2019 AIR CC 811 (P&H) ::AIROnline 2018 P and H 133 ::2019 AIR CC 811 (P&H) ::(2019) 1 Pun LR 485

Punjab And Haryana High Court

Hon'ble Judge(s): Amol Rattan Singh , J

(A) Sikh Gurdwaras Act (8 of 1925) , S.76— Interim relief - Powers of Sikh Gurdwara Judicial Commission - Commission is duly vested with jurisdiction to grant interim relief. Civil P.C. (5 of 1908) , O.39 R.1— 2004 (1) RCR (Civil) 245, Held Per Incuriam.AIR 1970 P and H 40 (FB), Rel. on. (Para 8) (B) Civil P.C. (5 of 1908) , O.39 R.1— Sikh Gurdwaras Act (8 of 1925) , S.76, S.142— Interim order - By Sikh Gurdwara Judicial Commission - Restraining petitioners - President and members of Gurdwara Prabandhak Committee from functioning as members - Conclusion arrived at, that petitioners in connivance with each other committed acts of omission and commission and misappropriated funds of Gurdwara and violated 'Sikh Rehat Maryada' - Absence of evidence against petitioner - No reasoning given for conclusion arrived at - Interim order, erroneous. (Para 2) (C) Civil P.C. (5 of 1908) , O.40 R.1— Appointment of Receiver - Mismanagement of Gurdwara funds - Sub-Divisional Magistrate, neutral person appointed as Receiver by Court. Sikh Gurdwaras Act (8 of 1925) , S.76, S.142— (Para 2) .....