ARINDAM MUKHERJEE
IN THE MATTER OF: SWAMI SMARANANANDA – Appellant
Versus
. – Respondent
JUDGMENT :
1. This matter was finally heard before the change in determination. An order was also dictated and made over to the advocate representing the monks of Ramakrishna Math, Belur as also those of the Sri Sri Ramkrishna Kathamrita Trust for providing the correct names as the spellings were in variance at different portions of the petition. The matter, therefor, was retained in the list of this bench with the consent of the parties despite change in determination of this bench.
2. This is an application under Section 7 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as the “said Act”) made jointly by the trustees of two trusts which have been created for public purposes of a charitable and religious nature. By the said application, the two trusts namely Ramakrishna Math, Belur commonly known as Belur Math and Sri Sri Ramkrishna Kathamrita Trust (hereinafter for the sake of convenience referred to as “Kathamrita Trust”) have sought a direction from this Court permitting merger of Kathamrita Trust with Belur Math in a manner that on the proposal being approved by this Court all assets and properties of Kathamrita Trust will vest in Belur Math and there w
The court allowed the merger of two trusts under Section 7 of the Charitable and Religious Trusts Act, 1920, finding commonality in their objectives and ensuring effective administration.
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
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The transfer of trusteeship is deemed a 'settlement' under Article 58(ii) of the Indian Stamp Act, affirming that no conveyance occurred, but rather a handing over of management for charitable purpos....
The authority to challenge property sales under the Charitable and Religious Trusts Act requires the claimant to have standing as a trustee or beneficiary; mere worshippers lack legal grounds to cont....
The issue of whether a trust is a private trust or a public trust must be decided in an appropriate proceeding, and the notices issued by the Board were found to be within its jurisdiction.
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