FERNANDO v. SIVASUBRAMANIAM
1959 Present:
Basnayake, C. J., and Pulle, J.
C. A. FERNANDO et al., Appellants, and T. N. I. SIVASUBRAMANIAM
AIYER, Respondent
S. C. 444 A-B-D. O. Jaffna, 173/L
Charitable
trust-Applicability of English law-Hindu religious trust-Interpretation of
expressions such as " madam ", " abishekam ", " neivethiam ", " Duwadesi "
-Trusts Ordinance (Cap. 72), 88. 2, 99 (1) (c), 99 (4).
If a trust is claimed to be charitable and it falls within one or other of the
categories specified in section 99 (1) of the Trusts Ordinance, no principle of
English law relating to charities isadmis8ible to show that it is not a
charitable trust.
Per PULLE, J .-(1) In determining whether an instrument has created a
Hindu religious trust for the maintenance of religious rites and practices
within the purview of section 99 (1) (c) of the Trusts Ordinance, provisions
relating to the feeding of Brahmins on "Duwadesi " days and to the assignment of
a " madam " for that purpose, and expressions such " abishekam " and"
neivethiam ", must be interpreted in the context of the religious beliefs of the
person who executed the deed, For such purpose, admissions
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