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may 1958

Supreme Court of India · 1958-05-23

MAKTUL vs Mst. MANBHARI & OTHERS

Citation / case number
SC 1958/134
Court
Supreme Court of India
Petitioner
MAKTUL
Respondent
Mst. MANBHARI & OTHERS
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under the customary law of Punjab, property inherited by a Hindu male from his maternal grandfather is not considered ancestral property for his sons. The Court approved the ruling in Narotam Chand v. Mst. Durga Devi, I. L. R. (1950) Punj. 1, while not approving the decisions in Lehna v. Musammat Thakyi and Musammat Attar Kaur v. Nikkoo. The Court emphasized that the rule of stare decisis is not absolute and can be disregarded if the prior decision is erroneous and does not affect existing titles or contracts.

MAKTUL vs Mst. MANBHARI & OTHERS · Niyam