M/S. Vama Sundari Investment (Delhi) ... vs Prcit-9, New Delhi on 29 November, 2018
charitable trust in common
parlance.
29
32. The Black’s Law Dictionary, Ninth Edition defines ‘charitable’,
‘charitable purpose’, ‘charitable corporation’ and ‘charitable trust’
thus:
“Charitable ... eleemosynary
corporation.
Charitable trust – A trust created to benefit a
specific charity, specified charities, or the general
public rather than a private individual or entity
B. Sailesh Saxena vs The Union Of India And Others on 4 June, 2018
Bench
Daulat Ram College Society & Anr vs University Of Delhi & Anr on 12 January
Mansukhbhai Kanjibhai Shah vs State Of Gujarat on 2 February, 2018
Author: S.G. Shah
points for consideration:
(1)Whether the first petitioner Trust is a private Trust or public Trust?
(2)Whether the respondents 1 to 3 are entitled ... ascertainment, then
the first petitioner Trust can be considered as public Trust or otherwise it
will be considered as private Trust and finally, the trial
case, the trust deeds Ex.P-2 and Ex.P-3 clearly
show that the temple was a private temple.
8. I cannot agree ... case, once the specific trust deeds Ex.P-2 and
Ex.P-3 are admitted, the temple is indubitably a
private temple.
9. This Court
tenanted premises. It is further submitted that it is a
private trust, hence the petition ought to have been dismissed.
5. Reliance has been placed ... public trust and charitable trust and the distinction
between a private and a public trust is that in the former the
beneficiaries are specific individuals
tribunals may by
necessary implication stand excluded from the
purview of private fora. This Court set down
certain examples of non-arbitrable disputes
such ... special statutes where a tenant enjoys special
protection against eviction and specific
courts are conferred with the exclusive
jurisdiction to deal with the dispute.
This
society, a capital of a
trust; a capital of an institution. Therefore, if voluntary
contribution is made with a specific direction that it is forming ... there
is no such object in the trust deed so as to authorize the trust for
running a TV channel on commercial lines. Once such