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
- 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 |