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april 1959

Supreme Court of India · 1959-04-15

THE STATE OF BIHAR & OTHERS vs BHABAPRITANANDA OJHA

Citation / case number
SC 1954/90246
Court
Supreme Court of India
Petitioner
THE STATE OF BIHAR & OTHERS
Respondent
BHABAPRITANANDA OJHA
Bench
DAS, SUDHI RANJAN (CJ),DAS, S.K.,GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.

Judgment text excerpt

The Supreme Court upheld the Bihar Hindu Religious Trusts Act, 1950, affirming its constitutionality under Article 14 and Article 25 of the Constitution. The Court ruled that the Bihar Legislature has the authority to legislate on religious trusts located in Bihar, even if some properties are outside its jurisdiction. It validated the provision in Section 4(5) of the Act that excludes such trusts from the purview of Section 92 of the Code of Civil Procedure, thereby terminating the jurisdiction of the Burdwan District Judge and the Calcutta High Court over the temple in question.

THE STATE OF BIHAR & OTHERS vs BHABAPRITANANDA OJHA · Niyam