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The appeal was argued but so far as the petition for special leave to appeal was concerned the parties came to an agreement whereby the idol asked for leave to withdraw the petition on certain terms recorded between the parties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The petition for special leave was therefore allowed to be withdrawn and no objection now survives in regard to the decree passed by the trial court dismissing the idol's claim to the premises, No. 40/2-A | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal is concerned only with the premises | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was contended on behalf of the appellants that the, dedication of the premises | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
NO | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41 Grey Street made by Dwarka Nath under the terms of his will was a. partial dedication, and that his sons Rajendra and jogendra and his widow Golap Sundari, who were appointed sevayats of the idol were competent to deal with premises | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street after making the due provision for the idol as they purported to do by the terms of settlement, dated the 24th November, 1910 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was further contended that Nagendra, by virtue of the award dated the 12th October, 1920, claimed to be absolutely entitled to the premises | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street and that his possession of the said premises thereafter became adverse which adverse possession continued for upwards of 12 years extinguishing the right of the idol to the said premises | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The first contention of the appellants is clearly untenable on the very language of the will of Dwarka Nath | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Cl | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3 of the said will provided "With a view to provide a permanent habitation for the said deity, I do by means of this will, dedicate the aforesaid immovable property the said house | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41 Grey Street together with land thereunder to the said Sri Sri Issur Sridhar Jew | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With a view to provide for the expenses of his daily (and) periodical Sheba and festivals, etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 3 1/2 Cattahs (three and half Cattahs) of rent free land more or less that I have on that very | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street No. 40/1 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
his also I dedicate to the Sheba of the said Sri Sri Sridhar Jew Salagram Sila Thakur | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On my demise none of my heirs and representatives shall ever be competent to take the income of the said land No. 40/1 and spend (the same)for household expenses | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If there be any surplus left after defraying the Debsheba expenses the same shall be credited to the said Sridhar Jew Thakur's fund and with the amount so deposited repairs, etc; from time to time will be effected to the said house | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41 with a view to preserve it and the taxes etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
in respect of the said two properties will be paid. | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of the carrying on the daily (and) periodical sheba and the festivals, etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
of the said Sri Issur Sridhar Jew Salagram Sila Thakur my said ,second wife Srimati Golap Moni Dasi, and 1st Sriman Rajendara Nath and 2nd, Sriman Jogendra Nath Ghose born of the womb of my first wife on living in the said house | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41 Grey Street dedicated by me shall properly and agreeably to each other perform the sheba | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
of the said Sri Sri Issur Sridhar Jew Salagram Sila Thakur and on the death of my said two sons their representatives, successors and heirs shall successively perform the sheba in the aforesaid manner and the executors appointed by this will of mine having got the said two properties registered in the Calcutta Municipality in the name of the said Sri Sri Issur Sridhar Jew Thakur shall pay the municipal taxes, etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and shall take the municipal bills in his name | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
None of my representatives heirs, successors, executors, administrators or assigns shall have any manner of interest in or right to the said two debutter properties and no one shall ever be competent to give away or effect sale, mortgage or in respect of the said two properties nor shall the said two properties, be sold on account of the debts of any one | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
t is quite true,that a dedication may be either absolute or partial | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The property may be given out and out to the idol, or it may be subjected to a charge in favour of the idol | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question whether the idol itself shall be considered the true beneficiary, subject to a charge in favour of the heirs or specified relatives of the testator for their upkeep, or that, on the other hand, these heirs shall be considered the true beneficiaries of the property, subject to a charge for the upkeep, worship and expenses of the idol, is a question which can only be settled by a conspectus of the entire provisions of the will": Pande Har Narayan v. Surja Kunwari, [1921] L. R. 48 I. A. 143, 145, 146 1921 Indlaw PC 56 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
What we find here in cl | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3 of the will is an absolute dedication of the premises | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street to the idol as its permanent habitation with only the right given to the sevayats to reside in the said premises for the purposes of carrying on the daily and periodical seva and the festivals, etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
of the deity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said premises are expressly declared as dedicated to the deity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They are to be registered in the municipal records in the name of the deity, the municipal bills have got to be taken also in his name and none of the testator's representatives, heirs, successors, executors, administrators or assigns is to have any manner of interest in or right to the said premises or is to be competent to give away or effect sale, mortgage, etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
of the said premises | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is thus a clear indication of the intention of the testator to absolutely dedicate the said premises to the deity and it is impossible to urge that there was a partial dedication of the premises to the deity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The only thing which was urged by Shri N. C. Chatterjee in support of his contention was that the right to reside in the premises was given to the sevayats and that according to him detracted from the absolute character of the dedication | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This argument however cannot avail the appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was observed by Lord Buckmaster in delivering the judgment of the Privy Council in Gnanendra Nath Das v. Surendra Nath Das, (1920) 24 C.W.N. 1926 at p. 1030 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In that case it is provided that the shebait for the time being shall be entitled to reside with his family in the said dwelling-house, but the dwelling-house itself is the place specially set apart for the family idols to which specific reference is made in the will, and in their Lordships' opinion the gift is only a perfectly reasonable arrangement to secure that the man in whose hands the supervision of the whole estate is vested should have associated with his duties the right to reside in this named dwelling place | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The first contention of the appellants therefore fails and we hold that the dedication of the premises | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41 Grey, Street to the idol was an absolute dedication | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
regards the second contention, viz., the adverse possession of Nagendra, it is to be noted that under the terms of cl. 3 of the will of Dwarka Nath the representatives, successors and heirs of his two sons Rajendra and Jogendra were successively to perform the seva in the manner therein mentioned and Nagendra was one of the heirs and legal representatives Of Rajendra | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He was no doubt a minor on the 24th November, 1910, when the terms of settlement were arrived at between the parties to the suit 1909 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
His two elder brothers Jnanendra and Bhupendra were declared to be the then sevayats, but a right was reserved to Nagendra to join with them as a sevayat on, his attaining majority | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
So far as Nagendra is concerned there is a clear finding of fact recorded by Mr. Justice Bose on a specific issue raised in that behalf, viz | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Did Nagendra act as shebait of the plaintiff deity under the wills of Dwarka Nath Ghosh and Rajendra Nath Ghosh | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
that he did act as such shebait and that his possession of the premises | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41A | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street was referable to possession on behalf of the idol, 30 .This finding was not challenged in the appeal court and it is too late to challenge the same before us | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If Nagendra was thus a sevayat of the idol it could not be urged that his possession could in any manner whatever be adverse to the idol and his dealings with the said premises in the manner he purported to do after the 12th October, 1920, could not be evidence of any adverse possession against the idol | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
he position of the sevayat and the effect of his dealings with the property dedicated to the idol has been expounded by Rankin C.J. in Surendrakrishna Ray v. Shree Shree Ishwar Bhubaneshwari Thakuran, (1933 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Cal 54 1932 Indlaw CAL 59 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But, in the present case, we have to see whether the possession of two joint shebaits becomes adverse to the idol when they openly claim to divide the property between them | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The fact of their possession is in accordance with the idol's title, and the question is whether the change made by them, in the intention with which they hold, evidenced by an application of the rents and profits to their own purposes and other acts, extinguishes the idol's right | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I am quite unable to hold that it does, because such a change of intention can only be brought home to the idol by means of the shebait's knowledge and the idol can only react to it by the shebait | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Adverse possession,in such circumstances is a notion almost void of content | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
True, any heir or perhaps any descendant of the founder can bring a suit | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
against the shebaits on the idol's behalf and, in the present case, it may be said that the acts of the shebaits must have I been notorious in the family | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But such persons have no legal duty to protect the endowment and, until the shebait is removed or controlled by the court, he alone can act for the idol | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are in perfect accord with the observations made by Rankin C.J | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If a shebait by acting contrary to the terms of his appointment or in breach of his duty as such shebait could claim adverse possession of the dedicated property against the idol it would be putting a premium on dishonesty and breach of duty on his part and no property which is dedicated to an idol would ever be safe | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The shebait for the time being is the only person competent to safeguard the interests of the idol, his possession of the dedicated property is the possession of the idol whose sevait he is, and no dealing of his with the property dedicated to the idol could afford the basis of a claim by him for adverse possession of the property against the idol | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No shebait can, so long as he continues to be the sevait, ever claim adverse possession against the idol | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Neither Nagendra nor the appellants who derive their title from the auction sale held on the 9th December, 1936, could therefore claim to have perfected their title to the premises | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street by adverse possession | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The second contention of the appellants also therefore fails | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The further contention urged on behalf of the appellants in regard to the disallowance of the sum of Rs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
19,000 by the appeal court could not be and was not seriously pressed before us and does not require any consideration | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
he result therefore is that the appeal fails and must stand dismissed with costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Challenge in this appeal is to the order of a Division Bench of Madras High Court allowing the appeal filed by the respondent (hereinafter referred to as the 'accused').The accused was convicted for offence punishable under Section 302 of the Indian Penal Code,1860 (in short the 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-with default stipulation by Principal District Judge,Madurai | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He was also convicted for offences punishable under Section 392 read with Section 397 IPC and sentence to undergo rigorous imprisonment for 10 years and to pay a fine | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Background facts in a nutshell are as follows | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The deceased is one Mayurani,a Sri Lankan student,who was residing in the first floor of the house belonging to one Solsimalai (P.W.1).The Accused is also a Sri Lankan student studying in a different college,but staying in the second floor of the same premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The occurrence allegedly took place in the afternoon of 22.4.2003 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The First Information Report was lodged by P.W.1 on 24-4-2003 at about 9.30 A.M.It was indicated in the First Information Report that on 24.4.2003 at 9.00 A.M.,while the informant had gone to perform pooja in the first floor of the house,he got foul smell in the last room of the first floor and found blood seeping through the front door | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On opening the window he noticed that Mayurani was lying in a pool of blood with her face covered with a bag | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the basis of the aforesaid F.I.R.,investigation was taken up initially by P.W.40 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Subsequently on the basis of the order of the High Court,such investigation was completed by P.W.42.The accused is stated to have been arrested on suspicion on 26.4.2003.On the basis of the statement of the accused,prosecution discovered many materials including a knife and a log allegedly used for killing | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Initially,P.W.40 suspected the role of P.W.1,his wife P.W.2,P.W.3,from whose house certain incriminating material were recovered allegedly on the basis of statement of the accused as well as P.W.4,who was working as a cleaner in the vehicle of P.W.1.Subsequently,however,P.W.42,who took over investigation from P.W.40 filed charge-sheet only against the present appellant on the footing that P.Ws.1 to 4 had no role to play in the crime | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution relied upon only circumstantial evidence,namely,confessional statements of the accused leading to recovery of various incriminating materials | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ex.P-6 is the statement leading to recovery of Travel bags (M.Os.2 & 3),knife (.M.0.5),wooden log (M.0.28),rubber gloves (M.0.29 series) cotton rope with human hair (MN.O.30 series),two sponges soaked with blood (M.0.31 series),bloodstained blue clolour jean pant (M.0.32),bloodstained white banian (M.0.33),colour banian (M.0.34),bloodstained grey colour pant (M.0.35),bloodstained pillow (M.0.36),plastic bucket (M.0.37) from the house of P.W.3.Ex-P-8 is the statement leading to recovery of computer and its accessories (M.Os.6 to 17) from the house of P.W.15,a classmate of the accused | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ex.P-10 is the statement relating to jewelleries,ultimately leading to recovery of gold ingots (M.O.18 series) from the house of P.W.19 on the basis of other connecting statements of P.W.17 and P.W.18.These three statements,Exs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P-6,P-8 and P-10 dated 26-4-2003,were made before P.W.40 in the presence of P.W.22 and C.W.1.The other confessional statement Ex.P-12 dated 22-9-2003 made before P.W.42 and Subbiah and P.W.24,led to recovery of "M" dollar (M.0.38) and key chain with key chain in (M.0.39) from the toilet in the room of the accused | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution has also relied upon the alleged motive to the effect that the accused urgently wanted money with a view to increase his marks in Mathematics and,therefore,the accused had stolen articles belonging to the deceased | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The trial court found the respondent guilty and recorded conviction and imposed sentence as aforestated | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The trial court found that the prosecution version rested on circumstantial evidence | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The following circumstances were highlighted to find the accused guilty | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
a | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The death is homicidal; (b | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The accused was in need of money to chase mathematics paper and for the aforesaid purpose he has killed the deceased to take away the valuable articles like computer and gold ornaments to sell such articles in the market | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
c | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At the time of occurrence,only the accused,deceased and PW 9 were available in the premises and there was no other person | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
d) Statement of the accused leading to recovery of incriminating materials such as knife,rope,clothes,wooden log and other valuable articles such as computer,gold ornaments,"M | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dollar and the key chain with key belonging to the deceased | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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