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.