Searching Case Laws & Precedent on Legal Query..!
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Searching Case Laws & Precedent on Legal Query..!
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Meaning of Excepted - The term excepted generally refers to specific categories or premises that are exempted from the scope of certain laws or regulations, often based on their classification or characteristics. For example, premises that are excepted premises under the Rent Restriction Act are those that are exempt from rent control provisions, typically due to their construction date, purpose, or valuation. Similarly, excepted persons are categories of residents, such as Europeans, Burghers, or laborers, who are exempted from certain jurisdictional or statutory provisions ["PERERA v. SENN"], ["SENEVIRATNE v. PERERA"], ["NADAR v. LEON"].
Legal Interpretation of Excepted - Courts have interpreted excepted to mean that certain premises, persons, or matters are excluded from the application of specific statutes or regulations based on clear criteria. For example, premises constructed after a certain date or with a valuation exceeding a specified amount are excepted premises under rent laws, and the burden is on the claimant to prove whether premises fall within this category ["PERERA v. SENN"], ["SENEVIRATNE v. PERERA"], ["Nadar v Leon - Supreme Court"]. Similarly, temples with hereditary trustees or certain categories of temples are classified as excepted temples based on their legal definition and historical status ["Samarakoon Mudiyanselage Saheli Sajeera Samarakoon No. 80 vs Karunadasa Abeywickrema No. 72 - Supreme Court"], ["SRI00000002274"].
Application in Disputes and Jurisdiction - The designation excepted influences jurisdiction and dispute resolution. For instance, claims involving excepted matters or excepted premises are often excluded from arbitration or certain legal processes unless specific conditions are met or all parties consent ["GENERAL MANAGAER NORTHERN RAILWAYS vs SARVESH CHOPRA - Supreme Court"], ["GENERAL MANAGAER NORTHERN RAILWAYS vs SARVESH CHOPRA - Supreme Court"], ["M. P. Urja Vikas Nigam Ltd. VS Santosh Kumar Dubey - Madhya Pradesh"], ["Pawan Kumar Jain VS Union of India (UOI) - Madhya Pradesh"], ["PAWAN KUMAR JAIN VS UNION OF INDIA - Madhya Pradesh"].
Summary - In essence, excepted signifies exemption from particular legal provisions, determined by statutory definitions and criteria. The interpretation hinges on the context, such as whether it relates to premises, persons, temples, or matters within contractual or statutory frameworks, and it often requires proof that the specific conditions for exemption are satisfied ["PERERA v. SENN"], ["SENEVIRATNE v. PERERA"], ["NADAR v. LEON"].
Analysis and Conclusion:The term excepted is a legal classification used to identify entities, premises, or matters that are exempt from certain statutory obligations or restrictions. Its application depends on precise definitions within statutes or regulations, and courts interpret it by applying the plain, literal meaning unless doing so would lead to injustice or inconsistency. The determination of whether something is excepted can significantly affect legal rights, jurisdiction, and the applicability of laws, as seen in cases involving rent laws, temple classifications, or contractual disputes ["PERERA v. SENN"], ["SENEVIRATNE v. PERERA"], ["NADAR v. LEON"].
In the intricate world of Indian religious law, terms like excepted can carry significant weight, particularly for temple management and trusteeship. If you've ever wondered about the meaning of 'Excepted' in legal contexts involving temples, especially under the Orissa Religious Endowments Act, 1939, you're not alone. This term often refers to temples exempt from certain state regulations due to their unique succession patterns for trustees. Understanding this classification can impact how temples are governed, who holds trusteeship, and what oversight applies.
This blog post dives deep into the definition, proofs required, judicial interpretations, and practical implications, drawing from key legal precedents. While this provides general insights, consult a legal expert for specific advice.
Under Section 6(5) of the Orissa Religious Endowments Act, 1939, an excepted temple is defined as a temple, the right of succession to the office of trustee or the offices of all the trustees (where there are more trustees than one) whereof has been hereditary or the succession to the trusteeship whereof has been specially provided for by the founder. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6
This exemption shields the temple from various regulatory provisions in the Act, allowing hereditary or founder-specified succession to prevail. Similarly, Section 6(6) describes a hereditary trustee as one whose office devolves by hereditary right or by nomination by the trustee for the time being or is otherwise regulated by usage or is specially provided for by the founder so long as such scheme of succession is in force. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6
Courts have clarified that has been hereditary equates to is hereditary, focusing on de facto succession from the founder onward, not necessarily unbroken from the endowment's origin. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6
Analogous provisions exist in the Madras Hindu Religious Endowments Act, where Section 9(5) (pre- and post-1930 amendments) hinges on hereditary succession per Clause 5(b). C. V. Chelapathi Rao Naidu VS The Board of Commissioners for Hindu Religious Endowments represented by its President - 1936 0 Supreme(Mad) 210The Board of Commissioners for the Hindu Religious Endowments VS P. V. R. Ratnasami Pillai - 1936 0 Supreme(Mad) 424
Claiming excepted status isn't automatic. Plaintiffs must demonstrate actual hereditary devolution, often through:
As held in Ghelapathi Rao v. Board of Commissioners, succession must devolve hereditarily from the founder in practice. Mere presumptive rights or family founding claims fail without proof. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6C. V. Chelapathi Rao Naidu VS The Board of Commissioners for Hindu Religious Endowments represented by its President - 1936 0 Supreme(Mad) 210
A presumption arises from father-to-son descent without deeds, if held across generations. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6
Amendments redefining excepted temple don't create vested rights. Prior Board classifications aren't permanent; temples can be reclassified prospectively without retrospectivity issues. The Board of Commissioners for the Hindu Religious Endowments VS P. V. R. Ratnasami Pillai - 1936 0 Supreme(Mad) 424
For instance, under the Madras Act, shifts in definition allow variation in grouping. The Board of Commissioners for the Hindu Religious Endowments VS P. V. R. Ratnasami Pillai - 1936 0 Supreme(Mad) 424
In a notable Orissa case, a temple was affirmed as excepted based on post-acquisition family management and prior chela-guru hereditary lines. Evidence like sale deeds and 40+ years of records upheld the Commissioner's order in Title Suit No. 11 of 1945. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6
Conversely, in another dispute under the Orissa Hindu Religious Endowments Act, 1939, Betanda Math was declared a non-excepted temple by the Commissioner in 1946. A 1951 suit challenging this was barred by limitation under Section 64(2), as it wasn't filed within one year. The court also found no prescribed succession rule; the Raja of Madhupur could appoint trustees freely. The appeal was dismissed with costs. MAHANT SRI BALARAM DAS VS HARIBALLABH DAS - 1960 Supreme(Ori) 167
These cases underscore timing and proof's importance. A suit under Section 64(1) must be timely, and hereditary claims need robust evidence. MAHANT SRI BALARAM DAS VS HARIBALLABH DAS - 1960 Supreme(Ori) 167
Not all temples qualify:
While our focus is religious endowments, excepted appears elsewhere, highlighting context-dependency:
These illustrate excepted carves precise exemptions, demanding strict interpretation.
To pursue excepted status:
This framework generally governs, but laws evolve, and facts vary. This isn't legal advice—seek professional counsel for your situation.
References:1. BALA KRISHNA KAR VS GANESH PRASAD BHAGAT - 1952 0 Supreme(Ori) 6: Core Orissa definitions and affirmative holdings.2. The Board of Commissioners for the Hindu Religious Endowments VS P. V. R. Ratnasami Pillai - 1936 0 Supreme(Mad) 424: Amendments and no vested rights.3. C. V. Chelapathi Rao Naidu VS The Board of Commissioners for Hindu Religious Endowments represented by its President - 1936 0 Supreme(Mad) 210: Proof requirements under Madras Act.4. MAHANT SRI BALARAM DAS VS HARIBALLABH DAS - 1960 Supreme(Ori) 167: Limitation and non-hereditary findings.
#ExceptedTemple, #ReligiousEndowments, #HereditaryTrustee
A landlord instituted action on 7th September, 1960, for the ejectment of his tenant from certain premises which were " excepted premises " within the meaning of section 2 (5) of the Rent Restriction Act, No. 29 of 1948. ... At the time of the institution of the action the premises were excepted premises within the meaning of section 2 (5) of the Rent Restriction Act, No. 29 of 1948, in that the construction of the premises had been completed after 1st March 1953. The action came on for trial on 2nd J....
The filing of such an application would be an instance of proceedings being instituted for the ejectment of the tenant within the meaning of section 13 (1) of the Rent Restriction Act. ... Colombo, 72808 Rent Restriction Act, No. 29 of 194S-Section 13 (1)-Action in respect of " excepted premises "-Effect when, pending the action, the premises are taken out of the category of " excepted premises "-" Proceedings for the ejectment of the tenant". ... In the result, the premises were taken out of the category of " excepted#H....
Village Communities-Excepted person-Indian Tamil-Ordinance No. 9 of 1924, s. 60. An Indian trader living temporily in Ceylon is not an excepted person within the meaning of section 3 of the Village Communities Ordinance of 1924. ... ( 124 ) Excepted persons are defined in section 3 as meaning persons resident in the Colony, and being (a) persons commonly known as Europeans, (6) persons commonly known as Burghers, (c) labourers as defined in Ordinance No. 13 of 1889, including any woman or....
An Indian trader living temporily in Ceylon is not an excepted person within the meaning of section 3 of the Village Communities Ordinance of 1924. from an order of the Police Magistrate of Colombo. J. S. ... Excepted persons are defined in section 3 as meaning persons resident in the Colony, and being (a) persons commonly known as Europeans, (6) persons commonly known as Burghers, (c) labourers as defined in Ordinance No. 13 of 1889, including any woman or child related to ....
Corea.n59 NLR 525 Plaintiff sued the Defendant alleging that the premises were “excepted premises within the meaning of the Rent Act. ... Held – The premises were business premises as a private tutory was being run there but for the plaintiff to succeed the burden was on him to prove that the premises were excepted premises within the meaning of the Rent Act. ... Municipality of Colombo 6,000 Municipality of Kandy, Galle or any other Municipality 4,000 Town within the meaning of the Urban Councils Or....
In my opinion the hire of the boats will not be excepted from the cognizance of the Court Small Causes. It is only the rent other than the house rent which has been excepted. ... If we stretch the meaning of rent to include hire as well then the hire of machinery and other movable articles would also be excepted from the cognizance of the Court of Small Causes. That is not the scheme of the Act. This view is further supported by a, reference to the Limitation Act. ... The dictionary meaning of the word ....
In this view of the meaning of the regulation the same premises cannot be brought within or excepted from the operation of the Act from time to time by a mere change in the purpose for which they are occupied. ... which shall be excepted premises. ... The premises were, therefore, excepted premises within the meaning of Regulation 2 of the Schedule to the Rent Restriction Act. When the premises were let in May, 1949, and at the time of the institution of the present action to eject the overholding....
Some time in 1927, the temple, to which this application relates, was held by the Board to be an excepted temple within the meaning of the definition as it stood in the Act of 1927. ... Properly understood, the decision merely means that the institution was an excepted temple within the meaning of Act II of 1927. It cannot be suggested that it is not open to the legislature to vary that definition. ... On such variation, the question for determination will be whether the institution is an excepted templ....
The institution is not an "excepted temple" within the meaning of the Act. ... The appeal fails and is dismissed with costs. ... Barman, J. ... 19. I agree. ... Early in 1946 there was a dispute between the then Mahant of the temple, namely Mahant Jagannath Das on the one hand, and the then Raja of Madhupur on the other, as to whether the temple was an "excepted temple" within the meaning of the Act, and whether Mahant Jagannath Das was the hereditary trustee ... The expression "excepted temple" has bee....
The applicant has filed rejoinder affidavit denying the allegation that claim (v) is an excepted matter. He also asserts that there is no decision within the meaning of Clause 39 of GCC. ... A learned Single Judge of Delhi High Court directed two claims to be referred and declined to make such an order insofar as claims 3 to 6 treating them as "excepted matters" within the meaning of Clause 63 of GCC. ... In the rejoinder affidavit filed by applicant, receipt of letter dated 19.10.2006 is not denied except reiterating th....
To be excepted from within the meaning of ‘retrenchment’ the termination of service must fall within one of the four excepted categories. A termination of service which does not fall within the categories (a), (b), (bb) and (c) would fall within the meaning of ‘retrenchment’. There are four exceptions carved out of the artificially extended meaning of the term ‘retrenchment’, and therefore, termination of service of a workman so long as it is attributable to the act of the employer would fall within the meaning of ‘retrenchment’ de hors the reason for termination.
A termination of service which does not fall within categories (a), (b), (bb) and (c) would fall within the meaning of "retrenchment". To be excepted from within the meaning of "retrenchment" the termination of service must fall within one of the four excepted categories. There are four exceptions carved out of the artificially extended meaning of the term "retrenchment", and therefore, termination of service of a workman so long as it is attributable to the act of the employer would fall within the meaning of "retrenchment" dehors the reason for termination.
To be excepted from within the meaning of 'retrenchment' the termination of service must fall within one of the four excepted categories. A termination of service which does not fall within the categories (a), (b), (bb) and (c) would fall within the meaning of 'retrenchment'. There are four exceptions carved out of the artificially extended meaning of the term 'retrenchment', and therefore, termination of service of a workman so long as it is attributable to the act of the employer would fall within the meaning of 'retrenchment' de hors the reason for termination.
To be excepted from within the meaning of 'retrenchment' the termination of service must fall within one of the four excepted categories. A termination of service which does not fall within the categories (a), (b), (bb) and (c) would fall within the meaning of 'retrenchment'. There are four exceptions carved out of the artificially extended meaning of the term 'retrenchment', and therefore, termination of service of a workman so long as it is attributable to the act of the employer would fall within the meaning of 'retrenchment' de hors the reason for termination.
A termination of service which does not fall within the categories (a), (b), (bb) and (c) would fall within the meaning of 'retrenchment'. 13. There are four exceptions carved out of the artificially extended meaning of the term 'retrenchment', and therefore, termination of service of a workman so long as it is attributable to the act of the employer would fall within the meaning of 'retrenchment' de hors the reason for termination. To be excepted from within the meaning of 'retrenchment' the termination of service must fall within one of the four excepted categories. The t....
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