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march 1965

Supreme Court of India · 1965-03-29

NIRMALA BALA GHOSE AND ANOTHER vs BALAI CHAND GHOSE AND ORS.

Citation / case number
SC 1964/90410
Court
Supreme Court of India
Petitioner
NIRMALA BALA GHOSE AND ANOTHER
Respondent
BALAI CHAND GHOSE AND ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the determination of whether a deed of dedication creates an absolute or partial dedication must be based on the entire deed's provisions. A reasonable provision for the maintenance of Shebaits does not invalidate the endowment, as the property is held by the deity in an ideal sense. The Court clarified that invalid provisions do not affect the endowment's validity, and the beneficial interest reverts to the deity if the endowment is absolute. Furthermore, the intention of the settlor is paramount in determining the nature of the dedication, irrespective of income and expense dynamics.

NIRMALA BALA GHOSE AND ANOTHER vs BALAI CHAND GHOSE AND ORS. · Niyam