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Documents citing Sahu Madho Das And Others vs Pandit Mukand Ram And Another(And ... on 22 March, 1955

Arvind Chandulal vs Commissioner Of Income-Tax, Gujarat on 18 August, 1981

In our opinion, this decision in [1979] 117 ITR 784 (SC), does not in any way go contrary to the conclusion which is arrived at by us in the light of the decision of the Privy Council in Rani mewa Kuwar v. Rani Hulas Kuwar [1874] LR 1 IA 157 and Khunni Lal v. Gobind Krishna Narain [1911] LR 38 IA 87, approved by the Supreme Court in Sahu Madho Das v. Mukund Ram, AIR 1955 SC 481. It was contended on behalf of the Revenue by Mr. Desai that there was an estoppel against Arvind pleading contrary to the family arrangement and the title of Arvind was only by the family arrangement and there was no passing of the property contrary to the family arrangement. Even against outsiders, that is, the income-tax authorities, he was estoppel from contending that he is not the absolute owner. There was election to become an absolute owner and the assessee having elected to do so, he cannot result from that position. He said that Arvind who was a minor at the time of the family arrangement after arranging majority continued to receive the benefit of the family arrangement and, therefore he must be deemed to have elected to revive the family arrangement.
Gujarat High Court Cites 14 - Cited by 4 - Full Document

Sh. Suraj vs Sh. Laxman on 31 May, 2022

18.Now turning to the plea of family arrangement, as observed by this Court in Sahu Madho Das v. Pandit Mukand Ram the courts lean strongly in favour of family arrangements that bring about harmony in a family and do justice to its various members and avoid, in anticipation, future disputes which might ruin them all. As observed in that case the family arrangement can as a matter of law be inferred from a long course of dealings between the parties.
Delhi District Court Cites 14 - Cited by 0 - Full Document

Smt. Santosh Tyagi vs Sh. Tapesh Kumar Tyagi on 25 August, 2018

xxxxx "Now   turning   to   the   plea   of   family   arrange­ ment,   as   observed   by   this   Court   in  Sahu Madho   Das   v.   Mukand   Ram  the   Courts   lean strongly in favour of family arrangements that Suit No. 436/2017                                         Page 36 of 52 Santosh Tyagi V. Tarun Kumar Tyagi & Anr. bring about harmony in a family and do justice to its various members and avoid, in anticipa­ tion,   future   disputes   which   might   ruin   them all.   As   observed   in   that   case   the   family   ar­ rangement can as a matter of law be inferred from long course of dealings between the par­ ties.
Delhi District Court Cites 15 - Cited by 0 - Full Document

Smt. Kamlesh Jindia vs Smt. Koshal Jindia on 29 July, 2020

**** Now turning to the plea of family arrangement, as observed by this Court in Sahu Madho Das and others v Pandit Mukand Ram and Another CNR: DLCT03-001044-2016 Page 20 of 36 [1955] 2 SCR 22 the courts lean strongly in favour of family arrangements that bring about harmony in a family and do justice to its various members and avoid, in anticipation, future disputes which might ruin them all. As observed in that case the family arrangement can as a matter of law be inferred from a long course of dealings between the parties.
Delhi District Court Cites 20 - Cited by 0 - Full Document

Kartar Singh (Dead) Through Lrs. vs Jaswant Singh (Dead) Through Lrs. on 28 April, 2004

15. On the contrary, the will Ex.P-1 dated 9.9.1965 has been found to be a genuine document incorporating the wish of the testator Pala Singh. This will was also duly registered and it had seen the light of the day at the earliest opportunity available because the plaintiff-respondent got the inheritance of mutation effected in his name after the death of Pala Singh. The widow of Pala Singh and his son have also concurred with this will. Moreover, this will has already been found to be a genuine document in civil suit 143 of 1974 which was filed by defendant- respondents 13 to 15. The defendant-appellant was not party to civil suit No. 143 of 1974 but had appeared as power of attorney on behalf of defendant-respondents 13 to 15. The principle of res judicata may not be applicable but the earlier judgment is a precedent for interpretation of the will Ex.P-1 dated 9.9.1965 and on that basis it is a relevant piece of evidence. The Supreme court in the case of Sahu Madho Das and Ors. v. Mukand Ram and Anr., A.I.R. 1955 S.C. 481, had the opportunity to deal with the aforementioned proposition and held as under:-
Punjab-Haryana High Court Cites 15 - Cited by 3 - Full Document

M. Thiagarajan And Anr. vs M. Ganesan on 28 August, 1972

8. The two decisions referred to above 70 Mad LJ 424 = (AIR 1936 Mad 294) and 70 Mad LJ 262 = (AIR 1936 Mad 14) show that even amongst members of a branch there can be a family settlement. In other words, even if the trusteeship ultimately inhered in the heirs or the descendants of Jambuga Narayana, the brother of the founder, there is nothing in law which prevents the heirs to enter into a family arrangement so that future scramble and dispute may be avoided when the number of heirs becomes unwieldy. The law does not insist that all the heirs (every one of them) should enjoy the right of management at one and same time. When the number of heirs increases by passage of time and by succession, their number would become unmanageable and there would be frequent friction and misunderstanding in the management of the trust thus jeopardizing its interests leading to mismanagement and inefficiency. So long as the arrangement is bona fide, and secures due performance of the charities and preserves the charity properties, it is competent to the heirs themselves who happen to be trustees at that moment to enter into a family arrangement laying down the rule of devolution. If disputes arise between the heirs and they go to a Court of law, it cannot be denied that the Court had undoubted power to settle a scheme and what can be done by a Court in a suit can be agreed to between the heirs themselves, which would avoid confusion or any unseemly scramble; the parties interested can arrange among themselves for the due discharge of the functions belonging to the office in turn or in some other settled order of sequence, the only and the paramount consideration being that the interests of the trust should not be imperilled. Vide observations of Natesan, J. in the Full Bench decision in (1970) 2 Mad LJ 156 = (AIR 1971 Mad 1 (FB)) (referred to above) as well as the statement of the law in Mukherjea's Hindu Law of Religious and Charitable Trusts (already referred to) at page 189. We do not find anything in Hindu Law to compel us to hold that ad infinitum and eternally all the heirs must function and act as trustees whatever may be the unwieldy number, on which the trusteeship has devolved at a particular moment. Both common sense and convenience and the interest of efficient management of the trust require that such a right should be recognized in the body of heirs to enter into a family arrangement so long as it is bona fide. The arrangement in the instant case providing for the senior-most member in the line even if it be according to the rule of lineal primogeniture is valid as being in conformity with Hindu notions. Succession by the operation of the rule of lineal primogeniture is a well known conception in Hindu law (and other systems of jurisprudence as well).
Madras High Court Cites 11 - Cited by 1 - Full Document
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