HINDU LAW ON RELIGIOUS AND CHARITABLE TRUST, CASES

Whether any person other than a shebait can prosecute a suit as a next friend of the deity.

In the instant case, most of the shebaits have already left the country or have since died. A few who are in this country are dormant and have not been taking any interest in the cause of the deity and play its next friend. In the circumstances Pradip Kumar Chakraborty who is admittedly a pujari and a worshipper of the deity and has offered himself to act as next friend of the deity can by no means be precluded from representing the deity as such.

Sri Sri Dasha Bhuja Mata Vs. Jamila Khatun Bibi & Ors. 9BLT(AD)-211

Hindu Personal Law

Legal necessity – recital

In the instance ease one transaction by Exhibit-B. where transfer is challenged after lapse of considerable long time then recital in the document being of long past can legally be considered, in the light of observation in the case reported in AIR 1916 P.C. 110. genuine and the court may taking the recital along with the circumstances go for making its decision as to validity of the deed. [Para-21]

Jitendra Nath Mistrv vs. Abdul Maleke Howlader & Ors. 10BLT (AD)-150

Hindu Personal Law

Legal and valid adoption There must be physical act of giving and receiving, is absolutely essential to the validity of an adoption.

Bela Rani Saha & Ors Vs. Gopal Chandra Saha 7BLT(HCD)-131

Condition for taking an adoption

Dayabhag School of Hindu Law — Conditions to be fulfilled for taking an adoption—A wife cannot adopt a son to her husband during her husband’s lifetime except with his express consent.

Bela Rani Saha & Ors Vs. Gopal Chandra Saha 7BLT(HCD)-131.

Hindu Personal Law

Bengal School

Whether as sisters they could inherit lawfully the estate left by their brother.

Section 25 of Mullas Principles of Hindu Law says according to the Bengal School there are only five females who can succeed as heirs to a male, namely I. Widow 2.. Daughter, 3. Mother 4. fathers mother and 5. fathers fathers mother. Three more were added to the list by the Hindu Law ol” inheritance (Amendment) Act. 1902. namely, the sons daughter, daughters daughter and sister. Section 88 of the same Book provides the order of succession among Sapindas. There is no mention of sister. Absence of sister there only to indicate the heirs in whose presence, a sister is excluded. Section 88 does not take away the right of a sister as recognized under section 25. Under section 25 sisters are entitled to inherit the estate of her brother.

Md. Abdur Rahman Mondal Vs. Sreemoti Renu Bala Barman & Ors. 9BLT (HCD)-290

Evidence — Legal and valid adoption

The Court of appeal below relied upon Lxt-Ka, an affidavit alleged to have executed by Mrinalini on 17.07.1975 ext-Kha. an application before the village court, ext-‘ga’ an application under Section 107 cr. P.C. tiled by the plaintiff Grija Mohon Saha in the Criminal Court., ext ‘Gha’ a school leaving certificate of the defendant and ext-‘Uma’ the voter list, as the reliable evidence for a legal adoption — Held: those documents as relied by the court of appeal cannot be the basis for deciding whether the defendant the adopted son of Mrinalini or of Grija Mohon Saha.

Bela Rani Saha & Ors Vs. Gopal Chandra Saha 7BLT(HCD)-131.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.