Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Usage of the word Jabat - The term Jabat is used in specific contexts, notably in legal and official documents, primarily to denote a state of possession or tenure, often related to property or estate. For example, in the context of inheritance and estate law, jabat jiban refers to a life estate (the Chinese proverb 'pulling down the bridge after crossing the river' which bore similar meaning ["Gooroo Das Mustafi VS Sarat Chunder Mustafi - 1902 0 Supreme(Cal) 150"]). Additionally, Jabat appears as a proper noun, specifically a person's name, as in Haji Jabat bin Hashim, who signed company documents in 2007-2008 ["HASSHAHARI & PARTNERS LWN. MOHD NIZAM RAZMAN & ANOR - High Court"].
Main points and insights:
The term is embedded in formal language and specific legal or official phrases, suggesting its primary use is in legal, property, or personal identification contexts.
Analysis and conclusion:
References:- ["HASSHAHARI & PARTNERS LWN. MOHD NIZAM RAZMAN & ANOR - High Court"]: Mentions Haji Jabat bin Hashim signing documents in 2007-2008.- ["Gooroo Das Mustafi VS Sarat Chunder Mustafi - 1902 0 Supreme(Cal) 150"]: Uses jabat jiban to denote a life estate, indicating its use in legal descriptions of property rights.
In the intricate world of legal terminology, especially within ancient Hindu law, words carry profound weight. A common query among legal scholars and practitioners is: when was the word Jabat used? This term, often obscure to modern audiences, emerges prominently in classical texts discussing guardianship, particularly the authority granted to guardians for minors. While not a everyday term, its usage sheds light on foundational principles of Hindu family law. This post delves into its historical context, interpretations, and relevance today, drawing from key legal documents and judicial insights. Note that this is general information and not specific legal advice—consult a qualified lawyer for personalized guidance.
The word 'Jabat' first gains prominence in ancient Sanskrit legal texts, specifically those outlining guardianship roles under Hindu law. It denotes the authority or appointment of a guardian, especially in scenarios involving minors without natural parents. Courts and commentators have traced its usage to foundational smritis like Narada and Manu, which form the bedrock of Hindu personal law.
As detailed in legal analyses, 'Jabat' appears in a text from Narada, cited in Viramitrodaya on Kriyapada: Tayorapi Pita Sreyan Bija Prodhanya Darsanat Abhave Bijino Mara Tadebhavetu Purbaja Sm. Angurbala Mullick VS Debabrata Mullick - 1949 0 Supreme(Cal) 560. This passage underscores the hierarchical preference in guardianship—father first, then mother, and in their absence, others assuming 'Jabat', or authoritative control, over the minor's affairs.
Similarly, Manu VIII 27 states: Baladoyika Riktam Tabad Raja Anupalayet Jabat Sa Sat Samabrittya Jabat Cha Sm. Angurbala Mullick VS Debabrata Mullick - 1949 0 Supreme(Cal) 560. Here, 'Jabat' refers to the guardianship power that the king (or by extension, the court) exercises when natural guardians like parents or elder brothers are unavailable. This illustrates 'Jabat' as a formal conferral of protective authority, ensuring the minor's welfare and estate management.
These references highlight that 'Jabat' was used as early as these classical periods (estimated centuries BCE to early CE), emphasizing natural guardianship sequences and state intervention as a last resort.
Under Hindu law, guardianship is bifurcated into natural and legal forms. Natural guardians—typically father, then mother, followed by paternal grandfather or brother—hold 'Jabat' inherently. The term clarifies the scope of their powers, particularly over the minor's person and property.
Key points from interpretations include:- Primary Usage: 'Jabat' signifies appointment or power vested in guardians, absent natural ones Sm. Angurbala Mullick VS Debabrata Mullick - 1949 0 Supreme(Cal) 560.- Scope: Limited to minors, focusing on protection and maintenance, not absolute ownership.- Exceptions: Not extended to stepmothers or distant relatives; strictly hierarchical.
In modern equivalents like the Hindu Minority and Guardianship Act, 1956, these principles persist, though 'Jabat' itself is archaic. Courts interpret such terms to uphold the minor's best interests, echoing ancient texts.
Legal words must be understood in their specific context, a principle repeatedly affirmed in judgments. For 'Jabat', this means viewing it through the lens of guardianship, not broadly.
In a criminal recovery context, 'Jabat Talikha' appears as a recovery list in a murder case: Ext. 15 is the recovery list (Jabat Talikha) at Sl. 15 thereof under the heading reasons for seizure... the accused while in custody having confessed his guilt made the following statements BIBHACHHA ALIAS BIBACHHA BAITHARU VS STATE OF ORISSA - 1997 Supreme(Ori) 91. Here, 'Jabat' aligns with seizure or documented recovery, showing contextual evolution from authority to evidentiary lists.
This mirrors broader judicial approaches to word interpretation:- Words in orders or judgments are read in context: A word used in an order or judgment should be interpreted in the context it is used... When learned Labour Court used the word ‘absorption’ any other interpretation to the word ‘absorption’ is excluded Utkal Alumina International Limited (UAIL) vs Presiding Officer, Labour Court - 2025 Supreme(Online)(Ori) 6248.- Prepositions and slips matter: The words there 'on such tavern' or premises 'are clearly a slip for in such tavern or on such premises' SAHIB v. WARLIANU.- Legislative intent guides: During the argument... 'limits' is not used... synonymously with... 'gravets' TILLAINATHER v. VADIVELU.
Applying this to 'Jabat', its guardianship meaning holds firm within Hindu law texts, resisting expansive readings outside that framework Sm. Angurbala Mullick VS Debabrata Mullick - 1949 0 Supreme(Cal) 560.
Judgments on terms like 'entertain', 'may', and 'shall' reinforce contextual analysis, relevant when unpacking 'Jabat'.
'Entertain' in Eviction Law: The word 'entertain' in Section 15... means 'consideration of merits of the Suit' or 'the date of framing of issues' Hussainali Sharif Punjwani VS Board of Trustees of the Port of Bombay - 2012 Supreme(Bom) 120. Courts distinguish it from 'institute', preserving jurisdiction timelines.
'May' vs. 'Shall' in Bail Provisions: The word 'may' in the first proviso to sub-section (1) of Section 437, Cr. P. C. is not mandatory... the Magistrate has the discretion PRAMOD KUMAR VS SADHNA RANI - 1989 Supreme(All) 137. Legislature's deliberate word choice indicates discretion, not obligation.
Commercial Contracts: In common parlance, the word ‘shall’ is used when it is compulsory and the word ‘may’ is used when it is optional NAS Aviation Services India Pvt. Ltd. VS Kingfisher Airlines Limited - 2014 Supreme(Bom) 533. Parties' intent governs, as in arbitration clauses where optional language barred jurisdiction.
These cases underscore that, like 'Jabat', statutory or contractual words demand context-specific interpretation, avoiding mechanical readings.
Today, 'Jabat' informs discussions on guardian appointments under statutes like the Guardians and Wards Act, 1890. However:- It's not a fixed modern term; context-limited to ancient texts Sm. Angurbala Mullick VS Debabrata Mullick - 1949 0 Supreme(Cal) 560.- Excludes non-natural guardians like stepmothers.- Indirect links appear in estate wills, though not explicit Gooroo Das Mustafi VS Sarat Chunder Mustafi - 1902 0 Supreme(Cal) 150.
Recommendations for practitioners:- Reference classical texts for guardianship disputes.- Argue contextual meaning to avoid misinterpretation.- Prioritize minor's welfare in 'Jabat'-like authority exercises.
Understanding 'Jabat' bridges ancient wisdom and contemporary practice, reminding us that law evolves yet roots remain. For specific cases, seek professional advice.
#HinduLaw #Guardianship #LegalHistory
can be a part of the ordinary and natural meaning of word (see Lewis v. ... iv) Surat akuan Haji Jabat bin Hashim bertarikh 29 April 2008. ... He used words such as untrustworthy, ungrateful, ingratitude, perfidious and hypocrite and phrases such as wanting in gratitude and the Chinese proverb "pulling down the bridge after crossing the river" which bore similar meaning. ... 3 ALL ER 952, telah mengatakan:- "The ordinary and natural meaning or it may be an implied or inferred or an indirect meaning: any meaning that does not require the ....
The form of words now generally used when an estate of inheritance is conferred by Will is 'putra pautradi frame, that is "sons, grandsons in succession." The form used in the present will is "O putra pautradi," that is, "and sons, grandsons, &c." ... The Will first bequeaths Sarbeswar's entire estate to his widow for as long as she shall live (jabat jiban). Then she is given power to adopt one after another any son of Lakshmi Das, but no other person. ... The Subordinate Judge has observed that, if the gift was to the sons and grandsons ....
These provisions in the Statute in my view indicate that the word 'property' used in the Act is property in its ordinary meaning. ... Sa Sat Samabrittya Jabat Cha Atita Saisaba. ... as the word 'any' would ordinarily and otherwise indicate. ... It is a cardinal rule of interpretation of a document that every word should if possible, be given a meaning and no word should ordinarily be treated as surplusage. ... In my judgment the specific name of Kironbala used in this....
11.1 A word used in an order or judgment should be interpreted in the context it is used. ... When learned Labour Court used the word ‘absorption’ any other interpretation to the word ‘absorption’ is excluded. 8. It is also submitted by Mr. ... Since they were contract labour engaged with the Management No.1 through Management No.2, the word ‘absorb’ has been used. 14. ... The word ‘reinstatement’ used in Section ....
The words there " on such tavern " or premises " are clearly a slip for in such tavern or on such premises, as will be seen on reading the following words of the section, where the word in is all along used with respect to a tavern and on with respect ... In that latter section the word tavern did not occur, but only the word premises; and in this particular instance the draftsman in inserting the word tavern omitted to use the appropriate preposition " in." ... Then, holding as I do that the #....
During the argument of the appeal I thought that possibly "limits " was used in the Ordinance of 1866 for .gravets. A reference, however, to the Ordinance of 1844 shows that the term " limits " is not used by the Legislature synonymously with the term " gravets." ... in which it is used in the context leaves little or no room for doubt that it was intended to refer to the gravets, as the term is popularly understood, or the boundaries of a town; and therefore when in the definition clause the word " town " is defin....
It has used the word 'entertain' and it must be accepted that it has used it advisedly. This word has come in for examination in some of the cases of the Allahabad High Court and we shall now refer to them. ... (8) In Kundan Lal v. ... The first proviso to the said Section had also used the word “entertain”. In that case, it was argued before the Supreme Court that the word “entertained” must be equated with the word “instituted” . ... For the pres....
Whether the word may in Proviso (1) of S. 437, Cr. P. C. is directory or mandatory ? ... ( 2 ) WHETHER the word may used in Proviso (1) of S. 437, Cr. P. C. is to be read as shall and must ? ... The main reasoning of the learned single Judge noted in the said case is that the word may used in the first proviso appearing immediately after Cls. (i) and (ii) of S. 437, Cr. P. ... It has used the auxilliary verb shall where it desired the provision to be mandatory and has used#HL....
It is difficult to ascertain why the Legislature in 1877 used the alternative words " crime " or " offence " in section 17, because as I understand the word " crime " in its ordinary sense means merely an infraction of law, and " offence " means a crime, i.e., an infraction of law. ... We can only surmise as to the" reason for reference to offences or the meaning the word was intended to convey. ... I do not think anything is to be gathered from the ommission of the word " crime " in 1900 from the new section 18. .....
Of course, that may be the effect of the words actually used. I do not think, however, that the words should be so construed. Mr. Keuneman seems to suggest that the word " business " in this section must be construed as referring to a sort of personification. ... The words " enforceable by action " are a definite legal phrase used in many different contexts. They appear in section 4 of the Sale of Goods Ordinance, No. 11 of 1896. They are used in a series of cases dealing with a question of procedure under the En....
In common parlance, the word ‘shall’ is used when it is compulsory and the word ‘may’ is used when it is optional. If in the same clause, the parties for certain actions use ‘may’ and other action ‘shall,’ it would mean that they made certain actions optional and certain actions compulsory. One has to keep in mind that this is a commercial document, and the parties used ordinary language.
When English translation was published, instead of the word `confiscation' or ' ' the word `seizure' was used. A learned Single Judge of this court in Moosakoya v. State of Kerala (2005 (4) KLT 331) after considering the English version of Section 23 of the Act held that District Collector has no power to confiscate the vehicle. Therefore, the contention raised by the petitioners is that the authorised officer, the District Collector, has got the power only to seize the vehicle and not to confiscate the vehicle.
"in saying, he led the police and the witnesses to the place of concealment and gave recovery of the Kati from inside the water of the river bed. It is sufficient, if the exact statement is reproduced in the recovery memo or the case diary. Ext. 15 is the recovery list (Jabat Talikha) at Sl. 15 thereof under the heading reasons for seizure. It is clearly mentioned that the accused while in custody having confessed his guilt made the following statements :-"on 15-11-89 (Wednesday) at about 8 P. M. in the night persuaded my friend Pramod Padhi to go to the river bed to offer ....
If is settled law that the representation of a detenu against the detention order should be disposed of by the competent authority expeditiously and without unreasonable delay. Rather this will show that when word from is used in the statute, the same meaning is not intended as when word after is used. ( 31 ) THE second safeguard contained in article 22 (5) of Constitution of lndia,i. e. earliest opportunity to make representation against the detention order and disposal of the representation without unreasonable delay, also stands violated in the facts of the present c....
( 7 ) PW 9 another constable in the escort party corroborates his testimony on all material particulars. However he used the word 'chaku' instead of jambia as stated by PW 8. He also speaks about the accused raising their voice after the deceased died.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
