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1 - 10 of 18 (0.24 seconds)Article 30 in Constitution of India [Constitution]
Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
The Societies Registration Act, 1860
Section 8 in The Societies Registration Act, 1860 [Entire Act]
S.P. Mittal Etc. Etc vs Union Of India And Others on 8 November, 1982
The infirmity in the judgment of the lower appellate court is that in coming to the conclusion that Vitampatti Hindu Nadar Community is a religious denomination, it has not considered the issue in the proper perspective in the light of the principles laid down by the Supreme Court in Shirur Mutt case, S. P. Mittal v. Union of India etc. The lower appellate Court also failed to see that the evidence of P.Ws. 1 to 5 relates only to certain secular practices of the Hindu Nadar Community of Vilampatti
and the evidence in this case does not show that the members of the Hindu Nadar community of Vilampatti have a common faith peculiar to themselves. In the absence of., evidence in this case to show that the Hindu Nadar community of Vilampatti have a common faith, that is to say, a system of beliefs or doctrined or religious tenets peculiar to that community, the lower appellate court is not correct in coming to the conclusion that the Hindu Nadars of Vilampatti is a religious denomination. In view of my discussion as above, it has to be held that the Hindu Nadar community of Vifampatti is not a religious denomination in order to get the benefits under Art. 26 of the Constitution. From this it follows that the first plaintiff-institution is not a denominational institution and, therefore, the first plaintiff is not entitled to the benefits of Arts. 26 and 30 of the Constitution. In these circumstances, the plaintiffs are not entitled to the reliefs claimed in the suit. The above discussion of mine obliges me to interfere with the judgment of the lower appellate Court. Accordingly the second appeal is allowed, the Judgment and decree of the lower appellate Court are set aside and the Judgment and decree of the trial court arc restored. But, in the circumstances of the case, there is no order as to costs.
Section 11 in The Societies Registration Act, 1860 [Entire Act]
Section 18 in The Societies Registration Act, 1860 [Entire Act]
Sardar Syedna Taher Saifuddin Saheb vs The State Of Bombay on 9 January, 1962
9. Let us now consider the question, in the light of the above decisions, whether the Hindu Nadar community of Vilampatti constitutes a religious denomination within the meaning of Art. 26 of the Constitution of India. As seen from the decisions referred to above, the words 'religious denomination' must take their colour from the word 'religion'. In order to hold that the particular community constitutes a religious denomination within the meaning of Art. 26 of the Constitution, it must be proved that the said community has a system of beliefs or doctrines which the members of the community regard as conducive to their spiritual well being. It is essential that the members of that community must have common religious tenets peculiar to themselves other than those which are common to the entire Hindu community. In this case, there is absolutely no evidence on record either oral or documentary to prove that the members of Vilampatti Hindu Nadar community have a common faith that is to say a system of beliefs or doctrines or religious tenets peculiar to themselves other than those that are common to the Hindus in general. On behalf of the plaintiffs Exs. A. 1 to A.33 were marked and P.Ws. 1 to 5 were examined. P.W. 1 is a member of the Hindu Nadar community of Vilampatti. He deposed that the Hindu Nadaras of Vilampatti established Kaliam-man temple and Karuppasami temple, that they also established the Higher Secondary School and Elementary School viz., A. V. M. Marimuthu Nadar Higher Secondary School and Nadar George Primary School; that the Hindu Nadars of Vilampatti were treated as untouchables by other caste Hindus and, therefore, they established their own temples, educational institutions, their own wells for drinking water, burial grounds and other facilities. P.W. 2 is another member of the Vilampatti Hindu Nadar Community. In his evidence he stated that the Vilampatti Hindu Nadars Uravinmurai was established about 200 years back, that Hindu Nadars of Vilampatti alone are members of the said Uravinmurai and that the said Uravinmurai
established educational institutions and financed the same. P.W. 3 is the priest employed in Vilampatti Kaliamman temple and Karuppasami temple. His evidence is that the two temples belong to the Nadar community and the two temples are maintained by the Nadar community. But, P.W. 3 belongs to a different caste, he being a Panararam. P.W. 4 is the barber and his evidence is that he is employed exclusively for the Hindu Nadars of Vilampatli village and if any member of Vilampalti Hindu Nadar Community died, double sangu would be sounded in order to communicate the death of the member of that community. His further evidence is that there is a separate graveyard and Nandavanam for the Hindu Nadar community of Vilampatli P.W. 5 is the dhobi for the Vilampatti Hindu Nadar community. His evidence is that he is the dhobi exclusively for the Hindu Nadar community of Vilampatti.