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Public trusts

DEEWAN SINGH AND ORS. versus RAJENDRA PD. ARDEVI AND ORS.

The State Government is obligated to constitute a committee of management for trusts to which Chapter X of the Act applies. The expression 'shall' in Section 53 is imperative and excludes discretion. Division Bench modifications regarding discretion are unsustainable and set aside; Single Judge order directing mandatory constitution is upheld.

Source excerpt

  • Obligation to constitute management committee
  • Statutory interpretation
  • Exemption provisions
  • Res judicata
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Public trusts

CHURCH OF NORTH OF INDIA versus LAVAJIBHAI RATANJIBHAI AND ORS.

The dispute pertains to the management and property of churches as religious trusts, not as societies, and falls exclusively within the jurisdiction of the Charity Commissioner under the Bombay Public Trusts Act, 1950. Civil courts are barred from adjudicating such matters, and the suit lacks maintainability.

Source excerpt

  • Jurisdiction of civil courts
  • Bombay public trusts act
  • Societies registration act
  • Charitable trusts
  • Religious trusts
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Public trusts

SHRI D.M. DESHPANDE AND ORS. versus SHRI JANARDHAN KASHINATH KADAM (DEAD) BY LRS. AND ORS.

In the absence of material particulars supporting the respondents' plea of tenancy, the Executing Court rightly rejected the objection and granted possession to the Trust; the High Court erred in interfering and referring the tenancy issue to the Tehsildar and in ordering handing over of Trust property to the respondent.

Source excerpt

  • Execution proceedings
  • Trust property possession
  • Tenancy claim
  • Pleadings requirements
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Public trusts

STATE OF UTTAR PRADESH versus BANSI DHAR AND OTHERS

Since the conditions precedent for the charitable gift were not fulfilled, the charity as contemplated failed, and a resulting trust in favour of the donor arose. The doctrine of cypres was not applicable as the necessary general charitable intention was not established; the State was bound to return the money to the donor's heirs.

Source excerpt

  • Doctrine of cypres
  • Trusts act applicability
  • Charitable gifts
  • Conditional gifts
  • Resulting trust
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.