ground that the parties
have amicably resolved the dispute.
The two trustees, viz. Shri Ramjibhai Premjibhai Patel, i.e. the
Page ... 16th January 2018
respectively have been filed on behalf of the two trustees, viz. Shri Ramjibhai
Premjibhai Patel, the respondent no.2 original first informant
scope of the present appeal, I shall
now look into the two orders. The Charity Commissioner, State
of Gujarat, in the Scheme Application ... when this application was made there were two
Page 33 of 44
C/FA/3268/2018 JUDGMENT
trustees viz. Meghnathan and Shriram. The Applicant
State Of Gujarat & vs Shivarjsinh Harishchandrasinh & 2 on 10 January, 2018
Author: J
appreciating the factum that it uses the
words "transferred by the trustee for a valuable
consideration" in that event the limitation would ... asseveration of the plaintiff is that the trustee had
created three settlement deeds in favur of his two
daughters and a granddaughter. The issue
same in the
presence of at least five trustees and five
devotees every two months and assess the income
(count money) and hand over ... part that minimum
5 trustees and 5 donors will calculate the income and
deposit in the bank at every two months' intervals
and this
merely act in accordance with
the instructions given by the trustees of the said Trust;
including the Chairman. Counsel further urged that the
application ... towards admission fees, term
fees for two years and tuition fees, the Trustees retained 35% of
the share [ie., Rs. 3,36,000/=] and subtracting
administration of these temples, he had divided
India into two parts and had styled those two parts as the
Northern Diocese or Vibhagh and Southern ... purpose, he had made each of the
nephews the de facto Managing Trustee in charge of the
temples and religious affairs in both these Divisions
public trust, a scheme should be settled for
it, or where two or more persons having
interest in a public trust make an
application ... settled for
it, the Charity Commissioner may, if after
giving the trustees of such trust due
opportunity to be heard, he is satisfied that
cannot be cancelled under section
12AA(3) of the Act unless the two grounds on which such
cancellation is envisaged are established ... city. It was further contended that no money was
retained by the trustees or their family members. The
agreement to sell was executed
priest have to be met therefrom. Accordingly, procedure
of appointing succeeding trustee is complicated. No
explanation has been given as to who should be
considered ... been legally appointed as trustee or
administrator and manager of this temple. Therefore,
there is a need to appoint legal trustees for movable and
immovable