Evidentiary Value of Historical Facts And Gazetteer
Punjab Chief Court in Farzand Ali v Zafar Ali analysed this. In that case, there was a dispute between the Mutawalli of a mosque and the defendants, who were descendants…
The standard of proof in Evidence Law
Preponderance of Probabilities in Civil Law The court in a civil trial applies a standard of proof governed by a preponderance of probabilities. This standard is also described sometimes as…
The Suit of 1885 in Babri Mosque Case
The Suit of 1885 was instituted by Mahant Raghubar Das, describing himself as “Mahant Janamsthan situated at Ayodhya”. The suit was initially instituted only against the Secretary of State for…
Deity as a perpetual minor- Analysis
In Bishwanath v Sri Thakur Radha Ballabhji Supreme Court was tasked with deciding whether a worshipper can maintain a suit for eviction on behalf of the idol if the shebait…
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…