Hindu - Law Dictionary Search Results
Home Dictionary Name: hindu Page: 3Obtain maintenance from
Obtain maintenance from, the word 'obtain' as used in the proviso is also, in court opinion, significant. It does not merely mean that the widow is somehow managing to live with or is being maintained by her father or mother or that her father or mother are somehow managing to save their widowed daughter from starvation, for if this were to be the meaning placed on the word 'obtain', then, apparently, the basic and main purpose and object of the Hindu Adoptions and Maintenance Act would be thwarted rather than advanced, Jal Kaur v. Pala Singh, AIR 1961 Punj 391 (395). (Hindu Adoptions and Maintenance Act, 1956, s. 19 Proviso)...
Person having interest
Person having interest, means a disciple of the math or a person professing the Hindu religious or Sikh faith to which the math belongs, Mahant Sri Regunath Das v. Commissioner of Hindu Religious Endowment, (1986) 61 Cut LT 189 (Ori).The definition of the expression 'person having interest' in s. 2(10), (as amended in 1953) which is an inclusive one, and includes the suit brought by two or more trustees in the name of the idol, to recover possession of its property against a person holding it adversely to the trust from the purview of s. 50(ii) of the Act. That expression is wide enough to include not merely the beneficiaries of a temple, math, wakf etc. but also the trustees, Shree Gollaleshwar Dev v. Gangawwa Kom Shantayya Math, AIR 1986 SC 231: (1985) 4 SCC 393: (1985) Supp 3 SCR 646: (1986) Mah LR 220 (SC). [Bombay Public Trusts Act, 1950, s. 2 (10) 50 (ii) (a) and 51(1)]...
Pious purpose
Pious purpose, a Hindu father or any other manag-ing member has power to make a gift within reasonable limits of ancestral immovable property for pious purposes but a gift by the father-in-law to the daughter-in-law at the time of marriage cannot by any stretch of reasoning be called a pious pur-poses, Ammathayee v. Kumaresan, AIR 1967 SC 589 (578).Means a gift for charitable and religious purposes. But the court has extended the meaning of 'pious purposes' to cases where a Hindu father makes a gift within reasonable limits of immovable ancestral property to his daughter in fulfilment of an antenuptial promise made on the occasion of the settlement of the terms of her marriage, and the same can also be done by the mother in case the father is dead. The scope of pious purpose does not extend to a gift by a husband to his wife of immovable ancestral property. Even the father-in-law would not be competent to make a gift at the time of the marriage of his daughter-in-law in so far as immov...
Regulated by usage
Regulated by usage, the phrase 'regulated by usage' in s. 6(9) of the Madras Hindu Religious and Charitable Endowments Act, 1951, must be construed along with the phrase 'succession to this office' and when so construed that part of the definition would only apply where the ordinary rules of succession under the Hindu law are modified by usage and succession has to be deter-mined in accordance with the modified rules, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
Religious charity
Religious charity, clause (13) of s. 6 defines 'religious charity' as meaning 'a public charity associated with a Hindu festival or observance of a religious character, whether it be connected with a math or temple or not', Commissioner v. Narayana Ayyangar, AIR 1965 SC 1916 (1917): (1965) 3 SCR 168. [T.N. Hindu Religious and Charitable Endowments Act, 1951 s. 6(13)]...
Religious denomination
Religious denomination, different sects and sub-sects of the Hindu Religion having a common faith and a common spiritual organisation come under the definition of denomination, Shirur Math v. Commission of Endowment, (1952) 1 MLJ 557.Religious denomination, enjoys certain rights per-taining to the establishment, management etc., of its own religion and charitable institutions, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 2, p. 159.Religious denomination, in India, subject to public order, morality and health, every religious denomination or any section thereof enjoys the fundamental right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law, Constitution of India, Art. 26.Religious denomination, is a religious sect or body having a common faith and organization and designated by a...
Religious trust
Religious trust, 'religious trust' means any express or constructive trust created or existing for any purpose recognised by Hindu Law to be religious, pious or charitable, but shall not include a trust created according to the Sikh religion or purely for the benefit of the Sikh community and a private endowment created for the worship of a family idol in which the public are not interested, Mahant Ram Saroop Dasji v. S.P.Sahi, AIR 1959 SC 951 (954): (1959) Supp 2 SCR 583. [Bihar Hindu Religous Trusts Act, 1951, s. 2(1)]...
Religious institutions
Religious institutions, means a math, temple or specific endowment. Hindu Religious and Charitable Endowments Act, 1959, s. 6(18), Joint Commissioner, Hindu Religious and Charitable Endowments Administration Dept. v. Jayaram, AIR 2006 SC 104....
Sapinda
Sapinda, (i) sapinda relationship, with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.(ii) two persons are said to be 'sapindas' of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them. [Hindu Marriage Act, 1955, s. 3 (f)]The expression 'sapinda' is peculiar to traditional Hindu Law and it would be altogether inapposite in the context of citizens of Muslim or Christian faith, Jagat Singh v. Karan Singh, AIR 1987 SC 1279 (1280): (1981) 2 SCC 349. [Tehri Garhwal Bhumi Sambhandi Adikar Niyam, s. 6(4)]...
Separate property
Separate property, a property obtained by the sole surviving coparcener in a family does not become his 'separate property' so long as there is a woman in the family who can bring into existence a new coparcener by adoption. Property held by a person as a sole surviving coparcener of a joint Hindu family is not his 'separate property' within the meaning of s. 3(1) of the (English) Hindu Women's Right to Property Act, 1937, Manohar Lal Ganeriwalla v. Bhuri Bai, AIR 1972 SC 1369 (1371): (1973) 3 SCC 432. See also AIR 1958 All 769 (772).Means in a community-property State property, that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party, or property acquired during marriage but after the spouses have entered into a separation agreement and have been living apart. Also called individual property, Black's Law Dictionary, 7th Edn., p. 1369.Means only self-acquired property of the coparcener and not the property which he has got on separati...
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