Court has no jurisdiction to alter the terms of the deed of the trust.
Section 63 in The Income- Tax Act, 1995 ” Transfer” and” revocable transfer” defined For the purposes of sections 60, 61 and 62 and of this section,- (a) a transfer shall be […]
Public Trust – Section 32 of the Madhya Pradesh Public Trusts Act provides that no suit to enforce a right on behalf of a public Trust which has not been registered under […]
Indian principle that in the event of war, priests and properties endowed to places of worship must not be touched: AP High Court
For several centuries, our country had a principle in law of war to the effect that in the event of an invasion also, the priests and properties endowed to places of worship must not be touched. That is how, the properties of Temples remained intact even after the country was subjected to foreign invasions. Instances are not lacking where, the invaders have rendered services also.
Intellectuals Forum Tirupathi v. State of Andhra Pradesh and Others [(2006)3 SCC 549]. Again in the said decision, the Apex Court invoked the public trust doctrine. It will be necessary to consider […]
The Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy, . It has been held in the said decision that : There are, however, two distinct parts involved in the […]
Without proof of customary right, Panchayat has no title to property or income administered for benefit of villagers in common
What is required by S. 58 for the purpose of vesting is the proof of custom by which the villagers in common acquire title to any property or income. Vesting of rights takes place under S. 58 if there is proof of customary right of administration of any property or income for the benefit of the villagers in common. Unless therefore there is proof of customary right, the Panchayat cannot claim title to the property or income administered for the benefit of the villagers in common