The Hindu Law of Impartible Property, Including Endowments

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S.C. Auddy, 1908 - 438페이지
 

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258 페이지 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools...
293 페이지 - A perpetuity is the settlement of an estate or an interest in tail, with such remainders expectant upon it, as are in no sort in the power of the tenant in tail in possession, to dock by any recovery or assignment, but such remainders must continue as perpetual clogs upon the estate...
258 페이지 - ... the aid or ease of any poor inhabitants concerning payment of fifteens, setting out of soldiers and other taxes [43 Eliz.
21 페이지 - It is asked whether a paramount sovereign shall give all the land, including pasture ground, highways, and the site of lakes and ponds ; an universal monarch, the whole earth ; and a subordinate prince, the entire province over which he rules ? To that question the answer is : the monarch has not property in the earth, nor the subordinate prince in the land. By conquest kingly power is obtained and property in house and field which belonged to the enemy. The maxim of the law, that the king is lord...
274 페이지 - No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a Will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the Wills of living persons.
258 페이지 - That word in its widest sense denotes all the good affections men ought to bear towards each other; in its most restricted and common sense, relief of the poor. In neither of these senses is it employed in this court. Here its signification is derived chiefly from the Statute of Elizabeth.
218 페이지 - Their Lordships are fully sensible of the importance and justice of giving effect to long established usages existing in particular districts and families in India, but it is of the essence of special usages modifying the ordinary law of succession that they should be ancient and invariable, and it is further essential that they should be established to be so by clear and unambiguous evidence.
92 페이지 - It is, therefore, clear that the mere impartibility of the estate is not sufficient to make the succession to it follow the course of succession of separate estate. And their Lordships apprehend that if they were to hold that it did so they would affect the titles to many estates held and enjoyed as impartible in different parts of India.
90 페이지 - Still when a raj is enjoyed and inherited by one sole member of a family, it would be to introduce into the law, by judicial construction, a fiction, involving also a contradiction, to call this separate ownership, though coming by inheritance, at once sole and joint ownership, and so to constitute a joint ownership without the common incidents of coparcenership.
246 페이지 - The divinities worshipped are not unknown to later systems, but they there perform very subordinate parts, whilst those deities who are the great gods— the Dii majores — of the subsequent period, are either wholly unnamed in the Veda, or are noticed in an inferior and different capacity. The names of SIVA, of...

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