| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | ss.6(6) 69 1959 6(7) Applicability of 70 110 and 115 s.5 Limitation Act 63 HR & CE Act 1963 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Limitation Act, 1963 (36 of 1963) Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (22 of 1959) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Hindu Religious Endowment Charitable Act, 1959 – ss.6(6), 6(7), 63, 69, 70, 110 and 115 – Limitation Act, 1963 – s.5 – Applicability of – Joint Commissioner of the Hindu Religious and Charitable Endowment Board passed an order holding that appellant was entitled for Ambalam right in his village – Third respondent filed an appeal u/s. 69 of the Act – A delay condonation application was also filed by the third respondent praying for condonation of delay of 266 days – Delay was condoned by the Commissioner – Writ petition was filed by the appellant against the order condoning delay – Single Judge of the High Court held that in appeal proceedings before the Commissioner s.5 of the Limitation Act was fully applicable – Division Bench of the High Court held that Act, 1959 does not exclude the applicability of the Limitation Act, 1963 – On appeal, held: The provisions of Limitation Act including s.5 can be applied in deciding an appeal by statutory authority which is not a Court by the statutory scheme of special or local law – Commissioner is not a Court within the meaning of the Act, 1959 – There is nothing u/s.110 of the Act, 1959 which indicates that Limitation Act is also made applicable in hearing of appeal – The provision of s.69 of Act, 1959 also indicates that Legislature never contemplated applicability of s.5 of the Limitation Act in proceedings before Commissioner – Further, s.115 of the Act, 1959 indicates that provision for only computation of limitation has been made applicable the proceedings under Act, 1959 – s.115 of the Act, 1959 cannot be read in a manner as to providing applicability of s.5 of the Limitation Act – There is no other provision in the scheme from which it can be inferred that Act, 1959 intended applicability of s.5 of the Limitation Act to the proceedings of appeal before the Commission – Thus, s.5 of the Limitation Act is not applicable as per the scheme of the Act, 1959.Hindu Religious Endowment Charitable Act, 1959 – s.69 – Appellant contended that the Commissioner who is empowered to decide the appeal u/s. 69 of Act, 1959 is not a Court – Held: The definition of Court as contained in s.6(7) indicates that what Act, 1959 refers to a court is a civil court created in the State – The scheme of the Act clearly indicates that Commissioner is an authority under the Act who is to be appointed by the Government – The Commissioner is entrusted with various functions under the Act and one of the functions entrusted to the Commissioner is hearing of the appeal u/s. 69 of the Act, 1959 – Further, any party aggrieved by the order of the Commissioner u/s. 69(1) and 69(2) can file a suit in the Court u/s.70 against such order – When an appeal is provided against the order of the Commissioner u/s. 69 to the Court which is defined u/s.6(7), there is no question of treating the Commissioner as a Court under the statutory scheme of Act, 1959 – Thus, Commissioner is not a Court within the meaning of Act, 1959 |
| Judge | Hon'ble Mr. Justice Ashok Bhushan |
| Neutral Citation | 2019 INSC 623 |
| Petitioner | Ganesan Rep By Its Power Agent G. Rukmani Ganesan |
| Respondent | The Commissioner, The Tamil Nadu Hindu Religious And Charitable Endowments Board & Ors. |
| SCR | [2019] 7 S.C.R. 102 |
| Judgement Date | 2019-05-03 |
| Case Number | 4582 |
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