Hindu Law - Law Dictionary Search Results
Home Dictionary Name: hindu lawHindu Law
Hindu Law, the word 'Hindu law' have to be understood in a broad sense, having regard to s. 2 of the Hindu Succession Act, 1956 which dealt with the applicability of that Act to any person who is a Hindu by religion, Yagnapurushodasji v. Muldas, AIR 1996 SC 1109. S. 7(1) of Joint Family Abolition Act and s. 4(1)(a) of the Hindu Succession Act are identical in words. The marumakkathayam law [the marumakkathayam system of inheritance means the system of inheritance by descent from a common ancestress. It is called a matrilineal system of inheritance and is somewhat different from the patrilineal system of inheritance in the various branches of Hindu Law] was contained in the Travancore Nair Act and other analogous statutes made by the Kerala Legislature. By virtue of Joint Family Abolition Act there was a repeal of the customary principles of marumakkhathyam law, if any saved under s. 44 of the Travancore Nair Act, Chellama Kamalamma v. Narayana Pillai Prabhakaran Nair, AIR 1993 Ker 146;...
Charitable institution, under Hindu Law
Charitable institution, under Hindu Law, a tank can be an object of charity and when a dedication is made in favour of a tank, the same is considered as a charitable institution, Kamaraju Venkata Krishna Rao v. Sub-Collector, AIR 1969 SC 563 (566): (1969) 1 SCR 624. [Ardhra Inams (Abolition and Conver-sion into Ryotwari) Act, 1956, s. 2(e)]...
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
Hindu undivided family
Hindu undivided family, A Hindu undivided family is a fleeting body. Its composition changes by births, deaths, marriages and divorces. Such a partnership is likely to have a precarious existence, Messrs Agarwal and Co. v. Commissioner of Income-tax, AIR 1970 SC 1343: (1971) 1 SCR 237: (1970) 2 SCC 48.The expression 'Hindu undivided family' in the Income-tax Act is used in the sense in which a Hindu joint family is understood under the various schools of Hindu law (see Attorney-General of Ceylon v. Ar. Arunachalam Chettiar (1958) 34 ITR 42: 1957 AC 540) and Gowli Buddanna v. CIT. (supra). In the case of CIT v. Rm. Are. Veerappa Chettiar, ((1970) 3 SCR 307: (1970) 76 ITR 467: (1970) 1 SCC 174) the Supreme Court observed that under the Hindu law it is not predicated of a Hindu joint family that there must be a male members. It was accordingly held that so long as the property which was originally of the joint Hindu family remains in the hands of the Widows of the members of the family an...
Marumakkattayam law
Marumakkattayam law, means the system of law applicable to persons--(a) who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (XXII of 1933); the Travancore Nayar Act (II of 1100); the Travancore Ezhava Act (III of 1100); the Travancore Nanjinad Vellala Act (VI of 1101); the Travancore Kshatriya Act (VII of 1108); the Travancore Krishnanvaka Marumakkathayee Act (VII of 1115); the Cochin Marumakkathayam Act (XXXIII of 1113); or the Cochin Nayar Act (XXIX of 1113), with respect to the matters for which provision is made in this Act; or(b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras as it existed immediately before the 1st November, 1956, and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line; but does not includ...
Hindu male dying intestate
Hindu male dying intestate, The expression merely means 'in the case of intestacy of a Hindu male', Fateh Bibi v. Charan Dass, AIR 1970 SC 789 (794): (1970) 1 SCC 658. [Hindu Law of Inheritance (Amendment) Act, 1929 Preamble]...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Common stock or common hotchpot
Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...
Shebaitship
Shebaitship, property dedicated to an idol vests in it in an ideal sense only; ex necessitas, the possession and management has to be entrusted to some human agent. Such an agent of the idol is known as shebait in Northern India. The legal character of a shebait cannot be defined with precision and exactitude. Broadly described, he is the human ministrant and custodian of the idol, its earthly spokesman, its authorised representative entitled to deal with all its temporal affairs and to manage its property. As regards the administration of the debutter, his position is analogous to that of a trustee; yet, he is not precisely in the position of a trustee in the English sense, because under Hindu Law, property absolutely dedicated to an idol, vests in the idol, and not in the shebait. Although the debutter never vests in the shebait, yet, peculiarly enough, almost in every case, the shebait has a right to a part of the usufruct, the mode of enjoyment; and the amount of the usufruct depen...
Unmarried
Unmarried, is a term of flexible meaning; prima facie it means 'never having been married,' but the context may show that it means 'not having a husband or wife', Re Sergeant, (1884) 26 Ch D 575; Blundell v. De Falbe, (1888) 57 LJCh 576.Means not re-married, AIR 1963 Cal 428 (429). (Hindu Marriage Act, 1955, s. 25)Not married; single, Black's Law Dictionary, 7th Edn.Unmarried, means not married. Unmarried daughters under the Hindu law have got better claims on the 'stridhana' of the mother, Rajban v. Rahim Bux, (1969) ILR 1 All 633: (1969) All LJ 16: (1969) All WR (HC) 78....
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