cover image: The All India Reporter  1940 - Journal Section  Containing Short Notes and Comments  Original Articles  Critical Notes  Imperial Acts  Reviews of Books Etc.  Citation: A.I.R. 1940 Journal

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The All India Reporter 1940 - Journal Section Containing Short Notes and Comments Original Articles Critical Notes Imperial Acts Reviews of Books Etc. Citation: A.I.R. 1940 Journal

1940

The same mischief of dissociation of lawyers and Judges from the study of the original Smritis of Hindu law and from those of the authoritative commentaries thereon which I pointed out in my earlier Article on the law of Avyavaharika Debts of Hindu Law appearing in these reports is responsible for the awful conflict of judicial views and for the violent digressions of judicial decisions from the m [...] In order to appreciate and understand the real sense and import of the spirit of Hindu law on this subject we should get at the original texts of Smritis and of the views of standard commentators on the subject of ownership of coparcenary property and of the relative rights of coparceners and of their powers of disposal therein. [...] Sulaiman C. J. while dealing with the question of benefit to the estate in the Full Bench case in 1932 A L J 8952 took hold of the text of the Smriti itself and emphasized on the words for the sake of the family (kutumbarthi). [...] The creditors are sure to argue that it is not the province of a Court to scan the wisdom or the policy of the law and that it is the duty of the Court to interprete the language of the Legislature as it stands and neither to add to it nor to take away from it. [...] There the Court of Appeal ordered a new trial on the ground of misdirection to the jury by the Judge in the Court below who iaad acted upon insufficient extracts from judgments as given in the report of a case appearing in a professional but non- legal journal and which extracts—when compared with a complete transcript of the judgments as delivered—conveyed an erroneous impression of the scope of

law
Pages
119
Published in
India
SARF Document ID
sarf.100041
Segment Pages Author Actions
Frontmatter
1-ii unknown view
The Rule of Benefit to the Estate as Applied to Mitakshara Law of Validity of Alienations Made by Managing Coparoeners
1-6 Thakur Dubay view
Central Provinces and Berar Relief of Indebtedness Act a moot point
6-8 D.V. Shidore view
Reviews
8-i unknown view
Law Reporting
9-10 unknown view
Prospective Objection
11-15 unknown view
Reviews
16-16 unknown view
Estoppel Against a Minor Tenant
17-20 Sardari Bhatia view
Separation of the Judiciary from the Executive — An Urgent Necessity
20-23 V.P. Shukla view
Reviews
24-24 unknown view
How Far it is Lawful to Chastise the Wife Under the Mahomedan Law
25-27 Jatindra Datta view
Reviews
27-28 unknown view
Legal Position of Unorthodox Marriages Contracted by Hindu Males and Hindu Females
29-32 Brijlal Gupta view
The Liability of a Subscriber to the Memorandum of Association of a Company as a Member in the Absence of Express Allotment of Shares to Him
33-34 K.R. Vepa view
“Oral Adoption” of a Hindu Daughter’s Son
34-36 R.V.V. Tatachariar view
Partition Suit by a Hindu—How Far Affected by the Birth or Death of a Coparaener Pending the Suit
37-38 Rcchaldas Karamchand view
Buddhist or Hindu Marriage—Subsequent Conversion to Christianity—Whether Indian Divorce Act Applies
39-40 S.C. Manchanda view
Interest in the Case of a Possessory Mortgage
41-44 Ram Ranade view
The Effect of the Amendment of S. 53 T. P. Act on O.21 R. 63 C.P.C.
45-48 Rachury Rao view
Some Aspects of Our Profession
48-50 Nirmala Sen view
A Critical Note on A. I. R. 1939 Lahore 539
50-51 Milkhi Rao view
Reviews
51-52 unknown view
Lectures Delivered to the Advocates High Court Madras Under the Auspices of the Bar Council Madras
53-67 K. Rao view
A Sketch
68-74 Justice Wodsworth view
Protection given to Crown servants under S. 270 of the Government of India Act 1935
74-76 R.K. Bose view
The Hon’ble Mr. Justice Ghulam Hassan
77-78 unknown view
A Critical Note on A.I.R. 1940 Patna 324 (F B) (Scope of S. 70 Contract Act : If it Applies to Minors)
79-84 Rajkishore Prasad view
The Reversioner’s Right to Mesne Profits Against the Alienee from a Hindu Widow
85-87 B.R. Patwardhan view
’Property’ in the Indian Penal Code
88-89 V.B. Raju view
Period of ’sixty Years’
89-92 Ram Ranade, Jhon Prizeman, Ellies Prizeman view

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