LexLords NRI Legal Services Birmingham By NRI Legal Services LexLords

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See Dwrakanath Bysack and another v. The contra argument was made by Shri K. in the aforesaid one year. These lists are no doubt not exhaustive but they indicate that what conduces to religious merit in Hindu law is primarily a mat- ter of Shastraic injunction. It cannot also be disputed that under the Hindu law religious or charitable purposes are not confined to purposes which are productive of actual or assumed public benefit. When we apply the aforesaid test to the facts of this case, we find that insofar as those employees who fall in the first category are concerned, they had withdrawn their offer after August 01, 2005, except one Mr.

200 has been spent in connection with the expenses of daily pooja and for the salary of the person and a sum of Rs. in Avani (August September) of the first year in Tiruvona Nakshatram when he died, have been conducted. "The properties described in schedule I herein are the properties which belong to the estate of my husband the late T. Kanakasabapathi Pillai Avargal aforesaid. 1,000 for Gurupooja and annadhanam, etc. A person was appointed for (doing) pooja in respect of the said samadhi and daily pooja as well as special Gurupooja and annadhanam (charity of feeding), etc.

My husband aforesaid who had been sick for about two months prior to 24th August, 1942, died on 24th August 1942. As stated by the learned author Prananath Saraswathi on the Hindu Law of Endowments at page 18- "From very ancient times the sacred writings of the Hindus divided NRI Legal Services work productive of religious merit into two divisions named ishta and purtta, a classification which has come down to our own times. Deputy Commissioner, Partabgarh (64 I.

Advocatc-General of Bombay and another(1)]. (6) The notifica- tion of the Government in the present case referring the case to the Special Court did not contravene Art. Thiruvengada Pillai and others(4). They are, therefore, entitled for reinstatement without back wages. The properties forming items 7 to 16 of Schedule I fetch only an income of Rs. To the extent, therefore, that any purpose is claimed to be a valid one for perpetual dedication (1)I.

1 in the Civil Appeal arising out of Special Leave Petition (Civil) No. The accused need not prove the existence of the right of private defence beyond reasonable doubt. Counsel, Shri Yatinder Singh, Sr. So much so that the entire object of Hindu endowments will be found included within the enumeration of ishta and purtta. So far as the textual Hindu law is concerned what acts conduce to religious merit and justify a perpetual dedication of property therefor is fairly definite.

Counsel, and Shri Gopal Subramanium, Sr. " The learned author enumerates what are ishta works at pages 20 and 21 and what are purtta works at page 27. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Dinesh Chand Yadav, who is respondent No. (5) Even from the point of view of reasonable classification the expediency of speedier trial is not too vague or indefi- nite to be the basis of classification.

As desired by him, he has been entombed in the property forming the first item of schedule I herein. 14 and is not void inasmuch as there is nothing 288 to show that the Government was influenced by any discrimi- natory motive or design or acted arbitrarily, but on the other hand there are obviously special features which mark off the group of cases referred as requiring speedier dis- posal. They were purchased by him in his name and after his death, they be- long to me and are in my possession and enjoyment.

All the properties described in schedule 2 herein are my private properties which were purchased in my name from out of my own funds and which are in my possession and enjoyment. This is illustrated by the series of cases which recognise the validity of perpetual endowment for the maintenance and worship of family idols or for the continued performance of annual sradhs of an individual and his ancestors. (2) Every decree passed or order made, before the date of commencement of this Act, for the ejectment of any person from any land in pursuance of section 37 or section 52 of the said Act shall, if the decree or order could not have been validly passed or made had this Act been in operation at the date of the passing or making thereof, be void ,' Provided that nothing in this section shall affect any decree or order in execution whereof the possession of the land in respect of which the decree or order was passed or made, has already been delivered before the date of commencement of this Act.

Therefore, from this batch, only he is entitled for reinstatement with back wages, as he has also filed an undertaking, in terms of this Court's order dated May 12, 2016, to the effect that he is not gainfully employed during the relevant period. Likewise, employees falling in the second category had withdrawn their offer after October 28, 2006, except Mr. The leading arguments on behalf of the candidates affected by the fresh merit list were made by Shri Ashok Desai, Sr. However, these respondents failed to comply with this Court's order dated May 12, 2016.

My husband, while he was so sick, expressed to me his wish that if perchance he should die, he should be entombed in the property forming the first item property of schedule I herein, that the vacant lands forming item:, 2 to 6 of the said schedule I should be annexed to the first item property of the said schedule I as part and parcel thereof utilised for the benefit of and free access to the said tomb that the incomes derived from the properties forming items 7 to 17 of the said schedule I should be utilised for the kainkariyam (NRI legal services) expenses relating to the samadhi (tomb) that the said first schedule properties should-be managed and enjoyed and the kainkariyam relating to the said samadhi performed by me 280 during my lifetime and after me, by the persons who may be appointed by me according to my discretion, that the said properties should be charged solely with the said kainkariyam (NRI legal services) in the manner stated above and that no one else should have any right or interest therein, that no one should alienate the said properties in any manner, that all necessary interest should be taken in improving the said properties and that I should make a settlement in writing, mentioning the above particulars, and within a few days thereafter, my husband passed away.

This has been adopted, by later learned authors on the law of Hindu Religious Endowments and accepted by Justice Subrahmania Ayyar in his judgment in Parthasarthy Pillai and another v. Since it is not sufficient for conducting the said kainkariyams (NRI Legal Services) and as I intend that the said kainkariyams shall be regularly and decently conducted by contributing the amount required for the expenditure over and above the said income, that the said acts shall be hereditarily and permanently performed for ever and that necessary arrangements must be made therefore.

The acquisition of religious merit is also an important criterion. Ram Sharan Rathore, both respondents in the Civil Appeal arising out Special Leave Petition (Civil) No. It is enough for him to show as in a civil case that the preponderance of probabilities is in favour of his plea. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. In having so conducted them, a sum of Rs.

Burroda Persaud Bysack(2) and Rupa Jagashet v.