 2BLT (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.

Sharashibala Sarker
& Ors Vs. Patani Sundari Dassaya & Anr. 6BLT (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.

Utpal Kanti Das Vs.
Manju Rani Das 5BLT(AD)-283

Hindu Law on Will

Proof of
will—The long delay, for probate— Admittedly, except P.W. I 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.

Sree Bhagirat Barman
& Anr. Vs Sree Haricharan Barman 6BLT (AD)-251

Hindu Widow’s Estate

A widow
residing at the residence of her deceased husband cannot be termed as acquiring
property adverse possession.

Mohammod Shamsul
Hague Vs. Haran Chandra Dey 4BLT (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.

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

Hindu Law on Religious and Charitable Trust

Whether any person
other than a shebait can prosecute a suit as a next friend of the deity.

In the
instant case, most of the shebaits have already left the country or have since
died. A few who are in this country are dormant and Hindu Personal Law have not
been taking any interest in the cause Bengal School of the deity and play its
next friend, in the circumstances Pradip Kumar Chakraborty who is admittedly a
Puja and a worshipper of the deity and has offered himself to act as next
friend of the deity can by no means be precluded from representing the deity as
such.

Sri Sri Dasha Bhuja
Mata Vs. Jamila Khatun Bibi & Ors. 9BLT (AD)-211

Hindu Personal Law

Legal
necessity – recital in the instance case one transaction by Exhibit-B, where
transfer is challenged after lapse of considerable long time then recital in
the document being of long past can legally be considered, in the light of observation
in the case reported in AIR 1916 P.C. 110. genuine and the court may taking the
recital along with the circumstances go for making its decision as to validity
of the deed.

Jitendra Nail,
Mistry vs. Abdul Maleke Howlader & Ors. 10BLT (AD)-150

Hindu Personal Law

Legal and valid
adoption

There
must be physical act of giving and receiving, is absolutely essential to the
validity of an adoption.

Bela Rani Saha &
Ors Vs. Gopal Chandra Saha. 7BLT (HCD)-131

Condition for taking an adoption

Dayabhag
School of Hindu Law — conditions to be fulfilled for taking an adoption-_A wife
cannot adopt a son to her husband during her husband’s lifetime except with his
express consent.

Bela Rani Saha &
Ors Vs. Gopal Chandra Saha 9BLT (HCD)-131

Hindu Personal Law

Bengal School

Whether as sisters they could inherit lawfully
the estate left by their brother.

Section
25 of Mullas Principles of Hindu Law says according to the Bengal School there
are only five females who can succeed as heirs to a male, namely 1. Widow 2.
Daughter, 3. Mother 4. Fathers mother and 5. Fathers fathers mother. Three more
were added to the list by the Hindu Law of inheritance (Amendment) Act, 1992,
namely, the Sons daughter, daughters daughter and sister. Section 88 of the
same Book provides the order of Succession among Sapindas. There is no mention
of sister. Absence of sister there only to indicate the heirs in whose
presence, a sister is excluded. Section 88 does not take away the right of a
sister as recognized under section 25. Under section 25 sisters are entitled to
inherit the estate of her brother.

Md. Abdur Rahman
Mondal Vs. Sreemoti Renu Bala  Barman
& ors. 9BLT (HCD)-290

Hindu Personal Law

Debutter —Proof of
dedication

High
Court Division observed that in the instant suit, the plaintiffs save and
except stating that the dedication was made orally failed to adduce any
evidence to prove that the suit property was dedicated to Deity; it is the case
of the plaintiffs that dedication was made in the year 1956 and so this
dedication is not so old to suggest that no materials could be available —we
are of the view that the High Court Division, on proper consideration of the
evidence and the materials on record arrived at the correct decision.

Probir Kumar Basak
Chowdhury Vs. Thana Nirbahi Officer & Ors 16 BLT (AD)94



Evidence — Legal and valid adoption

The
Court of appeal below relied upon Ext.Ka, an affidavit alleged to have executed
by Mrinalini on 17.07.1975 ext-Kha, an application before the village court,
ext-ga’ an application under Section 107 cr. P.C. filed by the plaintiff Grija
Mohon Saha in the Criminal Court,. ext ‘Gha’ a school leaving certificate of
the defendant and ext-‘Uma’ the voter list, as the reliable evidence for a
legal adoption — Held: those documents as relied by the court of appeal cannot
be the basis for deciding whether the defendant the adopted son of Mrinalini or
of Grija

Mohon
Saha,

Bela Rani Saha &
Ors Vs. Gopal Chandra Saha. 9BLT(HCD)-131

Hindu Women Rights to the Property Act, 1937
Section-3

The suit
property was inherited by plaintiff and defendant No.1 from Haridash Roy
Chowdhury. Plaintiff is the widow of Haridash Roy Chowdhury and defendant No. 1
is her step son—the plaintiff is entitled to partition, even though she has
only life interest in the property left behind by her husband.

Bina Roy Chowdhury
Vs. Amullya Roy Chowdhury & Ors. 7BLT (HCD)-80

Hindu Law In Dayabhag Law

Admittedly,
plaintiffs father and uncle were in joint mess and there was no partition
amongst themselves as co-sharers. According to Dayabhag Law, father can dispose
of ancestral property plaintiffs uncle being in joint family can also dispose
of his ancestral by sale, gift and will or otherwise.

Srimati Aroti Rani
Paul. Vs Sree Sudarshan Kumar Paul & Ors. 13 BLT (AD)36

Imposition of Cost

We find
from the judgments of the High Court Division that seizure of gold ornaments
from a citizen of Bangladesh is not authorised by customs law and there is no
breach of any prohibition or restriction of Customs Act. The High Court
Division found the seizure of gold ornaments to be mala fide and illegal and as
such we do not like to consider the question of imposition of costs in the
facts of the present case. Every public official must act within the four
corners of law.

Collector of Customs
Vs. Shammi Ahmed & Ors. 7BLT (AD)-240

Interest of Public Revenue

Customs
duty—Personal guarantee—Held: We have, inter alia, observed that personal
guarantee is a very weak and uncertain security which should be avoided in the
best interest of public revenue.

Commissioner of
Customs & Ors Vs. SARC Enterprise 7 BLT (AD)-366.