Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Trusts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Public Trusts: Rajasthan Public Trusts Act, 1959 - Chapter X - Sections 52 & 53 - State Government obligated to constitute a Committee of management of a public trust to which Chapter X of the Act applies - Constitution of such a Committee of management does not fall within discretionary jurisdiction of the State Government - Expression "shall" used in sub-sections (1) and (2) of s.53 implies imperative character of law - Rajasthan Public Trusts Rules, 1962 - Rule 36 - Interpretation of Statutes - Harmonious construction. The temple in question in the present appeals is situated in Rajasthan. Management of the temple is in issue. In an earlier round of litigation, this Court had held that the temple in question is a Jain temple and not a Hindu Temple and that the management of the temple is vested in the State of Rajasthan.In the present round of litigation, the Single Judge of the High Court held that it is imperative on the part of the State Government to issue an appropriate notification constituting a Committee of management in respect of the temple in question. The Division Bench however held that some element of discretion exists in the State Government. It made certain modifications in regard to Constitution of Committee leaving the matter at the discretion of the State Government opining Sections 52 and 53 of the Rajasthan Public Trusts Act, 1959 confers such discretion to it. The question which arose for consideration in the present appeals is whether the State Government is obligated to constitute a committee of management of a public trust to which Chapter X of the Act applies or whether the constitution of such a committee of management falls within the discretionary jurisdiction of the State Government. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 4 |
Petitioner | Deew An Singh And Ors. |
Respondent | Rajendra Pd. Ardevi And Ors. |
SCR | [2007] 1 S.C.R. 30 |
Judgement Date | 2007-01-04 |
Case Number | 4092-4095 |
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