SRI AUROBJNDO ASHRAM TRUST AND ORS. versus R. RAMANATHAN AND ORS.

SRI AUROBJNDO ASHRAM TRUST AND ORS. versus R. RAMANATHAN AND ORS.

Failure of trustees to take steps to ban or condemn a book critical of the trust's spiritual guru does not constitute maladministration or breach of trust warranting their removal or the settling of a scheme for administration under Section 92 CPC; trustees are entitled to wide discretion unless the exercise of discretion is perverse.

Parties
Appellant: Sri Aurobindo Ashram Trust and Others; Respondent: R. Ramanathan and Others
Jurisdiction
India
Judgment Date
05 January 2016
Procedural Posture
Civil Appeal / Appeal From High Court Order on Revocation of Leave to Sue Under Section 92 CPC
Outcome
Appeal allowed
Legal Topics
Section 92 CPC, Removal of Trustees, Scheme for Administration of Trust
Trusts and Charities Civil Procedure Section 92 CPC Removal of Trustees Scheme for Administration of Trust

Case Brief

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Parties

Sri Aurobindo Ashram Trust and Others

Appellant

R. Ramanathan and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order on Revocation of Leave to Sue Under Section 92 CPC

Legal Issues

  1. 1 Whether failure to ban or condemn a book critical of the trust's spiritual guru constitutes maladministration justifying removal of trustees under Section 92 CPC
  2. 2 Whether suit for removal of trustees falls within the ambit of Section 92 CPC

Ratio Decidendi

Failure of trustees to take steps to ban or condemn a book critical of the trust's spiritual guru does not constitute maladministration or breach of trust warranting their removal or the settling of a scheme for administration under Section 92 CPC; trustees are entitled to wide discretion unless the exercise of discretion is perverse.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court set aside
  • Application for revocation of leave granted to initiate proceedings under Section 92 CPC allowed