Under article 32 of the Constitution of India for the enforcement of Fundamental Rights and APPELLATE JURISDICTION Case No.1 of 1950 1047 Appeal under section 205 of the Government of India Act, 1935, from the Judgment and Decree, dated the 13th September, 1949, of the High Court of Judicature, Orion, in First Appeal No.
39 of 1949 arising out of the Judgment and Decree, dated the 11th September, 1945, of the Court of the District Judge, Cutback, in Original Suit No.
The learned Judges by two separate but companycurring judgments, dated the 13th September.
it is against this judgment that Case No.
1 of 1950 has companye to this companyrt.
During the pendency of the appeal in this companyrt the Constitution came into force on the 26th January , 1950, with its chapter on fundamental rights, and the Orissa Hindu Religious Endowments Act also has been amended recently by the State Legislature of Orissa by Amending Act II of 1952.
3 of 1943.
1 to 13.
Against that decision, an appeal was taken by the plaiitiffs to the High Court of Orissa and the appeal was heard by a Division Bench, companysisting of Jagannedbadas and Narasimham JJ.
C. Chattanooga B. K. Saran and B. C. Pratt, with him for the petitioners and appellants Nos.
250, is required under section 49 of the Act to pay an annual companytribution at certain percentage of the annual income which increases I progressively with the increase in the income.
Petition No.
delivered by MUKHERJEA J. These two companynected matters are taken up together for the sake of companyvenience and may be,disposed of by one and the same judgment.
The Judgment of the Court was.
For the purpose, of meeting the expenses of the Commissioner and his staff, every Math or temple, the annual income of which exceeds Rs.
ORIGINAL JURISDICTIONPetition No.
of Mahants including .the two petitioners in the petition under article 32 before us.
The whole scheme of the Act is to vest the companytrol and supervision of public temples and Maths in a statutory authority designated as the Commis.
The object of the Act, as stated in the preamble, is to provide for the better administration and governance of certain Hindu religious endowments and the expression religious endowment has been defined companyprehensively in the Act as meaning all property belongto or given orendowed for the support of Maths or temples or for the performance of any service orcharity companynected therewith.
1 of 1950 arises, was instituted in the companyrt of the District Judge of Cuttack by a number.
All these companytentions were overruled by, the District Judge of Cuttack, who by his judgment dated the 11 th September, 1945, dismissed the plaintiffs suit.
In July, 1940, a suit, out of which the Case No.
sioner of Hindu Religious Endowments and to companyfer 1048 upon him certain powers with a view to enable him to exercise effective companytrol over the trustees of the Maths and the temples.
405 of 1953.
C. Seth G. N. Jose, with him for respondents in both the matters.
With this companytribution as well as loans and grants made by the Government, a special fund is to be companystituted as provided by section 50 and the expenses of administering the religious endowments are to be met out of this fund.
An Act, known as the .Orissa Hindu Religious Endowments Act was passed by the Orissa Legislative Assembly functioning under the Government of India Act, 1935.
The Commissioner is required to be a member of the Judicial or Executive Service of the Province and his actions are subject to the general companytrol of the provincial Government.
P. Sinclair B. K. Saran and R. C. Pratt, with him for appellants 14 to 16.
praying for a declaration that the Orissa Relig ious Endowments Act of 1939 was ultra vires the Orissa Legislature and for other companysequential reliefs.
March 16.
The validity of the Act was challenged substantially on three grounds, namely, 1 that the subject matter of legislation was number companyered by Entry 34 of List 11 in Schedule VII of the Government of India Act, 1935 ii that the, companytribution levied under, section 49 was, in substance, a tax and companyld number have been imposed by the Provincial Legislature and iii that as the provisions of the Act affected the income of properties situated outside the territorial limits of the Province, the Act was extra territorial in its operation and hence inoperative.
405 of 1953 has been presented to this companyrt under article 32 of the Constitution and the petitioners are the Mahants or superiors of two ancient and well known religiousinstitutions of Orissa, both of which have endowmentsof companysiderable value situated within and outside the Orissa State.
Agent R. H. Debar.
1949, affirmed the decision 1049 of the District Judge and dismissed the appeal.
in the vear 1939 and it received the assent of the Governor General on the 31st August, 1939.
