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J. J. MUNIR
Neel Prasad – Appellant
Versus
Anoop Prasad – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. Heard Mr. Deepak Kumar Srivastava, learned Counsel for the petitioner and Mr. Manish Goyal, learned Senior Advocate, who on request of the Court acted as Amicus Curiae.
2. This petition under Article 227 of the Constitution arises from proceedings brought before the District Judge of Gorakhpur under Section 34 of the Indian Trusts Act, 1882 (for short ‘the Act of 1882’).
3. By an application under Section 34 of the Act of 1882, the petitioner, invoking the advisory jurisdiction of the Court regarding the management of trust property of the temple of Thakur Ji, has come up with a prayer for the grant of permission to dispose of the property of the temple, that is de-butter, in order to apply the proceeds of the sale for restoration of the temple, that is said to be hundred years old and in a dilapidated condition.
4. The learned Additional District Judge, Court No. 1, Gorakhpur, before whom the said application numbered as Civil Misc. Case No. 171 of 2020 came up, has rejected the same, holding that the Act of 1882 does not apply to public or private religious or charitable endowments.
5. It is against the said order that the unsuccessful applicant before the
The main legal point established in the judgment is that the Indian Trusts Act, 1882 does not apply to public religious trusts, and the petitioner's remedy under Section 34 of the Act is not availabl....
The main legal point established in the judgment is that the determination of whether a trust is public or private depends on the intention of the donors and the nature of the beneficiaries. The cour....
The main legal point established in the judgment is that the dedication of the properties for the performance of Naivedyam service to the temple constituted a specific endowment, and the application ....
Art.227 jurisdiction barred when CPC O.7 R.11 remedy available for plaint rejection.
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
A suit under Section 92 C.P.C. must be filed in the Principal Civil Court of original jurisdiction, not in a Civil Judge's Court, and the absence of a trust-deed does not prevent admission.
The court ruled that actions taken by the State Hindu Religious Trust Board were without jurisdiction due to non-compliance with statutory provisions, affirming the private nature of the religious tr....
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