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  • Sect. 84 (2) of the Madras Religious Endowments Act
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  • Sect. 84 (2) of the Madras Religious Endowments Act

    Chengazhisseri Alias Puthillom Alias Purmasseri Narayana Alias Punnasseri Nambi (Dead) And Another Petitioners (Petitioner And His L. R.). v. The Board Of Commissioners For Hindu Religious Endowments Constituted Under Act I Of 1925 ().

    In our view the District Court had no authority under Sect. 84 (2) of the Madras Religious Endowments Act to direct a remand and rehearing 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.

    N. R. R.Petition allowed.

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    Comments

    Chengazhisseri Alias... v. The Board Of Commiss...
    (Apr 28, 1931)