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july 2005

Supreme Court of India · 2005-07-28

Vinayaka Dev Idagunji & Ors vs Shivaram & Ors

Citation / case number
AIR 2005 SUPREME COURT 3081
Court
Supreme Court of India
Petitioner
Vinayaka Dev Idagunji & Ors
Respondent
Shivaram & Ors
Author
Arun Kumar
Bench
B.P. Singh, Arun Kumar

Judgment text excerpt

The Supreme Court held that a suit to establish hereditary rights of archaks in a temple is a private right and not a public right under Section 50 of the Bombay Public Trusts Act, 1950. The Court clarified that the plaintiffs, as hereditary archaks, have a right to perform their duties and receive offerings, which are not part of the temple's income. The Court ruled that the trustees cannot unilaterally terminate the archaks' rights without due process, thus upholding the plaintiffs' claim against the trustees' actions.

Vinayaka Dev Idagunji & Ors vs Shivaram & Ors · Niyam