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1 - 7 of 7 (0.20 seconds)The Maharashtra Public Trusts Act, 1950
Section 36 in The Army Act, 1950 [Entire Act]
Article 227 in Constitution of India [Constitution]
Shri Ambadevi Sanstha vs Joint Charity Commissioner on 25 September, 2018
In support of his
submissions, he placed reliance on the judgment of the Hon'ble
Supreme Court in Shri Ambadevi Sanstha & Ors. v. Joint Charity
Commissioner & Ors., (2019) 17 SCC 419.
A.A. Gopalakrishnan vs Cochin Devaswom Board & Ors on 19 July, 2007
In A.A.
Gopalakrishnan v. Cochin Devaswom Board, (2007) 7 SCC 482,
the Hon'ble Supreme Court underscored the importance of
protecting religious and charitable properties and cautioned that
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trustees and statutory authorities must act with utmost vigilance to
safeguard trust assets. The salutary objective of the revocation
provision is to ensure the interests, benefit, and protection of the
trust and its properties. This legislative design prevents the misuse
of trust assets and serves as a constant reminder that trustees, or
any person acting on behalf of the trust, must proceed with
transparency and good faith, failing which the law provides a
robust corrective mechanism.
Sailesh Developers, A Registered ... vs The Joint Charity Commissioner ... on 14 February, 2007
25. Before sanctioning the sale of trust property, the Charity
Commissioner is mandated to arrive at clear findings on the
following aspects: (i) the trust's genuine need to sell the
properties; (ii) whether the alienation is in the trust's best interest
and beneficial to its objectives; and (iii) whether the sale is both
necessary and expedient in the broader scheme of managing the
trust. As repeatedly held, including in Sailesh Developers (supra),
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the Charity Commissioner should adhere to a transparent
procedure, typically involving a public advertisement or an
auction, to ensure the property fetches its fair market value and to
guard against any potential undervaluation or collusive bidding.
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