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Controller Of Estate Duty vs Madhusudan Das Malpani on 30 June, 1993

18. For all the above reasons, we answer the two questions referred to us in the negative, that is, in favour of the Department and against the contentions advanced on behalf of the accountable person. Our answer to question No. 1 is that on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was not justified in holding that there is no finding in the Supreme Court judgment in the case of Madhusudan Das v. Narayani Bai, AIR 1983 SC 114, about the validity or invalidity of the trust known as Seth Mannulal Jagannath Das trust.
Madhya Pradesh High Court Cites 11 - Cited by 0 - D M Dharmadhikari - Full Document

Ajit Datt vs Mrs. Ethel Walters (Decd.) Through ... on 28 September, 2000

Adoption by a Hindu converted to Christianity as a matter of fact, is not opposed to the philosophy and ethics of Christianity. the essence of which lies in the principles of non-violence, love, compassion, sacrifice, service to suffering humanity, truth, goodness and beauty which have endured the Christianity as a religion for long, and not the rituals prescribed for entering into the order of Christianity nor even the rules governing civil life of the Christian community. In case the convert has chosen to abide by the customary law of adoption, then the validity of adoption would be tested on the anvil of requisites of adoption as prescribed by the custom and in case, there exists no such custom, a childless Hindu converted to Christianity may in exercise of his fundamental right to life, adopt a child and in the case the only formality in order to constitute valid adoption would be a physical act of giving and taking "a ceremony Imperative in all adoptions" and this requisite is satisfied in it s essence only by actual delivery and acceptance of boy and since an adopted child seeks to displace the natural succession of property by alleging adoption, he must discharge the burden that lies upon him by proof of the factum of adoption and its validity. The evidence in proof of the adoption should be free from all suspicion of fraud and so consistent and probable as to give no occasion as to doubting the truth Madhusudan Das v. Narayani Bai, AIR 1983 SC 114. I am, therefore, of the view that customary law applicable to Indian Christians before their conversion to Christianity, will continue to govern them in matters not specifically covered by any principle or tenet of Christianity being professed by the individual concerned provided that such customs and usages remained in vogue even after conversion. It may be pertinent to refer to the introductory passages of the Hindu Adoption and Maintenance Bill in which it has been stated thus : "Indian Majority Act. 1875, exempted adoption from the purview of it s provisions while Indian Succession Act. 1925, specifically recognised the Hindu usage of adoption". Reference may be had to Schedule III of the Act.
Allahabad High Court Cites 48 - Cited by 4 - G P Mathur - Full Document

Ajit Kumar Maulik vs Mukunda Lal Maulik And Ors. on 20 November, 1987

In this particular case the learned Judge has omitted to consider several glaring facts and as such on the basis of the decision of the Supreme Court in the case of Madhusudan Das (supra), it cannot be stated that the findings of the trial court should prevail in this case as the appellate court does not enjoy the advantage of observing the manner in which the witnesses gave their testimony in the court below.
Calcutta High Court Cites 16 - Cited by 7 - Full Document

Sabhapati Verma vs Ved Prakash on 24 January, 2025

36. The Hon'ble Supreme Court, in the case of Madhusudan Das vs. Smt. Narayani Bai and others (Supra), has held that in an appeal against the trial court decree, when the appellate court considers an issue turning on oral evidence, it must bear in mind that it does not enjoy the advantage which the trial court had in having the witnesses before it and of observing the manner in which they gave their testimony, therefore, the appellate court can interfere only on very clear proof of mistake by the trial court. The relevant paragraph 8 is extracted hereinbelow:-
Allahabad High Court Cites 36 - Cited by 0 - R Kumar - Full Document

Smt. Kiran Singh vs Smt. Anjushree Banerjee on 24 March, 2026

13. This Court also takes note of the judgments relied upon by learned counsel for the appellants in support of their submissions. Reliance has been placed on Madhusudan Das v. Narayani Bai (supra) to submit that an Appellate Court, while reversing findings of the Trial Court, must assign cogent reasons and cannot disregard material evidence or substitute its own conclusions without proper analysis.
Patna High Court Cites 29 - Cited by 0 - Full Document

Union Of India vs Late Sh. Bhagmal (Deceased) on 30 May, 2008

q)v0w o'n t1w x r q%v yzn)v 12 biswas { |4} ~70€‚ „ƒ {%…Q† M{% ‡ˆ{-| Khasra No. 84 & 90 ‰ ŠŒ‹ original plaint Ž‘“’ ”'• – —%”'˜ š™ permanent injunction ›0œ specific area or Khasra No.  ž Ÿ 0¡ ¡)¢ £ ¡)¢P¤H¥M¦%¢0¡ §%¨ © ¨«ª'¬z­®¨°¯ ±²¡-³#¡%´µ´¶¥ ¢ · ¤š¦ Madhusudan Das Vs. Smt. Narayani Bai & Others (Supra) ¸ ¹ ºM» ¹ ¹-¼ ½ ¾0¿ ¿)À Á'¿NÂúM¿ Ä ¾ Å Æ Â ¼ º ÀPÇHº ÈQȵÉʺ‘Ç˹ ¼ ½ ¾ ¿ ¿%À̽ÎÍ ¾ Ïк‘ÇQǚ¿ ÄÒÑ)ÀÓ¾ ¿%¹ ¼NÂ È²Ñ ÈÕÔpÖÐ×7ǵ¹-¼0ÇØÇ“¹0¿ ÅÙÁ'¿7ÂTºM¿ Ä È#Ñ%Á Ǔ¹ ¼ Ç7È ºÚÀ ÄNº À-ÛÜÑ-È7Ț¼1»ÝÇ ¼%ÁHÁ º Þ-¿ Äß¼ ÇØ¾PÅàǓ¹0¿ áÎÄ%â-ã²Á¶º ¼NÂÎä4Ñ7Í ÁQÇå½0¹ Ñ7Í ÂæÄ À Ñ Ç ¾ ¿çº À Ç#¿)ÁQÈ#¿%Á'¿ ÄÙ¾PŠǓ¹0¿éè Æ Æ ¿7Âà¼0ǚ¿eä4Ñ7Í ÁQǵâ`׿Ç˹ ¼ ½ê¾ ¿ ¿%Àé½0Í ¾ Ïк Ç Çš¿ ÄéǓ¹ ¼ Ç Ç“¹0¿)Á'¿ëºT½ÙÁ'¿-È#¿%Á#¿%À0»ì¿e¸ ¹ ºM» ¹„ºT½Óº À Ț¼0Þ-Ñ7Í ÁËÑ ÈíÔîÀ ºMÑ%ÀçÑ-ȏ׌À0Ä7ºM¼%â ׌ÀÒǓ¹ ºT½ »Î¼ ½P¿ïǓ¹0¿%Á#¿ßºT½ïÀ Ñ ÄNº Á'¿ »ðÇñ»ìÑ%ÀìȶÂúM»ÝÇ%Ñ-È%Ñ%Áš¼ Âì¿ Þ ºæÄ ¿%À » ¿)â1ä4¼ ½P¿ Ñ ÈòÔîÀ ºMÑ)ÀÐÑ-È ×ŒÀ0Ä7º ¼óºT½Ù¿%À Ç º Á'¿7‘Åô¾-¼ ½P¿ ÄóÑ)ÀëÄ Ñ »-Í Ï ¿%À ǚ¼%ÁŒÅë¿ Þ ºMÄ ¿)À0»ì¿%â²ã²¹0¿)Á'¿õºT½öÀ Ñ ÷ Í ¿N½øÇHºMÑ%À Ñ-Ȅ»ìÑ%À È ÂúM»ðÇô¾0¿-nj¸ù¿ ¿)À Ñ%Áš¼ ˆ¿-Þ1ºMÄ ¿)À0»ì¿%âßã²¹ ºT½Aú®Í-Ä Û1¿)Ï ¿%À Ç ¸ùÑ7Í ÂMÄÓÀ Ñ Çp¼ Æ Æ Â‘Åjº ÀˆÈš¼0Þ-Ñ7Í Á`Ñ-ÈzÁ#¿ ½ Æ Ñ)À0Ä ¿)ÀPÇ ½üû Æ Â ¼NºÚÀ Ç º È ÈHâçã²¹0¿ýá0Ä%â7ã²Á¶º ¼N ä4Ñ7Í ÁŒÇ ¾ ¼ ½þ¿ Ä º‘Ƕ½ » Ñ)À0» ÂÚÍ ½ÎºMÑ%À Ñ%À º À ¼ Ä%ÏкT½ì½ìº ¾ ÂM¿ ¿-Þ1ºMÄ ¿)À0»ì¿%ÉÿÂú ð¿ ǚ¿ ½ ÇHºÚÏ Ñ)ÀPÅýÑ-È p¼%Ï WºT½0¹-¼7À É Ê¼7À »-¹ À ¼7Ï༠¿ ǚ»-â ã²¹1ºT½ ú®Í Ä Û1¿%Ï ¿)ÀPÇùºT½ À Ñ Ç%¼ Æ Æ ÂúM»Î¼7¾1ÂM¿êºÚÀ Ǔ¹0¿ïȚ¼1»ÝǶ½¼7À0Ä » º Á'»-Í Ïï½ Çš¼%À0»ì¿ ½ùÑ È1ǵ¹1ºT½ù»ì¼ ½þ¿)â â APPLICATION OF UNION OF INDIA, LAND AND DEVELOPMENT OFFICER AND DELHI DEVELOPMENT AUTHORITY FOR ADDITIONAL EVIDENCE Contd...........
Delhi District Court Cites 30 - Cited by 0 - Full Document

Smt. Bai vs Smt. Nirmala And Others on 26 September, 2011

For the reasons and conclusions as drawn hereinabove and in view of the law explained, the Courts below while reversing the order of the trial court have not adverted to the issues indicated hereinabove. The status of inheritance of the petitioner-plaintiff from her late husband along with her son Kali Charan would be governed by the provisions of Section 171 (2) (a). The issue relating to remarriage as believed by the trial court had to be dealt with in the light of the legal position as explained in the case of Madhusudan Das (Supra). The mode of succession has, therefore, to depend upon the factum of the date of remarriage and the transactions entered into. It will have to be seen as to whether Nirmala could have disposed of the entire property, if she was entitled to do so, including the share of the plaintiff to which she was entitled by virtue of being the widow of Chedi. The courts below having considered the issue of title on the basis of mutation orders was also uncalled for.
Allahabad High Court Cites 15 - Cited by 0 - A P Sahi - Full Document
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