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VIVEK JAIN
Vijay Kumar Tevraiya S/o Late Shri Suresh Chandra Tevraiya – Appellant
Versus
Registrar Public Trust and Sub-Divisional Officer (Revenue) Tikamgarh – Respondent
ORDER :
1. The present petition has been filed challenging the order dated 22.7.2022 (Annexure P-1) passed by the Principal District Judge, Tikamgarh in MJC No. 23/2021, which are the proceedings in terms of section 26 of the M.P. Public Trusts Act 1951 (for short, Act 1951). By the said order, the said Court has rejected the application filed by the present petitioners under Order 14 Rule 1, 3 read-with section 151 CPC. The request of the petitioner to frame issues in terms of Order 14 rule 1 to 5 CPC and then to proceed further, has been turned down by the said Court.
2. It is stated by the learned counsel for the petitioner that a frivolous complaint was filed by the present respondents No. 3 and 4 in the matter of improper management of the Trust known as Shri 1008 Digambar Jain Atishay Kshetra Papora Public Trust, Tikamgarh. The complaint was made to the respondent No. 2 who forwarded the same to the respondent No. 1-Registrar Public Trusts. It is further stated that the respondent No. 1 caused an improper enquiry into the matter and forwarded the matter to the District Judge as per Section 26 of the Act of 1951 to issue appropriate directions. The petitioners moved an applicati
The inquiry under the M.P. Public Trusts Act does not require mandatory issue framing, as it is not a civil trial, and the court's discretion in this regard is upheld.
It is better that the members of the bar shall file draft issues before framing of issues by the Courts and filing of draft issues before framing of issues by the Courts, will assist the trial Court ....
The inquiry held by Deputy or Charity Commissioner under Section 19 is by no means an administrative or an executive inquiry The rules framed under the Act called the Bombay Public Trusts Rules 1951 ....
The main legal point established in the judgment is that the Maharashtra Public Trust Act is a complete code in itself and that section 92 of the C.P.C. is not applicable to public trusts as per sect....
Courts must distinctly frame and address the material issues in civil trials; failure results in judicial impropriety and necessitates retrial.
The Public Trust must be impleaded in appeals concerning its registration to ensure proper adjudication of disputes.
Point of Law : If an appeal has been filed therefrom, in accordance with decision of Commissioner on such appeal and provisions of section 21 and 22 shall apply to such amended entries as they apply ....
Judgments must provide issue-wise findings as mandated by procedural rules; failure to do so constitutes legal impropriety and invalidates the judgment.
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