Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deity Juridical person |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu law: Deity - Whether a Juridical person - Two separate deeds of dedication executed which a dedicating landed properties to deities located in two separate temples situated with the area of the land and put in possession through shebaits - Land ceiling - Claim for two separate units - Entitlement of - Held, both the deities are separate juristic entitled to individual grant - Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Idols and Deities - Images of - Swayambhu or self - Existent and Pratisthita or established - No concept of fake deity existing in Hindu Law - God being formless and shapeless, its presence is felt not by reason of a particular form or image but by reason of the presence of the Omnipotent - Hindu Law recognising Hindu idol as a juridical subject being capable in law of holding property in the same way as that of a natural person - It is not a particular image which is a juridical person but it is a particular bent of mind which consecrate the image. Judicial Propriety: - When there was an existing order of the Division Bench, Single Judge dealing with the matter ought to have referred to the same, more so when a contra view is being expressed - It is a matter of Judicial efficacy and propriety though not a mandatory requirement of law - Practice and Procedure. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 1999 INSC 237 |
Petitioner | Ram Jankijee Deities And Ors. |
Respondent | State Of Bihar And Ors. |
SCR | [1999] 3 S.C.R. 442 |
Judgement Date | 1999-05-11 |
Case Number | 107 |
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