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Supreme Court of India 2019-09-03 dismissed

M.J. Thulasiraman and Another vs Commissioner, Hindu Religious & Charitable Endowment Administration and Another

Bench: 3 — N.V. Ramana

In Brief

The Supreme Court affirmed that the Bakers Choultry at Mylapore, Chennai is a specific endowment under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, not private property. A rock inscription in the choultry provided for feeding Brahmins during specified Hindu festivals. The Court held this constitutes a 'religious charity'—a public charity associated with Hindu festivals benefiting an uncertain body of persons. The required 'divestment' was evidenced by the managers' inability to alienate the property and the restriction of income use for charitable purposes. The appellant's predecessor had earlier admitted the endowment status in prior proceedings, making subsequent claims of private ownership estopped by his own prior pleadings and conduct."

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Religious Endowments Hindu Law Charitable Trusts Property Law Statutory Interpretation Administrative Law

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