Supreme Court - Daily Orders
Rajendra Pratap Singh vs The State Of Madhya Pradesh on 12 March, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
ITEM NO.21 COURT NO.1 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) .... Diary No(s).4161/2018
(Arising out of impugned final judgment and order dated 07-07-2017
in WP No.20480/2015 passed by the High Court Of M.P., Principal
Seat At Jabalpur)
RAJENDRA PRATAP SINGH & ANR. Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH & ORS. Respondent(s)
(IA No.28748/2018-CONDONATION OF DELAY IN FILING)
Date : 12-03-2018 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Ms. Meenakshi Arora, Sr. Adv.
Mr. Rajul Srivastava, Adv.
Ms. Monisha Handa, Adv.
Mr. Mohit D. Ram, Adv. [AOR]
For Respondent(s) --
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Ms. Meenakshi Arora, learned senior counsel submits that the High Court has not considered the factum that though the nomenclature of Smt. Mankunwar Bai Trust is a Trust yet it is an endowment as defined under Sections 4 and 5 of the Charitable Endowments Act, 1890. Apart from that, it is submitted by her that once it is an endowment under the said Signature Not Verified Digitally signed by SUBHASH CHANDER Date: 2018.03.13 17:37:25 IST Reason: Act, Section 92 of the Code of Civil Procedure would not be applicable.
... /2 SLP(C)No. .... D.No.4161/18 ... (contd.)
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Keeping in view the aforesaid submission, we grant liberty to the petitioner to file an application for review before the High Court within four weeks hence.
If such an application is filed, the High Court shall deal with the aforesaid issue and pass a reasoned order.
If the petitioner does not succeed in review proceedings, liberty is granted to challenge the impugned order as well as the order passed in review petition.
With the aforesaid observation and liberty, the Special Leave Petition stands disposed of.
(Subhash Chander) (H.S. Parasher)
AR-cumPS Assistant Registrar