Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 22 51 & 79 1950-Sections80 36 26 17 19 Bombay Public Trusts Act 41 2(13) 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Public Trusts : Bombay Public Trusts Act, 1950-Sections 80, 2(13), 17, 19, 21, 22, 26, 36, 41, 51 & 79-Bar of jurisdiction of Civil Court under S. 80-Extent of 'Brethren Church' registered as society under the Societies Registration Act as also as public trust under the Bombay Public Trusts Act-Consequent merger of churches in name of Appellant-Civil suit filed a) for declaration that the 'Brethren Church' had ceased to exist and Appellant was its legal successor with rights over its property and b) for injunction against obstruction in functioning of Appellant-Maintainability of-Held, not maintainable-Averments made in the plaint indicate that the dispute was in relation to management of the churches as a religious trust and not as a society-Control and management of the religious trusts vests in the Charity Commissioner appointed under the BPT Act-BPT Act is a complete code in itself-Civil Court will have no jurisdiction in relation to a matter where the statutory authorities have the requisite jurisdiction-Societies Registration Act, 1860-- Section 13-Code of Civil Procedure, 1908-Section 9. The 'Brethren Church' was established for the propagation of the protestant faith of Christian religion. It was registered as a religious society under the Societies Registration Act, 1860 in 1944 and also as a public trust under the Bombay Public Trusts Act, 1950 (BPT Act) after the same came into force. The 'Brethren Church' was allegedly dissolved and a unified Church by the name of "The Church of Northern India" (CNI) i.e. Appellant was formed. However the dissolution of the 'Brethren Church' was disputed and the functioning of the Appellant obstructed. Consequently, a civil suit was filed praying a) that it be declared that the 'Brethren Church' had ceased to exist; b) that it be declared that Appellant is the legal continuation and successor of the said 'Brethren Church' together with the right, title, claim, interest in or over its properties and the constitution, decisions and resolutions of the Appellant, its Synod and Gujarat Diocesan Council are binding on all the Pastorates on Gujarat which were functioning as local Churches or congregations under the 'Brethren Church' and c) that the defendants and their associates be restrained by a perpetual injunction from acting in any manner contrary to the constitution, decisions and resolutions of the Appellant, its Synod and Gujarat Diocesan. Council and from obstructing in any manner the plaintiffs and other members/office bearers of these pastorates under the Appellant in acting in accordance with the said constitution, decisions and resolutions and in their use, enjoyment and possession of the Churches and their properties. The question which arose for consideration in the present appeal is whether the suit involved questions within the exclusive domain of the Charity Commissioner appointed under the BPT Act and the jurisdiction of the Civil Court was barred in terms of Section 80 of the BPT Act. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 248 |
Petitioner | Church Of North Of India |
Respondent | Lavajibhai Ratanjibhai And Ors. |
SCR | [2005] 3 S.C.R. 1037 |
Judgement Date | 2005-05-03 |
Case Number | 9419 |
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