Religious Charity - Law Dictionary Search Results
Home Dictionary Name: religious charityReligious 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)]...
Roman Catholics
Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...
Charity
Charity, the word 'charity' which in common parlance is a word denoting a giving to some one in necessitous circumstances and in law a giving for public good. A private gift to one's own self or kith and kin may be meritorious and pious but is not a charity in the legal sense and the courts in India have never regarded such gifts as for religious or charitable purposes even under the Mahomedan Law, Fazlul Rabbi Pradhan v. State of West Bengal, AIR 1965 SC 1722 (1727). [West Bengal Estates Acquisition Act, 1953 (1 of 1954), s. 6(1)(i)]Aid given to the poor, the suffering, or the general community for religious, educational, economic, public-safety, or medical purposes, Black's Law Dictionary, 7th Edn., p. 228.Charity, means any institution, trust or undertaking, whether corporate or not, which is established solely for charitable purposes, (English) Banking Act, 1987; (Exempt Transactions) Regulations, 1988, reg. 3(2); Halsbury's Laws of England, Vol. 3(1), para 30, p. 26....
Religious practice
Religious practice, message of charity and com-passion is to be found in all religions without any exception. Only because charity and compassion are preached in every religion, the same by itself would not be a part of the 'religious practice' within the meaning of Art. 25 of the Constitution of India, John Vallamattom v. Union of India, AIR 2003 SC 2902 (2913): (2003) 6 SCC 611...
Punyakarya
Punyakarya, includes such a variety of things viz. religious duty, act of charity and moral duty or obligation, that gift to punyakarya would be void on the ground of uncertainty, Satkashi v. Hazarilal, AIR 1932 Cal 44: (1932) ILR 25 1025....
Religious endowment or endowment
Religious endowment or endowment, the ex-pression 'religious endowment' or 'endowment' has been defined in clause (11) of s. 9 as follows: 'Religious endowment' or 'Endowment' means all property belonging to, or given or endowed for the support of maths or temples or for the performance of any service or charity connected therewith and includes the premises of maths or temple but does not include gifts of property made as personal gifts or offerings to the head of a math or to the archaka or other employee of a temple. It follows that 'all property' belonging to, or given or endowed for the support of a temple or for the performance of any service or charity connected with the temple will constitute its endowment, including the premises of the temple, Commissioner v. Sri Ratnavarma Heggade, AIR 1977 SC 1848: (1977) 1 SCC 525: (1977) 1 SCR 889....
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
Approximate
Approximate, the word 'approximate', does not occur in every item of the charities only shows that the persons responsible for paying moneys for the charities had a discretion to vary the amount mentioned slightly. That have been because the charities were not very clearly defined and because the acts constituting them were not rigidly fixed , M.R. Goda Rao Sahib v. State of Madras, AIR 1966 SC 653: (1966) 1 SCR 643. [T.N. Hindu Religious and Charitable Endowments Act, 1951 (51 of 1951), s. 32]...
Charitable purpose
Charitable purpose, includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship. [Charitable Endow-ments Act, 1890 (6 of 1890), s. 2]Means relief of the poor, education, medical relief and the advancement of any other object of general public utility without the additive words 'not involving the carrying on of any activity for profit', Additional Commissioner of Income Tax v. Surat Art Silk Cloth Manufacturers Association, Surat, (1980) 2 SCR 77: (1980) 2 SCC 31: AIR 1980 SC 387.The definition of 'charitable purposes' in the West Bengal Estates Acquisition Act, 1953 follows, though not quite, the well-known definition of charity given by Lord Macnaghten in Commissioners for Special Purposes of Income Tax v. Pemsel, (1891) AC 531 (583), where four principal divisions were said to be comprised-trusts for the relief of poverty; trusts for ...
Mortmain
Mortmain [fr. mort, Fr., dead, and main hand], such a state of possession of land as makes it inalienable; whence it is said to be in dead hand--in a hand that cannot shift away the property. It takes place upon alienation to any corporation, sole or aggregate, ecclesiastical or temporal, 2 Bl. Com. 268.By several old statutes, alienation of lands and tenements in mortmain, i.e., to religious and other corporations, which were supposed to hold them in a dead or unserviceable hand, were prohibited under pain of forfeiture to the lord, the fruits of whose feudal seigniory (the great hinge of government in those days) were thus impaired. But either with or without the consent of the immediate lords (for this is doubtful), this forfeiture might be dispensed with by a licence in mortmain from the Crown, which licence was made sufficient without any such consent by 7 & 8 Wm. 3, c. 37, repealed and reenacted by the consolidating mortmain and (English) Charitable Uses Act, 1888 (51 & 52 Vict. ...
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