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Swami Dayanandha Saraswathi Memorial ... vs Sri Ramachandra Educational Trust on 26 May, 2020

18. We therefore, with due respect, conclude that the view of the Hon'ble Mr.Justice V.Parthiban to the effect that an application under Section 92(1)(f) at the instance of the Trusts or the Trustees is not maintainable cannot be sustained. No doubt, Section 7 of the Charitable and Religious Trusts Act, 1920 could also be invoked, but, the said provision would also suffer the same deficiency as Section 34 as pointed out by Hon'ble Mr.Justice K.Sampath and the Hon'ble Mr.Justice Senthilkumar Ramamoorthy in A.Changiah and others reported in 1997-3-LW-537 and Swami Dayanandha Saraswathi Memorial Trust Vs. Sri Ramachandra Educational Trust reported in MANU/TN//3161/2020.

Trustees Of Heh Nizams Pilgrimage Money ... vs The Commissioner Of Income Tax, Andhra ... on 20 April, 2000

In Swami Dayanadha Saraswathi Memorial Trust Vs. Sri Ramachandra Educational Trust referred to supra, the Hon'ble Mr.Justice Senthilkumar Ramamoorthy after referring to the judgments of the Hon'ble Supreme Court in Sheik Abdul Kayum Vs. Mulla Alibhai reported in AIR 1963 SC 309 and Trustees of HEH The Nizam's Pilgrimage Money Trust, Hyderabad Vs. Commissioner of Income Tax, A.P., Hyderabad reported in (2000) 4 SCC 179 referred to supra held that the power under Section 34 is intended to deal with the question that are capable of proceeding with any summary proceedings and not questions of detail, difficulty or importance. The learned Judge ruled out the applicability of Section 34 to proceedings which are more complex in nature. We are in entire agreement with the view 14/19 https://www.mhc.tn.gov.in/judis O.P.Nos.
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