Sharadchandra Manjulal Bhatt vs Joint Charity Commissioner on 10 October, 2023
Author: Vaibhavi D. Nanavati
15th January, 2015. As such, the Petitioner No.2
being the Managing Trustee is in management of both the Trust
and the Institution since then ... after his death, the Petitioner No.2 being the sole
surviving trustee inducted one Somya Ranjan Pandit (Proforma
Opposite Party
Saha died before Jugol Moni Dasya. There were thus 8
named surviving trustees. On the death of Jugol Moni Dasya, the
original defendant ... other trustees and defendants. As on
date, there is only one surviving trustee, the rest have all died.
20. At the interlocutory stage
observe that testator had no authority to debar any
trustee/shebait, who has become trustee/shebait as per terms and
conditions of the deed ... person dies, leaving property of
which he was sole or surviving trustee or in which he had no beneficial
19
interest on his account
filed the returns
belatedly only on 31.03.2021 as both the Trustee and the Managing
Trustee of the petitioner fell ill after the time was extended ... judis
4/10
W.P.Nos.16033 & 16037 of 2022
surviving Trustee took over the affairs but were unable to access the IT
Portal
last surviving or
continuing trustee to appoint a new trustee or trustees in
place of trustee or trustees so dying or desiring to be
discharged ... surviving or
continuing trustee or trustees or for the heirs or executors or
administrators of the last surviving or continuing trustee to
appoint
election
of Trustees and in the absence of such provisions, there
was no accountability to the public by the Trustees and
they had failed ... losses.
10. It was stated that in the year 2008, the surviving
trustees were of the view that there was a necessity to
include some
These original trustees appear to have
appointed a Trustee Mandal, comprising of 3 persons
(pg 31), out of which only 1 survived namely; Shri Wasudeo ... meeting dated 25-09-05 was convened by the sole surviving
trustee the meeting lacked validity. It is on these two
grounds the change report
Digitally signed by
DURGADEVI TRUST,
SHIVAKUMAR
HIREMATH
REP. BY ITS SURVIVING SOLE TRUSTEE
Date: 2023.12.05 SMT.IRAWWA
11:51:19 +0530
W/O SHIVAPPA CHOLAGERI ... PATIL .,ADVOCATE)
AND:
1. DURGADEVI TRUST,
REP. BY ITS SURVIVING SOLE TRUSTEE
SMT.IRAWWA
W/O SHIVAPPA CHOLAGERI @ PUJAR
AGE: 62 YRS, OCC: HOUSEHOLD
Digitally signed by
DURGADEVI TRUST,
SHIVAKUMAR
HIREMATH
REP. BY ITS SURVIVING SOLE TRUSTEE
Date: 2023.12.05 SMT.IRAWWA
11:51:19 +0530
W/O SHIVAPPA CHOLAGERI ... PATIL .,ADVOCATE)
AND:
1. DURGADEVI TRUST,
REP. BY ITS SURVIVING SOLE TRUSTEE
SMT.IRAWWA
W/O SHIVAPPA CHOLAGERI @ PUJAR
AGE: 62 YRS, OCC: HOUSEHOLD