Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Religious endowments |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Hindu Law: Orissa Hindu Religious Endowments Act, 1951 : Religious endowment - Public temple - Durga Puja and other religious festivals celebrated on Government land since 1949 - Later a Society was registered and lease of the very land obtained from Government for 90 years for the said religious purposes - Thereafter, Puja Mandap and temples were constructed from public donations and religious festivals were celebrated regularly year after year - Held, temples are intended to be public temples in which every member of the Hindu community entitled to enter as of light and entry not restricted to the members of the Society - Fact that membership of the Society is not restricted to any particular religious community makes no difference - Durga Puja and other festivals are intended for the Hindu Public. Section 27 - Religious endowment - Government land obtained on lease for 90 years and temples, Puja Mandap, shops, library, dharmshala, guesthouse, office rooms etc., constructed on such land from public donation - Held, appeal calling for public donations clinchingly establishes that the Mandap, shops, garden, library, Dharmshala, guest house, office rooms and temples are all pan of religious endowment - Hence, appointment of non-hereditary trustees under S. 27 rightly made. Religious endowment - Public temples - Held, even assuming the proposition that a temple in order to be a public temple must be constructed on land of which the founders are owners to be correct, still that proposition cannot apply to land leased for as long a period as a years. Evidence Act, 1872 : Sections 91 and 92.Oral evidence - Adducing of - Held, can be adduced to show that the recitals in a deed are nominal or not intended to be acted upon or that they are not meant to alter the existing state of affairs - Hence, oral evidence to show that a Society's main concern is celebration of Durga Puja and other festivals can be adduced. Societies Registration Act, 1860 : Preamble and Sections 1 and 20. "Charitable purposes'' - Meaning and scope of - Held, includes religious purposes also. Words and Phrases : "Charitable purposes" - Meaning of - In the context of Preamble to, and Sections 1 and 20 of the Societies Registration Act, 1860. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 63 |
Petitioner | Hindu Public And Anr. |
Respondent | Rajdhani Puja Samithee And Ors. |
SCR | [1999] 1 S.C.R. 635 |
Judgement Date | 1999-02-16 |
Case Number | 2546 |
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