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july 2005

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.

R. MURALI vs KANYAKA P. DEVASTHANAM & CHARITIES · Niyam