Supreme Court of India
Vinayaka Dev Idagunji and Ors. v. Shivaram and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
Held as under : Although, therefore, the office of a priest in a temple, when it is F not annexed to the ownership of any land, or held by virtue of such ownership, may not, in the ordinary sense of the tenn, be immovable property, but is an incorporeal hereditament of a personal nature, yet being by the custom of Hindus classed with immovable property, and so regarded in their law
Judgment, page 8
From the headnote
Bombay Public Trusts Act, 1950--Sections 50 and 51--Archaks of temple-Termination of their services by Trustees of temple-Suit for declaration that right to Archakship was hereditary, that archaks were entitled to share in offerings of devotees, and that termination of their services was illegal-Maintainability of-Held: Suit was for enforcement of personal/private right and no public interest was involved-It was not covered by Section 50 and was maintainable without consent of the Charity Commissioner-Sections 9 and 92 of the Code of Civil Procedure, 1908. Respondents claimed themselves to be
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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