Hindu - Law Dictionary Search Results
Home Dictionary Name: hindu Page: 4Shebaitship
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...
Sons
Sons, the word 'sons' in clause (a) of s. 15(1) of Hindu Succession Act, 1956 does not include step-sons, that is, sons of the husband of a females dying intestate by another wife, Lachman Singh v. Kirpa Singh, AIR 1987 SC 1616 (1619): (1987) 2 SCC 547: (1987) 2 SCR 933. [Hindu Succession Act, 1956, s. 15(1)(a)]...
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....
Virulent
Virulent, 'virulent' is highly poisonous or malignant: venomous: acrimonous. 'Virulence' as a ground for exclusion from inheritance is treated from an entirely different angle in the Hindu religious and legal texts. The general emphasis in those contexts was of the competence of a man to perform his social and religious obligations and no word has been used in these texts which could be referred to as the corresponding Sanskrit word for 'virulent', Swarajya Lakshmi v. Dr. G.G. Padma Rao, AIR 1974 SC 165: (1974) 1 SCC 58: (1974) 2 SCR 97. [Hindu Marriage Act (25 of 1955), s. 13(i) (iv)]Virulent, is not used by medical men in describing any particular form of leprosy,Swaraj Laxmi v. G.G. Padmarao, AIR 1974 SC 165.Means malignant and contagious. It is also incurable, Laxmibai v. Hotchand, (1981) 2 MP WN 165....
Minor
Minor, a person under twenty-one years of age. There is no legal distinction between a minor in this sense and an infant. See INFANT. Strictly speaking, in Scotland a minor is a person between the ages of pupilarity and majority--in males from fourteen to twenty-one years and females from twelve to twenty-one years. minors must act with a curator if they have one, whereas pupils (under the age of pupilarity) act through their tutor. These are summary disabilities imposed by Common Law and Statute on minors.It means a person of either sex who is under eighteen years of age. [Child Marriage Restraint Act, 1929, s. 2 (d)]It means a person who has completed the age of sixteen years but has not completed the age of eighteen years. [Immoral Traffic (Prevention) Act, 1956, s. 2 (cb)]It means a person who has not attained the age of eighteen years. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (ff)]It means a person who has not attained the age of eighteen years. [Citizenship Act, 19...
Om
Om, the expression 'Om' is respected by the Hindus generally and has a special significance in the Hindu scriptures. It is recited at the commence-ment of the recitations of Hindu religious works. Macdonell in his 'A Practical Sanskrit Dictionary' states that 'Om' is the sacred syllable used in invocations, at the commencement of prayers, at the beginning and the end of Vedic recitation, and as a respectful salutation: it is a subject of many mystical speculations. In the Sanskrit-English Dictionary by Monier-William it is said that 'Om' is a sacred exclamation which may be uttered at the beginning and end of a reading of the Vedas or previously to any prayer; it is also regarded as a particle of auspicious salutation. To 'Om' high spiritual or mystical efficacy is undoubtedly ascribed; but its use on a flag ('Om Dhwaj') does not symbolise religion, or anything religious, Jagdev Singh Sidhanti v. Pratap Singh Daulta, AIR 1965 SC 183: (1964) 6 SCR 750....
Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Kohinoor
A famous diamond surrendered to the British crown on the annexation of the Punjab According to Hindu legends it was found in a Golconda mine and has been the property of various Hindu and Persian rulers...
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