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may 1978

Supreme Court of India · 1978-05-02

JADU GOPAL CHAKRAVARTHY (DEAD) AFTER HIM HIS LEGA vs PANNALAL BHOWMICK AND ORS.

Citation / case number
SC 1968/60228
Court
Supreme Court of India
Petitioner
JADU GOPAL CHAKRAVARTHY (DEAD) AFTER HIM HIS LEGA
Respondent
PANNALAL BHOWMICK AND ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that the deed of trust executed by Indra Narayan Biswas did not create an absolute debuttar but rather charged the properties for the worship of the deity, allowing for scrutiny under Section 103 of the Civil Procedure Code. The Court emphasized that the settlor's intention to reserve some benefits for family relations must be considered, leading to the conclusion that the debuttar was partial. The Court upheld the trial court's interpretation and dismissed the appeal.

JADU GOPAL CHAKRAVARTHY (DEAD) AFTER HIM HIS LEGA vs PANNALAL BHOWMICK AND ORS. · Niyam