Supreme Court of India · 2005-07-25
R. MURALI vs KANYAKA P. DEVASTHANAM & CHARITIES
- Citation / case number
- SC 2004/5949
- Court
- Supreme Court of India
- Petitioner
- R. MURALI
- Respondent
- KANYAKA P. DEVASTHANAM & CHARITIES
- Author
- ARUN KUMAR D. M. DHARMADHIKARI
- Bench
- ARUN KUMAR D. M. DHARMADHIKARI
Judgment text excerpt
The Supreme Court held that the leave granted under Section 92 of the Code of Civil Procedure to file a suit for reframing the scheme of administration of a religious and charitable institution was improperly revoked by the High Court. The Court emphasized that the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 does not preclude the applicability of Section 92 CPC, and the jurisdiction to modify the scheme lies with the court, not solely with the Joint Commissioner or Deputy Commissioner. The Court reinstated the leave to file the suit, affirming the lower court's decision.