Sainath Mandir Trust vs Vijaya & Ors on 13 December, 2010
Equivalent citations: AIR 2011 SUPREME COURT ... Amaravati, against the
appellant - Sainath Mandir Trust which is a registered
public trust within the provisions of Bombay Public Trusts
Act 1950. The suit land
Sainath Mandir Trust vs Vijaya W/O Vithalrao Mandale And Ors. on 27 March, 2003
Equivalent citations: 2004(2)BOMCR375, 2003(4)MHLJ187
Author
relied further upon the principles laid down in the matter of
Sainath Mandir Trust vs. Vijaya and others , reported ... placing
reliance upon the principles laid down in the matter of Sainath Mandir Trust v. Vijay
3
and others (supra) that since the plaintiffs have
learned Single Judge of this Court in the case of Sainath Mandir
Trust, Amravati v. Vijaya w/o. Vithalrao Mandale ... officer or authority
under the Act. In the cae of Sainath Mandir Trust (supra), a learned Single Judge of
this Court (Kanade, J.) after referring
decision
rendered by the Honourable Supreme Court in the case
Sainath Mandir Trust Vs. Vijaya and ors., reported in
AIR 2011 SC 389. Learned advocate ... such plea in
his pleading."
12. In the case of Sainath Mandir Trust Vs. Vijaya
and ors., (supra), the Honourable Supreme Court has
observed
decision of the apex Court in the case of Sainath Mandir
Trust v. Vijaya & Ors. , AIR 2011 SC 389.
6. Per contra, Mr. Bose ... deed.
Learned trial court has rightly impounded the same.
7. In Sainath Mandir Trust, the apex Court held that :
"14. It is no doubt
Trustee' of the Trust' filing the suit for and on behalf of the Trust. At this stage, it is not out of place ... make all the trustees party in the suit, as per decision SAINATH MANDIR TRUST Vs. VIJAYA V. MANDALE reported
case where the beneficiaries of a trust want to complain that there has been a breach of the trust or that a direction ... Ganesh Dass Chawla Charitable Trust (Regd )] and ( 2011) 1 SCC 623 [Sainath Mandir Trust Vs. Vijaya and others ], can not be made applicable
Charity Commissioner as
envisaged under Section 50 of the Bombay Public Trust
Act, 1950 and further that in view of Section 51 of the said ... Supreme
Court of India in the case of Sainath Mandir Trust versus
Vijaya reported in AIR 2011 SC 389 and of this Court
Sivachidambara Chetty and fourteen others) and
CDJ 2010 SC 1180 ( Sainath Mandir Trust v. Vijaya & others ) and
based on the abovesaid decisions would contend
