HINDU PUBLIC AND ANR. versus RAJDHANI PUJA SAMITHEE AND ORS.

HINDU PUBLIC AND ANR. versus RAJDHANI PUJA SAMITHEE AND ORS.

Temples, Mandap, library, shops, guest house, office rooms constructed from public donations on government leasehold land are part of public religious endowment for Hindu community; Society cannot restrict entry; lease for 90 years suffices for endowment; charitable purposes under Societies Registration Act include religious purposes; appointment of non-hereditary trustees valid.

Parties
Appellant: Hindu Public; Appellant: K.C. Malla; Respondent: Rajdhani Puja Samithee; Respondent: Sri Bhubaneswar; Respondent: Sri Bhubaneswari; Respondent: Sri Hanuman; Respondent: Vinoo Bhagat; Respondent: R.K. Mehta
Jurisdiction
India
Judgment Date
16 February 1999
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal allowed for Hindu Public; Appeals by Rajdhani Puja Samithee dismissed.
Legal Topics
Public Religious Endowment, Charitable Purposes Under Societies Registration Act, Interpretation of Evidence Act
Hindu Law Charitable Trusts & Endowments Public Religious Endowment Charitable Purposes Under Societies Registration Act Interpretation of Evidence Act

Case Brief

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Parties

Hindu Public

Appellant

K.C. Malla

Appellant

Rajdhani Puja Samithee

Respondent

Sri Bhubaneswar

Respondent

Sri Bhubaneswari

Respondent

Sri Hanuman

Respondent

Vinoo Bhagat

Respondent

R.K. Mehta

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Can a society be registered for religious purposes under the Societies Registration Act, 1860, as charitable purposes?
  2. 2 Does leasehold land preclude creation of a public religious endowment?
  3. 3 Does addition of secular objects convert a religious endowment into a secular one?

Ratio Decidendi

Temples, Mandap, library, shops, guest house, office rooms constructed from public donations on government leasehold land are part of public religious endowment for Hindu community; Society cannot restrict entry; lease for 90 years suffices for endowment; charitable purposes under Societies Registration Act include religious purposes; appointment of non-hereditary trustees valid.

Court Disposition

Appeal allowed for Hindu Public; Appeals by Rajdhani Puja Samithee dismissed.

Orders

  • Order of Deputy Commissioner restored.
  • Appointment of non-hereditary trustees under S.27 of Orissa Hindu Religious Endowments Act, 1951 justified.