Coherent Identifier About this item: 20.500.12592/4jtd3w

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

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Summary

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

Title Pages Author/Editor
Frontmatter 1-ii unknown

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The Rule of Benefit to the Estate as Applied to Mitakshara Law of Validity of Alienations Made by Managing Coparoeners 1-6 Thakur Dubay

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Central Provinces and Berar Relief of Indebtedness Act a moot point 6-8 D.V. Shidore

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Reviews 8-i unknown

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Law Reporting 9-10 unknown

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Prospective Objection 11-15 unknown

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Reviews 16-16 unknown

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Estoppel Against a Minor Tenant 17-20 Sardari Bhatia

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Separation of the Judiciary from the Executive — An Urgent Necessity 20-23 V.P. Shukla

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Reviews 24-24 unknown

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How Far it is Lawful to Chastise the Wife Under the Mahomedan Law 25-27 Jatindra Datta

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Reviews 27-28 unknown

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Legal Position of Unorthodox Marriages Contracted by Hindu Males and Hindu Females 29-32 Brijlal Gupta

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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

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“Oral Adoption” of a Hindu Daughter’s Son 34-36 R.V.V. Tatachariar

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Partition Suit by a Hindu—How Far Affected by the Birth or Death of a Coparaener Pending the Suit 37-38 Rcchaldas Karamchand

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Buddhist or Hindu Marriage—Subsequent Conversion to Christianity—Whether Indian Divorce Act Applies 39-40 S.C. Manchanda

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Interest in the Case of a Possessory Mortgage 41-44 Ram Ranade

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The Effect of the Amendment of S. 53 T. P. Act on O.21 R. 63 C.P.C. 45-48 Rachury Rao

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Some Aspects of Our Profession 48-50 Nirmala Sen

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A Critical Note on A. I. R. 1939 Lahore 539 50-51 Milkhi Rao

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Reviews 51-52 unknown

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Lectures Delivered to the Advocates High Court Madras Under the Auspices of the Bar Council Madras 53-67 K. Rao

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A Sketch 68-74 Justice Wodsworth

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Protection given to Crown servants under S. 270 of the Government of India Act 1935 74-76 R.K. Bose

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The Hon’ble Mr. Justice Ghulam Hassan 77-78 unknown

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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

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The Reversioner’s Right to Mesne Profits Against the Alienee from a Hindu Widow 85-87 B.R. Patwardhan

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’Property’ in the Indian Penal Code 88-89 V.B. Raju

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Period of ’sixty Years’ 89-92 Ram Ranade, Jhon Prizeman, Ellies Prizeman

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Tags

law

Pages
119
SARF Document ID
sarf.100041

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