The principles of law for determination of the question whether an endowment is public or private are fairly well-settled. This Court observed in Deoki Nandan v. Murlidhar, (1956) SCR 756 as follows:- “The distinction between a private and a...
Endowment
The participation of the members of the public in the Darshan in the temple and in the daily acts of worship or in the celebrations of festival occasions may be a very important factor to consider in determining the...
AIR 1967 SC 256 : (1966) Suppl. SCR 436 (SUPREME COURT OF INDIA) Mahant Shri Srinivas Ramanuj Das Vs Surjanarayan Das and another (Before : A. K. Sarkar, C.J.I., M. Hidayatullah, R. S. Bachawat, J. M. Shelat And Raghubar...
Though most of the present day Hindu public temples have been founded as public temples, there are instances of private temples becoming public temples in course of time. Some of the private temples have acquired great deal of religious...
Mutts have generally sadavrats, i.e. arrangements for giving food and shelter to wayfarers and ascetics attached to them. They may have temples to which the public is allowed access. Such circumstances might indicate the public character of the institution....
The Bihar State Board of Religious Trust, (Patna) Vs Mahanth Sri Biseshwar Das- 09/02/1971

20 min read
Hindu Law—Religious endowment—Nature of grant—Property given to Head of Mutt—Nature of grant—Determination of.
Civil Procedure Code, 1908—Section 92—Leave to sue—Necessity of—No allegation of breach of trust or necessity of scheme of administration—Provision has no application.
Under the Hindu law, an idol is a juristic person capable of holding property and the properties endowed for the institution vest in it.
Radhakanta Deb and another Vs The Commissioner of Hindu Religious Endowments, Orissa -13/02/1981
23 min read
Hindu Law—Religious endowment—Distinction between Private Trust and Public Trust—Determination of—Tests for determining the nature of endowment indicated.
The concept of a private endowment or a private trust is unknown to English law where all trusts are public trusts of a purely charitable and religious nature. Thus, under the English law what is a public trust is...
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