Civil Procedure Code, 1908 - Section 92 - Public charities

Civil Pro­ce­dure Code, 1908 — Sec­tion 92 — Pub­lic char­i­ties — Civil Pro­ce­dure Code, 1908 — Sec­tion 92 — Pub­lic char­i­ties — Suit for refram­ing scheme of admin­is­tra­tion of Sri Kanyaka Para­mesh­wari Dev­asthanam and Char­i­ties — Revo­ca­tion of leave — Sin­gle Judge come to the con­clu­sion that as a result of decree of per­ma­nent injunc­tion obtained by respon­dents, the author­i­ties under Tamil Nadu Act could not be approached for seek­ing charge or mod­i­fi­ca­tion in the scheme of admin­is­tra­tion and man­age­ment of the insti­tu­tion — Decree which had attainted final­ity could not be described as an inci­den­tal obser­va­tion and not part of ?ratio deci­dendi?, ?obiter dicta? and ?not author­i­ta­tive? — Divi­sion Bench of High Court wrongly held that decree granted by City Civil Court in 1976 in favour of respon­dents was con­trary to Sec­tion 64 of the Tamil Nadu Act — As a result of decree of dec­la­ra­tion, insti­tu­tion of reli­gious denom­i­na­tion was pro­tected under Arti­cle 26 of the Con­sti­tu­tion from inter­fer­ence in its man­age­ment by author­i­ties — It was not open to appel­lants to approach author­i­ties for mod­i­fi­ca­tion or refram­ing of scheme, instead of civil Court for that pur­pose — Impugned order passed by divi­sion bench of High Court set aside and that of Sin­gle Judge restored — Appeal allowed. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Civil Procedure Code, 1908 - Section 92 - Public charities