Husband, means a Parsi husband. [Parsi Marriage and Divorce Act, 1936 (3 of 1936) s. 2(5)]A married man; a man who has a lawful wife living, Black's Law Dictionary, 7th Edn., p. 746.Husband, the expression husband cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerces her in any manner or for any of the purposes enumerated in the relevant provisions ss. 304B/498A, whatever be the legitimacy of the marriage itself for the limited purpose of s. 498A and 304B, I.P.C. The absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as 'husband' is no ground to exclude them from the purview of s. 304B or 498A, I.P.C. viewed in the content of very object and aim of the legislations introducing those provisions [Indian Penal Code, 1860, ss. 498A and 304...
Levitical degrees, degrees of kindred within which persons are prohibited to marry. They are set forth in the eighteenth chapter of Leviticus. By 32 Hen. 8, c. 38, it is declared that all persons may lawfully marry, but such as are prohibited by God's law; and it is declared by the same statute, that 'no reservation or prohibition (God's law except) shall trouble or impeach any marriage without the Levitical degrees.' See MARRIAGE....
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...
Stridhan, a Hindu married woman is absolute owner of her 'stridhan' property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, Pratibha Rani v. Suraj Kumar, AIR 1985 SC 628: (1985) 3 SCR 190: (1985) 2 SCC 370.Stridhan, are the properties gifted to a girl before the marriage, at the time of marriage or at the time of giving farewell or thereafter. It is her absolute property with all rights to dispose at her own pleasure. It does not become a joint property of the wif...
Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
special immigrants Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children. Source: U.S. Citizenship and Immigration Services ...
Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...
Chastisement. As to legality of correction of a child by its parent, an apprentice or scholar by his master, or a criminal by an officer, see s. 24 of the (English) Prevention of Cruelty to Children Act, 1894 (57 & 58 Vict. c. 41), replaced by the (English) Prevention of Cruelty to Children, 1904 (4 Edw. 7, c. 15), and see 8 Edw. 7, c. 67. The (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 1 (7), preserves the right of parent, teacher, or persons having lawful control to administer punishment. As to criminals, the (English) Prisons Act, 1898 (61 & 62 Vict. c. 41), and rules thereunder. By s. 5, ibid., the order must be confirmed by the Secretary of State, nd (as to scholars) Cleary v. Booth, (1893) 1 QB 465; and Mansell v. Griffin, (1908) 1 KB 160 (947); R. v. Newport (Salop) J.J., ex parte Wright, 1929 (2) KB 416. A husband cannot inflict chastisement on his wife, and all ancient dicta to the contrary are now unsound, R. v. Jackson, (1891) 1 QB 671. See Lus...
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...