Supreme Court · 1981 INSC 33 · Decided 13 February 1981
Radhakanta Deb & ANR. v. Commissioner of Hindu Religious Endowments, Orissa
- Court
- Supreme Court of India
- Citation
- 1981 INSC 33 · [1981] 2 S.C.R. 826
- Case number
- CIVIL APPEAL No. 318/1970
- Decided
- 13 February 1981
- Bench
- S. MURTAZA FAZAL ALI, A.P. SEN, A. VARADARAJAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 133
Headnote
Private v. Public endowments-Tests to deiennine on the facts of cacfi ca5e whether an endowment is of a private or oJ a public nature, explained. Allowing the appeal by ce11ificate, the Court HELD : The tests which provide sufficient guidelines to determine on the facts of each case whether private or of a pubiic nature are : ( 1) Where the origin of the endowment cannot be ascertained, the ques· tion whether the user of the temple by members of the public is as of right; (2) The fact that the control and management vests either in a lnrge body of persons or in the members of
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