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Chengazhisseri Alias Puthillom Alias Purmaseri Narayana Alias Punnasseri Nambi (Dead) and anr. Vs. the Board of Commissioners for Hindu Religious Endowments Constituted Under Act I of 1925 - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1931)61MLJ862
AppellantChengazhisseri Alias Puthillom Alias Purmaseri Narayana Alias Punnasseri Nambi (Dead) and anr.
RespondentThe Board of Commissioners for Hindu Religious Endowments Constituted Under Act I of 1925
Excerpt:
- 1. in our view the district court had no authority under section 84(2) of the madras hindu religious endowments act to direct a remand and re-hearing of the case. the powers conferred on the court by that section are only to modify or set aside the decision of the board and, of course, to dismiss the application. if the section had meant that the court was an appellate authority with all the normal powers of an appellate court, we should expect that to have been stated. the district court's order is therefore without jurisdiction and we must set it aside and direct that it pass a proper order in accordance with its powers under the section. each party will bear his own costs.
Judgment:

1. In our view the District Court had no authority under Section 84(2) of the Madras Hindu Religious Endowments Act to direct a remand and re-hearing of the case. The powers conferred on the Court by that section are only to modify or set aside the decision of the Board and, of course, to dismiss the application. If the section had meant that the Court was an appellate authority with all the normal powers of an Appellate Court, we should expect that to have been stated. The District Court's order is therefore without jurisdiction and we must set it aside and direct that it pass a proper order in accordance with its powers under the section. Each party will bear his own costs.


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