Limitation law on endowed Property
In Rai Sahib Dr Gurdittamal Kapur v Mahant Amar Das Chela Mahant Ram Saran, Supreme Court dealt with a case where a suit was filed in 1957 by the first…
Law of limitation and Right to claim in perpetuity
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…
De Facto Shebait’s right to continue in office
Whether a de facto shebait can claim a right to continue indefinitely in office. A de jure shebait and a de facto shebait exercise similar rights in the limited sense…
Dispossession and Discontinuance- Difference
Dispossession connotes an ouster; it involves a situation where a person is deprived of her/his possession with the coming of another person into possession. Dispossession implies deprivation of a right…
Property vested in a deity and property as a deity
There is a significant distinction between property vested in a foundation (as in Roman law) or a deity as a juristic person (as in Hindu Law) and property per se…
Seth Hukum Chand v Maharaj Bahadur Singh- the Dispute on ‘Shikharji’
In Sir Seth Hukum Chand v Maharaj Bahadur Singh, the dispute concerned two sects of the Jain community with regard to the rights of worship of a hill of 25…
Classification on the basis of Education Qualifications- Degree and Diploma Holders
The Constitution enshrines the principle of non-discrimination on the basis of religion, race, caste, sex, place of birth or descent for appointment to any office under the State. Under this…
Pawnee’s Right when Pledged Goods have been seized by the Government
The right of the lender, or pledgee, is to retain the chattle until a proper tender of the amount due is made. Under Section 173 of the Contract Act, a…
Ram Jankijee Deities v State of Bihar- Existence of valid deity to whom a dedication could be made
In Ram Jankijee Deities v State of Bihar the question before the court concerned whether the consecration of a deity with a visible image by the performance of appropriate ceremonies…
Thayarammal v Kanakammal- Property was dedicated to the general public as a resting place
In Thayarammal v Kanakammal, by way of writings on a stone inscription, the suit properties were dedicated for use by the public as a Dharmachatram (choultry) where travellers and pilgrims…