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2014 Supreme(SC) 58

P. SATHASIVAM, RANJAN GOGOI, SHIVA KIRTI SINGH
MONTFORD BROTHERS OF ST. GABRIEL – Appellant
Versus
UNITED INDIA INSURANCE – Respondent


JUDGMENT

SHIVA KIRTI SINGH, J.

1. Heard learned counsel for the appellants and learned counsel for the respondent-Insurance Company.

2. The facts relevant for deciding this appeal are not in dispute and hence noted only in brief.

3. The appellant No.1 is a charitable society registered under the Societies Registration Act, 1960. It runs various institutions as a constituent unit of Catholic Church. It is running various orphanages, industrial schools and other social service activities besides number of educational schools/institutions. Its members after joining the appellant society renounce the world and are known as "Brother". Such a 'Brother' severs his all relations with the natural family and is bound by the constitution of the society which includes Article 60 quoted in paragraph 3of the order dated 10.12.2003 passed in Review Petition No.4 of 2002 and in annexure P.5 as such: "Whatever the 'Brother' receives by way of salary, subsidies, gifts, pension or from insurance or other such benefits belongs to the community as by right and goes into the common purse.

4. "Appellant No.2 is Principal of St. Paul's Higher Secondary School, Aizawal, Mizoram and represents appellant no.1 as



























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