Limitation law on endowed Property
In Rai Sahib Dr Gurdittamal Kapur v Mahant Amar Das Chela Mahant Ram Saran, Supreme Court dealt with a case where a suit was filed in 1957 by the first…
Law of limitation and Right to claim in perpetuity
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…
De Facto Shebait’s right to continue in office
Whether a de facto shebait can claim a right to continue indefinitely in office. A de jure shebait and a de facto shebait exercise similar rights in the limited sense…
Rights of a de facto shebait to sue- Analysis
The rights of a de facto shebait to institute suits on behalf of the deity can be traced to two early decisions of the Privy Council: Mahant Ram Charan Das…
The right to sue on behalf of deity to Shebait and next friend
The question of who can sue on behalf of the idol arises due to the unique nature of the idol. The idol is a juristic person and the owner of…
The Role and Position of a Shebait under Indian Law
An idol is a juristic person in which title to the endowed property vests. The idol does not enjoy possession of the property in the same manner as do natural…
Dispossession and Discontinuance- Difference
Dispossession connotes an ouster; it involves a situation where a person is deprived of her/his possession with the coming of another person into possession. Dispossession implies deprivation of a right…
Ayodhya Legal Battle- Juristic personality to Ramlala Virajman and Janmasthan
Decoding the Ayodhya Judgement- Part 4 Fifth Suit On 1 July 1989, a Suit (Suit 5) was brought before the Civil Judge, Faridabad by the deity (Bhagwan Shri Ram Virajman)…
Property vested in a deity and property as a deity
There is a significant distinction between property vested in a foundation (as in Roman law) or a deity as a juristic person (as in Hindu Law) and property per se…
Seth Hukum Chand v Maharaj Bahadur Singh- the Dispute on ‘Shikharji’
In Sir Seth Hukum Chand v Maharaj Bahadur Singh, the dispute concerned two sects of the Jain community with regard to the rights of worship of a hill of 25…