The word `profession' used to be confined to the three learned professions, the Church. Medicine and Law. It has now, I think a wonder meaning". [See : Commissioner of Inland Revenue v. Maxse, 1919 1 KB 647 at p. 657].

AIR 1992 SUPREME COURT 1630

Note : In this case the Judges of the Supreme Court differ in their views. The majority view is taken by Kania M.H., K. Jagannatha Shetty, M. Fathima Beevi and Yogeshwar Dayal, JJ. and the minority view by Kasliwal M.M., J. The judgments are printed in the order in which they are given in the certified copy.

M.H. KANIA, K. JAGANNATHA SHETTY, N.M. KASLIWAL, Ms. M. FATHIMA BEEVI AND YOGESHWAR DAYAL, JJ.

St. Stephen's College etc., etc., Petitioner v. The University of Delhi etc. etc., Respondent.

W.P. (C) No. 1868 of 1980 Etc. Etc., D/-6-12-1991.

AIR 1993 SUPREME COURT 477

M.H. KANIA, C.J.I., M.N. VENKATACHALIAH, S. R. PANDIAN, Dr. T. K. THOMMEN, A.M. AHMADI, KULDIP SINGH, P.B. SAWANT, R.M. SAHAI AND B.P. JEEVAN REDDY, JJ.*

Writ Petns. (Civil) Nos. 930 of 1990 WITH 97 / 91,948 / 90, 966 / 90, 965 / 90, 953 / 90, 954 / 90, 971 / 90, 972 / 90, 949 / 90, 986 / 90,1079 / 90, 1106 / 90, 1158 / 90, 1071 / 90, 1069 / 90, 1077 / 90, 1119 / 90, 1053 / 90, 1102 / 90, 1120 / 90, 1112 / 90, 1276 / 90, 1148 / 90, 1105 / 90, 974 / 90, 1114 / 89, 987 / 90, 1061 / 90, 1064 / 90, 1101 / 90,1115 / 90, 1116 / 90, 1117 / 90, 1123 / 90, 1124 / 90, 1126 / 90,1130 / 90, 1141 / 90,1307 / 90, T.C.(C) Nos. 27 / 90, 28-31 / 90, 32- 33 / 90, 34 - 35 / 90, 65 / 90, 1 / 91, W.P. (C) Nos. 1081 / 90, 343 / 91, 1362 / 90, 1094 / 91, 1087 / 90, 1128 / 90, 36/91, 3 / 91, I.A. No. 1- 20 in T.C. (C) No. 27- 35 / 90 and W.P. (C) No. 11 / 92, 111 / 92, 261 / 92, D/- 16-11-1992.

Indra Sawhney etc. etc., Petitioners v. Union of India and others, etc. etc., Respondents.

C. CHRISTIAN.

1. Jacobite.

2. Marthomite.

3. Syriac Catholic.

4. Latin Catholic.

5. South India United Church.

6. Other Christian."

In the then United Provinces, the term "Backward Classes" was understood as covering both the untouchable classes as well other "Hindu Backward" classes. Marc Galanter says :

"The United Provinces Hindu Backward Classes League (founded in 1929) submitted a memorandum which suggested that the term "Depressed" carried a connotation "of untouchability in the sense of causing pollution by touch as in the case of Madras and Bombay" and that many communities were reluctant to identify themselves as depressed. The League suggested the term "Hindu Backward" as a more suitable nomenclature. The list of 115 castes submitted included all candidates from the untouchable category as well as a stratum above. "All of the listed communities belong to non-Dwijas or degenerate or Sudra classes of the Hindus." They were described as low socially, educationally - and economically and were said to number over 60% of the population."

The expression "depressed and other backward classes" occurs in the Objectives Resolution of the Constituent Assembly moved by Jawaharlal Nehru on December 13, 1946.

The Christians are divided into a number of groups, including the Chaldean Syrians, Jacobite Syrians, Latin Catholics` Marthom Syrians, Syrian Catholics,and Protestants. Each of these groups practices endogamy. Among the Catholics, the Syrian Romans and the Latin Romans generally do not intermarry. The Christians have not wholly discarded the idea of food restrictions and pollution by lower caste members. When lower caste Hindus were converted to Christianity a generation or two ago, they were not allowed to sit with high caste Christians in church, and separate churches were erected for them."

IR 1993 SUPREME COURT 892

(From : Delhi)

S. R. PANDIAN AND K. JAYACHANDRA REDDY, JJ.

Criminal Appeals Nos. 304 to 311 of 1991 with Writ Petn. (Cri) No. 114 of 1991, D/-28-8-1992.

The Janata Dal Appellant v. H.S. Chowdhary and others, Respondents.

he argument is that although Cyprus is an independent and sovereign republic with a democratic Constitution, die seats in the legislature are divided between the Greek population following the Greek-Orthodox Church and the Muslim Turkish community. There is a division even at the highest level, the President always to be a Greek Christian and the Vice-President a Muslim Turk. Mr. Nariman emphasised on the separate electorate provided by Cyprus Constitution and urged that these provisions do not render the Constitution undemocratic or illegal. He also referred to the Statesman's Year Book (containing statistical and historical annual of the States of the world for the year 1985-86) showing that the population of the Christian community following Greek-Orthodox Church was in 1983, 5,28,700 but was allotted only 70% of the seats in the legislature, and the Turkish Muslims with a population of only 1,22,900, the remaining 30% of seats. In other words the Muslims forming only about 20% of the total population

_________--___________________________________________________

AIR 1993 SUPREME COURT 2086

K. RAMASWAMY AND R. M. SAHAI, JJ.

Writ Petn. (C) No. 715 of 1990, D/- 13-5-1993.

All India Imam Organization and others, Petitioners v. Union of India and others, Respondents.

. The mosque differs from a church or a temple in many respects. 'Ceremonies and service connected with marriages and birth are never performed in mosques. The rites that are important and integral functions of many churches such as confessions, penitences and confirmations do not exist in the mosques.*6

AIR 1994 SUPREME COURT 1918

(From : AIR 1990 Karnataka 5 (FB))

S. R. PANDIAN, A. M. AHMADI, KULDIP SINGH, J. S. VERMA, P. B. SAWANT, K. RAMASWAMY, S. C. AGRAWAL, YOGESHWAR DAYAL AND B. P. JEEVAN REDDY, JJ.*

Civil Appeal No. 3645 of 1989, with (T.C.(C) Nos. 5 to 9 of 1993; C.A. Nos. 193, 194, 1692, 1692A, 1692C and 4627-30 of 1993 and I.A. No.4 in C.A. No. 1692 of 1993), D/-11-3-1994.

S. R. Bommai and others etc. etc., Appellants v. Union of India and others etc. etc., Respondents.

FEDERALISM UNDER CONSTITUTION

n short, in the affairs of the State (in its widest connotation), religion is irrelevant; it is strictly a personal affair. In this sense and in this behalf, our Constitution is broadly in agreement with the U.S. Constitution, the First Amendment whereof declares that "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof......." (generally referred to as the "establishment clause"). Perhaps, this an echo of the doctrine of separation of Church and State; may be it is the modern political thought which seeks to separate religion from the State - it matters very little. In this view of the matter, it is absolutely erroneous to say that secularism is a "vacuous word" or a

25.  The great Statesman-Philosopher Dr. Radhakrishnan said:

"When India is said to be a secular State, it does not mean that we reject reality of an unseen spirit or the relevance of religion to life or that we exalt irreligion. It does not mean that Secularism itself becomes a positive religion or that the State assumes divine prerogatives. Though faith in the Supreme is the basic principle of the Indian tradition, the Indian State will not identify itself with or be controlled by any particular religion.  We hold that no one religion should be given preferential status, or unique distinction, that no one religion should be accorded special privileges in national life or international relations for that would be a violation of the basic principles of democracy  and contrary to the best interests of religion and Government. This view of religious impartiality, of comprehension and forbearance, has a prophetic role to play within the national and  @page-SC1951 international life. No group of citizens shall arrogate to itself rights and privileges which it denies to others. No person should suffer any form of disability or discrimination because of his religion but all like should be free to share to the fullest degree in the common life. This is the basic principle involved in the separation of Church and State."

(Recovery of Faith, New York, Harper brothers 1955, p. 202).

          (Emphasis supplied).

Immediately after we attained independence, the Constituent Assembly, aware of the danger of communalism, passed the following resolution on April 3, 1948: 1

AIR 1995 SUPREME COURT 605

M.N. VENKATACHALIAH, C.J.I., A.M. AHMADI, J.S. VERMA, G.N. RAY AND S.P. BHARUCHA, JJ.*

Transferred Case (C) Nos. 41, 43 and 45 of 1993 With Writ Petn. (Civil) No. 208 of 1993 With Spl. Ref. No. 1 of 1993 With I.A. No. 1 of 1994 in T.C.(C) No. 44 of 1993 WITH Writ Petn. (C) No. 186 of 1994, D/-24-10-1994.

Dr. M. Ismail Faruqui etc, Petitioners v. Union of India and others, Respondents.

84.    Section 3(26) of the General Clauses Act comprehends the categories of properties known to Indian Law.  Article 367 of the Constitution adopts this secular concept of property for purposes of our Constitution.  A temple, church or mosque etc. are essentially immovable properties and subject to protection under Articles 25 and 26.  Every  immovable property is  liable to be acquired.  Viewed in the proper perspective, a mosque does not enjoy any additional protection which is not available to religious places of worship of other religions.

85.    The correct position may be summarised thus.  Under the Mahomedan Law applicable in India, title to a mosque can be lost by adverse possession (See Mulla's Principles of Mahomedan Law, 19th Edn. by M. Hidayatullah - S.217 and  AIR 1940 PC 116).  If that is the position in law, there can be no reason to hold that a mosque has a unique or special status, higher than that of the places of worship of other religions in secular India to make it immune from acquisition by exercise of the sovereign or prerogative power of the State.

AIR 1995 SUPREME COURT 2001

(From : Kerala)*

R.M. SAHAI, B.P. JEEVAN REDDY AND S.C. SEN, JJ.**

Civil Appeal Nos. 4958-60 of 1990, etc. etc., D/- 20-6-1995.

Most. Rev. P.M.A. Metropolitan and others, etc. etc., Appellants v. Moran Mar Marthoma and another etc. etc., Respondents.

D) Constitution of India, Art.25 - Civil P.C. (5 of 1908), S.9, Expln.1 - Right to religion - Includes right to seek declaration that Church was episcopal - Civil suit for such declaration is maintainable under S.9 -Scope and ambit of Expln. 1 to S.9 - Not restrictive.

Per R.M. SAHAI, J. :- The declaration that the Church is episcopal is covered in the expansive expression of religion. The word 'episcopal, means of or pertaining to bishops, having a Govt. vested in bishop'. A suit for declaration of such a right would be maintainable under Section 9. Not only because it is claim to an office but also because there is no other forum where such dispute can be resolved. If a disput

. M. SAHAI, J. :- When Lord Jesus Christ was asked by a youngman who was possessed of property what was the road to heaven, the Holy Bible records it in Chapter 19 of the New Testament - the Gospel According to St. Mathew thus,  @page-SC2010

"16. And, behold, one came and said unto him, Good Master, what good thing shall I do, that I may have eternal life?

17. And he said unto him. Why callest thou me good? there is none good but one, that is, God; but if thou wilt enter into life, keep the commandments.

18. He saith unto him, Which? Jesus said, Thou shalt do no murder, Thou shalt not commit adultery, Thou shalt not steal, Thou shalt not bear false witness,

19. Honour thy father and thy mother; and, Thou shalt love thy neighbour as thyself.

20. The young man s

20. The young man saith unto him, All these things have I kept from my youth up : what lack I yet?

21. Jesus said unto him, if thou wilt be perfect, go and sell that thou hast, and give to the poor, and thou shalt have treasure in heaven : and come and follow me.

22. But when the young man heard that saying, he went away sorrowful : for he had great possessions."

AIR 1996 SUPREME COURT 550

KULDIP SINGH, S.C. AGRAWAL AND B.L. HANSARIA, JJ.

Civil Appeal No. 668 of 1993, (with C. A. Nos. 689 OF 1993, 4664-4665 etc., of 1994; 10039; 10052-80 of 1995 and W. P. (C) No. 16 of 1994 and S. L. P. (C) Nos. 6885 of 1992 and 18497, 351 of 1993 etc. etc., D/- 13-11-1995.

Indian Medical Association, Appellant v. V.P. Shantha and others, Respondents.

(A) Words and Phrases - Profession - Characteristics - How different from occupation.          (Paras 20, 21)

The  word `profession' used to be confined to the three learned professions, the Church. Medicine and Law. It has now, I think a wonder meaning". [See : Commissioner of Inland Revenue v. Maxse, 1919 1  KB 647 at p. 657].

AIR 1996 SUPREME COURT 1023

K. RAMASWAMY AND B.L. HANSARIA, JJ.

Writ Petns. (C) Nos. 713 and 908, 1066 , 1359 and 1375 of 1987 and Transfer Cases Nos. 169 of 1988, 60 of 1989, D/- 17-1-1996.

Pannalal Bansilal Patil and others etc., Petitioners v. State of A.P. and another, Respondents.

15. In the Commissioner, Hindu Religious Endowments. Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. (1954) SCR 1005 : (AIR 1954 SC 282), known as Shirur Mutt case this Court had held that the language of Article 25 indicates to secure to every person subject to public order, health and morality, a freedom not only to entertain such religious belief as may be approved of by his judgment and conscience but also to exhibit his belief in such outward acts as he thinks proper and to propagate or disseminate his ideas for the edification of other. It is the propagation of belief that is protected no matter whether the propagation takes place in a church, or monastery or in a temple or parlour meeting. At page 1023 (of SCR): (at p. 290 of AIR) it was held that the word "religion" has not been defined in the Constitution and it is a term which is hardly susceptible of any rigid definition. Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. Religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion conducive to their spiritual well being.

AIR 1996 SUPREME COURT 3121

B.P. JEEVAN REDDY,  S.C. SEN AND S.B. MAJMUDAR, JJ.

Civil Appeal Nos. 4958-60 of 1990 with C. A. Nos. 4953, 4957,  4989, 4954-56 of 1990, 6070 and 6071-74 of 1995, D/- 25-3-1996.

Most Rev. P. M. A. Metropolitan and others, etc., Appellants v. Moran Mar Marthoma Mathews and another, etc., Respondents.

AIR 1997 SUPREME COURT 1035

(From : Kerala)

B.P. JEEVAN REDDY, SUHAS C. SEN AND S.B. MAJMUDAR, JJ.

Interlocutory Appln. Nos. 1-9 in Civil Appeal Nos. 4958-60 of 1990 with C. A. Nos. 4953, 4954-56, 4957 and 4989 of 1990 and 6070 and 6071-6074 of 1995 with I. A. Nos. 10-12, 13-15, 16-27 and 31-32 in Civil Appeal Nos. 4958-60 of 1990, D/- 5-2-1997.

Most. Rev. P. M. A. Metropolitan and others etc., Appellants v. Moran Mar Marthoma Mathews and another etc., Respondents.

(A) Civil P.C. (5 of 1908), O.20, R.6 - Contents of decree - Ecclesiastical law - Dispute regarding Malankara Jawkite Syrian Church - Resolved vide judgement in 1995 AIR SCW 3133 - Drawing up of decree - Manner and contents of decree indicated.   (Para 2)

(B) Constitution of India, Art.25 - Constitution of Malankara Association (1934), Art.71, Art.46 - Substitution of Arts. 71 and 46 by Supreme Court by order D/- 25-3-96 (1996 AIR SCW 1630) - Word 'families' erroneously used in substituted Articles instead of words "members of the Parish assembly" - Words "family" or "families" occurring in two articles directed to be substituted by words "member" or 'members' as the case may be - First proviso in Art. 71 deleted. (Para 3)

AIR 1998 SUPREME COURT 2120

(From : Delhi)*

S.C. AGRAWAL, G.N. RAY, Dr. A.S. ANAND, S.P. BHARUCHA AND S. RAJENDRA BABU, JJ.**

P. V. Narsimha Rao, Appellant v. State (CBI/SPE) etc. etc., Respondents.

Crl. Appeals Nos. 1207-1208 of 1997 (with Crl. A. Nos. 1209-1222 of 1997 and 186 of 1998 (arising out of S.L.P. (Cri.) Nos. 2, 187 and 366 of 1998), D/- 17-4-1998.

AIR 1991 SUPREME COURT 427

(From : Madhya Pradesh)

T.K. THOMMEN AND R.M. SAHAI, JJ.

Civil Appeal No.2272 of 1972, D/-18-12-1990.

Hari Ram and others, Appellants v. Babu Gokul Prasad, Respondent.

M.P. Revenue Code (1954), S.166 - M.P. Land Revenue Code (20 of 1959), S.185, S.182 - Land in dispute in Mahakoshal region -Annual tenancy for agricultural year - Tenancy came to end in June 1959 - However landlord permitting tenant to continue as such - Tenancy continued in law - M.P. Revenue Code enforced in 1959 - Tenant and his predecessors were sub-tenants from 1912 to 1959-60 - Tenant held, became ordinary tenant in 1954 under 1954 Code and occupancy tenant in 1959 - Acquired Bhumiswami rights.

Decision of Madh. Pra. High Court, Reversed.    (Para 5)

AIR 1991 SUPREME COURT 489

(From : M.P. High Court)

T.K. THOMMEN AND R.M. SAHAI, JJ.

Civil Appeal No. 1046 of 1982, D/-29-1-1991.

The State of M.P. and others, Appellants v. Mr. Krishnarao Shinde and others, Respondents. @page-SC49

M.P. Land Revenue Code (20 of 1959), S.181, S.182(i) - Government lessee - Land held by Company on lease from erstwhile Gwalior State after it had been acquired - Finding in earlier proceedings that Company was not Pakka tenant becoming final - Company holding land from State Government in terms of old agreement as well as under fresh agreement - It is a "Government lessee" - Large amounts due and payable by company as rent for period far in excess of three months - Company is liable to eviction u/S.182(2)(i).

Misc. Petn.84 of 1978 dt.20-9-1980 (M.P.) Reversed.   (Paras 5 to 8, 10)

AIR 1992 SUPREME COURT 1239

(From : Madhya Pradesh)

M. FATHIMA BEEVI AND S.C. AGRAWAL, JJ.

Civil Appeal No. 4010 of 1983, D/-22-4-1992.

Mst. Kanchaniya and others, Appellants v. Shiv Ram and others, Respondents.

(A)  Kawaid Maufidaran, S.13 - Qanoon Mal, S.2(29), S.265 - Maufi grant in respect of temple - Grant resumed and  @page-SC1240 pujari appointed under S.13 - Rights of pujari - His rights as Kashtakar Mourushi are subjected to overriding conditions - Cannot transfer by lease, mortgage or sale, land entrusted to him.

(B) M.P. Land Revenue Code (20 of 1959), S.248, S.237, S.2(Z-3) - Summary ejectment of person in unauthorised possession - Land in question set apart for upkeep of temple - Falls under Cl.(j) of S.237(1) - Possession claimed by evictee to be under 'patta' executed for life time by Pujari of temple - Death of evictee during pendency of proceedings - Possession of his heirs becomes unauthorised - They (heirs) cannot say that they could not be ejected under S.248.         (Paras 19, 22)

AIR 1996 SUPREME COURT 999

(From : Madhya Pradesh)

K. RAMASWAMY AND B.L. HANSARIA, JJ.

Civil Appeal No. 11068 of 1995 (arising out of SLP (C) No. 13669 of 1995), D/- 23-11-1995.

Bhagwan Das and another, Appellants v. Sardar Atma Singh, Respondent.

M.P. Land Revenue Code (20 of 1959), S.190 - 'Bhumiswami' - Allotment of land to a person along with temporary sanad in 1954 i.e. before coming into force of Code - Permanent sanad given after coming into force of Code - Continuing of possession and of right of allottee for all such years, proved - He must be deemed to have become Bhumiswami in 1954.          (Para 7)

AIR 1997 SUPREME COURT 1699

(From : Madhya Pradesh)

K. RAMASWAMY AND G.B. PATTANAIK, JJ.

Civil  Appeal No. 1589 of 1986, D/-18-12-1996

Kalika Prasad and another, Appellants v. Chhatrapal Singh (dead) by L.Rs., Respondent.

Limitation Act (36 of 1963), Art.64 - Suit for declaration of title and possession - Respondents claimed adverse possession - Initially possession was permissible under Power of Attorney which was subsequently cancelled - Abolition of estate thereafter and appellant obtained Patta under S. 189 - No notice given to respondent - No action taken to eject him from land and he remained in uninterrupted possession well over 12 years - Respondents have perfected title by adverse possession.

M.P. Land Revenue Code (20 of 1959), S.189, S.190.  (Para 4)