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july 2005

Supreme Court of India · 2005-07-28

VINAYAKA DEV IDAGUNJI vs SHIVARAM .

Citation / case number
SC 2004/9596
Court
Supreme Court of India
Petitioner
VINAYAKA DEV IDAGUNJI
Respondent
SHIVARAM .
Author
ARUN KUMAR
Bench
ARUN KUMAR B.P. SINGH

Judgment text excerpt

The Supreme Court addressed the issue of whether a suit by hereditary archaks for their rights in a temple falls under personal rights or public rights as per Section 50 of the Bombay Public Trusts Act, 1950. The Court held that the plaintiffs, claiming hereditary rights to perform pooja and receive offerings, must seek the Charity Commissioner's consent to file the suit, as it pertains to a public trust. The Court ruled that the trustees' actions to terminate the plaintiffs' archakship were illegal and void, emphasizing the need for adherence to statutory provisions governing public trusts.

VINAYAKA DEV IDAGUNJI vs SHIVARAM . · Niyam