SWATANTER KUMAR, D.D.SINHA, PRASANNA B.VARALE
Shyamabai wd/o Surajkaran Joshi – Appellant
Versus
Madan Mohan Mandir Sanstha – Respondent
Based on the provided legal document, the key points can be summarized as follows:
The Bombay Public Trusts Act, 1950, has specific provisions for public trusts, and the inclusion of societies registered under the Societies Registration Act, 1860, within the definition of public trusts does not automatically confer the status of a public trust unless certain registration conditions are met (!) (!) .
Registration and Legal Status of Public Trusts:
The second part of the definition of "public trust" in the relevant legislation pertains to societies registered under the Societies Registration Act, 1860, but this is distinct from the first part, which defines a public trust for regulatory purposes (!) (!) .
Delegation of Trustee Powers:
Trustees are generally required to execute their duties jointly. However, exceptions exist where delegation is permitted, such as when the trust deed allows it, with the approval of co-trustees, or in the regular course of business. The decision to act can sometimes be delegated to one trustee under specific circumstances (!) (!) .
Suit for Recovery and Legal Proceedings:
Proceedings for recovery of property or eviction initiated by a trustee or a trustee’s authorized representative are subject to the applicable laws governing trusts and trusts-related actions. The authority of individual trustees to institute such proceedings depends on the legal framework applicable to the trust, whether private or public (!) (!) .
Legal Interpretation and Legislative Intent:
The legislative device of incorporation versus mere reference is crucial; provisions incorporated into a statute become part of that legislation, whereas references do not automatically carry the same legal effect unless explicitly adopted (!) (!) .
Jurisdiction and Court Proceedings:
The legal proceedings involving public trusts, including suits for recovery or eviction, are to be decided based on the specific statutory provisions applicable to the nature of the trust and the manner of its registration. The courts are to interpret the applicable laws without overextending the applicability of laws designed for private trusts (!) (!) .
Supreme Court and High Court Principles:
These points collectively clarify the legal framework governing public and private trusts, emphasizing the importance of proper registration, legislative intent, and the limits of statutory applicability.
D.D. Sinha, J.
Heard Shri Gilda, learned Counsel for the appellants, and Shri Mohta, learned Counsel for the respondent in Second Appeal No.116/1998, as well as Shri Gordey, learned Counsel for the petitioner and Shri Chopde, learned Counsel for the respondents in Writ Petition No. 3749/2008.
2) Justice A.B. Chaudhari in view of conflicting decisions of the learned Single Judges of this Court in the writ petitions thought it appropriate to refer the controversy in issue to the larger Bench and, therefore, vide order dated 6.8.2009 passed in Second Appeal No.116/1998 referred the following questions for determination to the Full Bench:
(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether all the Trustees of such Public Trust are required to be joined as party to the suit for eviction of a tenant?
(ii) Whether in the absence of registration of a public trust, in addition, under the Societies Registration Act, the provisions of Societies Act and Section 6 thereof, would apply to such a public trust on the strength of definition of Public Trust under Section 2
(13) of the Bombay Public Trusts Act, 1950?”
S
Sarda Education Trust vs. Mukund Rambhau Pinjarkar and others 2008 (2) Mh.L.J. 395
Thayarammal (dead) by L.R. v. Kanakammal and others (2005) 1 SCC 457
State of Uttar Pradesh v. Bansi Dhar and others AIR 1974 SC 1084
Sheikh Abdul Kayum and others vs. Mulla Alibhai and others AIR 1963 SC 309.
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