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january 1956

Supreme Court of India · 1956-01-20

SRI SADASIB PRAKASH BRAHMACHARI vs THE STATE OF ORISSA(With connected petitions)

Citation / case number
SC 1954/90307
Court
Supreme Court of India
Petitioner
SRI SADASIB PRAKASH BRAHMACHARI
Respondent
THE STATE OF ORISSA(With connected petitions)
Bench
BOSE, VIVIAN,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court upheld the constitutionality of Sections 42(1)(b), 42(7), 44(2), and 79(A) of the Orissa Hindu Religious Endowments Act, 1951, as amended by Orissa Act XVIII of 1954, ruling that these provisions do not impose unreasonable restrictions on the rights of Mathadipathi under Article 19(1)(f) of the Constitution. The Court clarified that the scheme's framing process involves preliminary inquiries by judicial officers and a full inquiry by the Commissioner, ensuring adequate judicial oversight. The judgment reaffirmed the principles established in Mahant Sri Jagannath Bamanuj Das v. The State of Orissa, ([1954] S.C.R. 1046), and dismissed the petitions challenging the Act's validity.

SRI SADASIB PRAKASH BRAHMACHARI vs THE STATE OF ORISSA(With connected petitions) · Niyam