Shergill & Ors v Khaira & Ors

Shergill & Ors v Khaira & Ors

The trust deeds and constitutions confer powers on the Holy Saint for the time being and his successors, not limited to the First and Second Holy Saints; the Third Holy Saint was validly appointed by Dastar Bandi ceremony and has not departed from the tenets of Sikhism as required by the governing documents; all appointments and removals of trustees by the Third Holy Saint are valid.

Parties
Claimants: Daljit Singh Shergill & Others; Defendants: Mohinder Singh Khaira & Others
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaratory and injunctive relief granted to claimants; all appointments and removals by the Third Holy Saint held effective; consequential matters and costs adjourned.
Legal Topics
Construction of Trust Deeds, Succession of Religious Office, Interpretation of Constitutions, Charitable Trusts, Religious Institutions
Trusts and Charities Law Religious Law Construction of Trust Deeds Succession of Religious Office Interpretation of Constitutions Charitable Trusts Religious Institutions

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Parties

Daljit Singh Shergill & Others

Claimants

Mohinder Singh Khaira & Others

Defendants

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the ninth claimant is the valid Third Holy Saint of Nirmal Kutia Johal
  2. 2 Whether the trust deeds and constitutions confer powers on successors beyond the First and Second Holy Saints
  3. 3 Whether the Third Holy Saint has departed from Sikhism so as to be disqualified from relief

Ratio Decidendi

The trust deeds and constitutions confer powers on the Holy Saint for the time being and his successors, not limited to the First and Second Holy Saints; the Third Holy Saint was validly appointed by Dastar Bandi ceremony and has not departed from the tenets of Sikhism as required by the governing documents; all appointments and removals of trustees by the Third Holy Saint are valid.

Court Disposition

Declaratory and injunctive relief granted to claimants; all appointments and removals by the Third Holy Saint held effective; consequential matters and costs adjourned.

Orders

  • Declaration that the Third Holy Saint is the valid head of Nirmal Kutia Johal and entitled to exercise powers under the trust deeds and constitutions.
  • Declaration that all appointments and removals of trustees by the Third Holy Saint are valid.