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Cases cited for the legal proposition you have searched for.

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1

...put it differently, Courts are parens patriae qua such religious institutions / temples and custodia legis qua properties belonging to such religious institutions / temples; (xix)It is common knowledge that many of religious institutions / temples are vested with / endowed with vast and valuable immovable properties which all have been dedicated 16 for a common cause and therefore, the parens patriae, custodia legis jurisprudence development...to law. No costs.' (xviii)The legal position / statutory scheme as adumbrated supra is further developed by case law jurisprudence. The...development of case law jurisprudence is, a presiding deity, i.e., idol in a religious institution / temple is in the status of a minor and courts are guardians qua such minors. To...


Court: Madras High Court
Date: Jun 24, 2024 Cited By: 0 Coram: 1
2

...institutions / temples and custodia legis qua properties belonging to such religious institutions / temples; (xix)It is common knowledge that many of religious institutions / temples are vested with / endowed with vast and valuable immovable properties which all have been dedicated for a common cause and therefore, the parens patriae, custodia legis jurisprudence development... (xviii)The legal position / statutory scheme as adumbrated supra is further developed by case law jurisprudence. The development of case law jurisprudence is, a...


Court: Madras High Court
Date: Jan 11, 2022 Cited By: 0 Coram: 1
3

...to a document after it had been produced or given in evidence in a proceeding in any court i.e during the time when the document was in custodia legis. This being the position, in our view, the High...


Court: Supreme Court Of India
Date: Aug 8, 2005 Cited By: 106 Coram: 2
4

...the ground that the properties not being custodia legis, no relief could be given to the appellant.4. The object and scheme of the various provisions of the Code appear to be...by a goldsmith, the articles were undoubtedly produced before the Court and became custodia legis.6. It is common ground that these articles belonged to the com-plainant...


Court: Supreme Court Of India
Date: Apr 19, 1977 Cited By: 616 Coram: 3
5

...L. Interpretation of Statutes — Mischief rule — Contextual meaning — Court to work at the purpose and interpret accordingly despite flaw in legis- lative drafting — Statement of Objects and...Association, (1946) 1 All ER 637, 641 ; Sir Kenneth Diplock : The courts as legislators, p. 10 ; The Philosophy and Method of the Law ; Edgar Bodenheimer : Jurisprudence ; United States v. American...


Court: Supreme Court Of India
Date: Nov 19, 1979 Cited By: 1097 Coram: 3
6

...and administered by its own officer, the receiver. When the properties are custodia legis, the court is not only competent to issue necessary orders and directions on its officer, the receiver, for...his right as a tenant, has passed the directions contained in the impugned order so that the properties in custodia legis are properly preserved during the pendency of the said suit. The landlords...suit are finally adjudicated, such properties should be preserved by exercising control and supervision of the same through the officer of the court, the receiver. The court becomes custodia legis of...


Court: Supreme Court Of India
Date: Oct 24, 1996 Cited By: 56 Coram: 2
7

..., AIR 1926 Cal 385:“The property in his (die receiver's) hands is in custodia legis for the person who can make a title to it………He collects and receives the rents, issues and profits...does not of itself operate to change any title, right or interest or to vest any title or estate in the receiver” (American Jurisprudence, Vol. 45, page 125, Article 151). In...the law or the court, and is like that of a temporary occupant or caretaker” (American Jurisprudence, Vol. 45, page 128 Article 152).8. In Paterson v. Gas Light and Coke Co...


Court: Kerala High Court
Date: Nov 19, 1959 Cited By: 2 Coram: 2
8

...only. We may add that in K. Sundaresa Iyer v. Sarvajana Sowkiabil Virdhi Nidhi Ltd. (1939) ILR Mad 986 it was held that it was not necessary to ask for possession when property was in custodia legis.... There is no doubt that property under attachment under Section 145 of the Code is in custodia legis. These cases clearly establish that it was not necessary for the appellants to have asked for...


Court: Supreme Court Of India
Date: Apr 8, 1965 Cited By: 50 Coram: 3
9

...the effect of attachment of an immovable property under section 64 of the cpc, is that the property attached is kept in custodia legis during the period of attachment.2. Whether...


Court: Bombay High Court
Date: Dec 13, 1927 Cited By: 4 Coram: 2
10

...Receiver is custodia legis, and is exempt from all judicial processes except to the extent that the Court which has appointed the Receiver, may accord permission to the Receiver or to third parties to...in the meanwhile, the auction- purchaser had obtained delivery of possession of the property through the revenue authorities, some time in 1940. The general rule that property in custodia legis..., if any Court which is holding the property in custodia legis through a Receiver or otherwise, is moved to grant permission for taking legal proceedings in respect of that property, the Court ordinarily...


Court: Supreme Court Of India
Date: Mar 31, 1958 Cited By: 65 Coram: 3
11

...and if necessary with the help of the police. It is contended on behalf of the plaintiffs that the property being custodia legis, the subsequent act of proceedings being registered against the Company...any order. It is further pointed out that the property would be custodia legis only on the Receiver taking possession. In the instant case, possession had not been taken and consequently it cannot be...said that the property was custodia legis. This is apparent it is pointed out in view of the interim injunction granted pending the Receiver taking possession.3. With the above...


Court: Bombay High Court
Date: Apr 5, 1999 Cited By: 5 Coram: 1
12

...committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e during the time when the document was in custodia legis...


Court: Supreme Court Of India
Date: Mar 4, 2008 Cited By: 213 Coram: 2
13

..., they would obviously act as a custodia legis pending the suit as Receivers on behalf of the court. But any rights accrued or claimed by them will be subject to the result in the suit. The claim for...


Court: Supreme Court Of India
Date: Nov 18, 1996 Cited By: 7 Coram: 1
14

...possession of some private individual who is not vigilant about his rights but trespassers in respect of property which is in custodia legis through a Receiver who was vigilant enough to move the...that behalf did not evoke the necessary response. I will now proceed to consider how Respondents 1 to 4 are rank trespassers in respect of the disputed property which is in custodia legis and are...Respondents 1 to 4 are rank trespassers in respect of the disputed property which is in custodia legis. The case of Respondents 1 to 4 is that they became licensees in respect of the property in 1975 under a...


Court: Supreme Court Of India
Date: Apr 26, 1984 Cited By: 80 Coram: 3
15

...Custodia Legis vide order dated 23.3.2009, relevant portion whereof reads thus:- "........For seven years past, this Court is monitoring the work of preservation, management and development of these lakes...bodies from today become custodia legis, it is imperative on our part to know the exact area of these water bodies." 5. It was on 9.6.2012 that the learned Advocate General brought to the notice of the...falling within the ambit of the Public Interest Litigation and the subject matter involved in the PIL was declared Custodia Legis. Taking notice of the submissions of the learned Advocate General, it was...


Court: Jammu and Kashmir High Court
Date: Sep 18, 2012 Cited By: 1 Coram: 2
16

...the same was in custodia legis. This Court while taking that view approved the ratio of an earlier decision in Sachida Nand Singh v. State of Bihar...custodia legis.14. In the light of the above, the High Court was wrong in quashing the FIR on the ground that the allegations did not constitute an offence even when the...


Court: Supreme Court Of India
Date: Jan 23, 2013 Cited By: 72 Coram: 2
17

...property on the basis of order passed under Section 145 of Cr.P.C., therefore, the possession of petitioner is as custodia legis and no relief of possession is required to be...claimed. Learned counsel for petitioner submits that trial court has committed an error in applying the principle of custodia legis, consequently the issue of suit valuation and court fee has wrongly been...possession was delivered to the petitioner in pursuance to the order passed under Section 145 of Cr.P.C. therefore principle of custodia legis has rightly been invoked and no error...


Court: Madhya Pradesh High Court
Date: Jun 22, 2016 Cited By: 0 Coram: 1
18

...in custodia legis. The court held it for the benefit of the party which would be ultimately successful. A suit by one of the parties for a declaration of his ownership to such property was, therefore...803 (4), the Supreme Court further explained that the property in custodia legis was in possession of the Court and the judgment-debtor had no right to disposes such a custodian of the Court. If he did...).In the light of the above decisions it must be held that the motor truck in the present case was in custodia legis both because of the order of the Magistrate as also by the...


Court: Delhi High Court
Date: Apr 5, 1971 Cited By: 4
19

...behalf of the defendant in whose favour the lands were released. Thus it is clear that on November 6, 1951 the property being custodia legis the appellant was not in actual or constructive possession...


Court: Supreme Court Of India
Date: Feb 8, 1980 Cited By: 1 Coram: 3
20

...injunction unless and until the order of the learned SDM was superseded by a decree of the civil court and that no injunction can be granted when the disputed property is in custodia legis...adjudication of rights would suffice inasmuch as the attached property is held custodia legis by the Magistrate for and on behalf of the party who would be successful from the competent court by establishing his...146(1) of the Code it is not necessary to seek relief of recovery of possession. As the property is held custodia legis by the Magistrate for and on behalf of the party who would ultimately succeed...


Court: Supreme Court Of India
Date: Nov 3, 2003 Cited By: 151 Coram: 1

Cases cited for the legal proposition you have searched for.

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