effect the trusts therein
set out. In all 21 Trusts were dissolved.
532
Each Trust had an Executive officer. If 21 Trusts were
dissolved ... dissolving the Trusts, certain officers were
appointed in respect of each trust to carry on the functions
of the Trusts. Therefore, the Trust independent
during their lifetime, Smt. Birla
formed four trusts and MPB formed the fifth trust.
These trusts, 5 in number, covered corporate
assets. On 30th July ... Birla Trust under clause 6(b) and made
nominations of beneficiaries in respect of her four
trusts under clause 7(a) of the trust deeds
Section 105 , which is to the
following effect:-
“ Section 105 . Ultimate dissolution of Trust
and Transfer of its assets and liabilities to
the Municipal Board ... Clause (iii). Coming back to Section 105 ,
which provides for ultimate dissolution of Trust and
transfer of its assets and liabilities to the Municipal
Board
Concededly, the properties of the trust being properties of the religious trust
had vested in such trust. Such a provision, we have noticed hereinbefore,
also ... only
one entity and that upon dissolution of a society the trust automatically
ceases and all that remains is to carry out the registration under
without following Section 50A of the BPTA which
deals with the dissolution of trust, the FDCB property cannot be vested
with CNI. Thus, the learned ... Concededly, the properties of the trust
being properties of the religious trust had vested in such trust. Such
a provision, we have noticed hereinbefore, also
provides for a complete machinery for a
person interested in the trust to put forward his claim
before the Charity Commissioner who is competent ... pointed out that this Court directed that
the matter relating to dissolution of trust would fall for consideration by the
Charity Commissioner alone.
As noticed
inadequate. In
the absence of demonstrated necessity, compulsory
acquisition coupled with dissolution of trust
arrangements is plainly disproportionate.
40. This Court, in the course ... pattern of arbitrariness: complete vesting of
property in the State, dissolution of long-standing trust
arrangements, absence of any finding of necessity or
mismanagement, provision
talaq, ila,
zihar, lian, khula and mubaraat, maintenance, dower,
guardianship, gifts, trusts and trust properties, and wakfs
(other than charities and charitable institutions and
charitable ... including talaq, ila, zihar, lian, khula and mubaraat,
maintenance, dower, gifts, trusts and trust properties, and
wakfs …”. Section 3 added to the above list, “… adoption
zihar, lian, khula and mubarrat, maintenance,
dower, guardian. ship, gifts, trusts and trust
properties, and wakfs (other than charities
and charitable institutions and charitable ... personal law, marriage,
dissolution of marriage, including Tallaq,
ila, zihar, lian, Khula and Mubarrat,
maintenance, dower, guardianship, gifts,
trusts and trust proper. ties and wakfs
Madhya Pradesh shall take
appropriate steps to ensure the dissolution of the Trust in
accordance with law. The BMHT was initially formed for a period
