fam Flashcards

1
Q

sec — says:
This Act applies—
(a) to any person who is a Hindu by religion in any of its forms or developments, including a —-, a ==== or a follower of the ====, === or ==== Samaj,
(b) to any person who is a —-, === or —– by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a ===, –, == or — by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

A

2
This Act applies—
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj,
(b) to any person who is a Buddhist, Jain or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

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2
Q

Explanation. The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2)Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (—) of Article — of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the
provisions contained in this section.

A

cl 25 of art 366

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3
Q

Supreme Court in —– (AIR —— SC 1119) Held:
“ …. Acceptance of the - wi-th reverence, recognition and realization of the truth that the number of Gods to be worshipped is large, is distinguishing feature of Hindu law “

A

Shastri V Muldas air 1966
vedas
bsc: vedas + recong that no of gods to be worshipped is large

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4
Q

—- v state of P&h (year):
what happened here?

A

Birendra kaur v state of P&h (2011)
petiton filed alleging that use of the word “Hindu” in the Hindu Succession Act, 1956, Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956 and The Hindu Minority and Guardianship Act, 1956 is illegal and ontraveened FRs.
held: Hinduism, as we have been made to understand by scholars and sages at different times and different ages is not a strait jacket religion; it is a way of life. It is a “Dharma”. Hindus are not one people but many. Therein lies the beauty of India.

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5
Q

——- V State of Kerala (AIR —- Ker 75): minor girl sapna held not to be SC member as hindu SC mother and Christian father. Court held: as no evidence to show she led a “hindu mode of life” – denied relief. Applied even in her case as she was illegtimate child – wedlock.

A

sapna jacob, 1993

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6
Q

Maneka Gandhi V —–(AIR —– Del 114): man S, whose mother was a Hindu and the father a non- Hindu, as he was brought up by his mother as a member of her tribe, he was treated as a Hindu for the purposes of application of the Hindu Succession Act, 1956.

A

indira gandhi
1985

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7
Q

Perumal Nadar v. Poonuswami Nadar (A.I.R. - –S.C. 2352.)

whta said?

A

Perumal Nadar v. Poonuswami Nadar (A.I.R. 1971 S.C. 2352.)
Mere theoretical allegiance to hindu faith nor a bare declaration that he is a hindu is enough to successfully convert. But a bonafide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion. No formal ceremony of purification or expiation is necessary to effectuate conversion.–

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8
Q
A
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9
Q

which case said:
If a person bonafide declares that he has accepted Hinduism as his faith and he has been following Hinduism for some time, he becomes a Hindu.

A

(Mohandas v. Devasam Board, 1975 Ker L.T. 55).

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