Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an order extending a temple notification under section 64(4) could be made without giving the trustee notice and an opportunity of hearing.
Analysis: The statutory scheme required notice, objections, enquiry, and a reasoned decision before an initial notification could be issued under sections 63 and 64(1) to 64(3). The same kind of consideration was involved when the Government later decided whether to cancel or continue a notification under section 64(4), because that decision affected the trustee's rights in the same manner and depended on the same relevant facts concerning the management of the endowment. The power under section 64(4) was therefore not a mere administrative formality, and the principles of natural justice applied. The Court also rejected the reasons used to deny relief, holding that the objection had been raised and that the notification had not become ineffective as assumed by the High Court.
Conclusion: Notice and opportunity of hearing were mandatory before acting under section 64(4), and the impugned notification was invalid for want of such hearing.
Ratio Decidendi: Where a statutory power to continue, cancel, or extend a notification determines rights in substantially the same manner as the original notification power, it is quasi-judicial in character and cannot be exercised without complying with natural justice.