Section 4 in Rajasthan Public Trust Act, 1959
4. Public trust not void on ground that it is void for non-charitable or non-religious ... public trust created for purposes, some of which are charitable or religious and some are not, shall not be deemed to be void with respect
Section 5 in Rajasthan Public Trust Act, 1959
5. Public trust not void on ground of absence of obligation.
- Any disposition of property ... charitable purpose shall not be deemed to be valid as a public trust only on the ground that no obligation is annexed with such disposition
trust was relied on by the assessee. Obviously the facts relating to that trust are almost identical with the facts of the present assessee-trust ... following additional ground :
That the AAC should have held that the Trust is void and that it is a resulting trust.
He pressed his application
certain provisions of Act 29 of 1950 which is the Bombay Public Trusts Act . In the first petition the petitioner is S Swetamber Murtipujak Jain ... with what are charitable purposes and it provides that public trusts will not be void on ground of uncertainty. Chapter TV deals with registration
manage and administer the affairs of the Trust. Following the doctrine of internal management the Trust was free to pass such resolutions and that ... impugned resolutions should be declared null and void ab initio as the Trust could not travel beyond the Article 25 of the Constitution of India
life membership of the plaintiffs
of the defendant No.1 Trust, as null and void, as it is
contrary to the settled legal applicable provisions ... defendant no.1-Trust in
arbitrary and malafide manner by levelling charges against them
be declared illegal, null and void. Consequently they are seeking
injunction
Where there is a secret trust or where there is a trust created by a personal confidence reposed by a testator in any individual ... some writing signed by the author of the trust or else the trust shall be void. Resulting and constructive trusts are exempted from the operation
voluntary alienation made or partition effected or trust created in contravention of the Section as null and void. This prohibition is not limited to voluntary ... that any alienation made or partition effected or trusted created is null and void and if as a result of such transfer, alienation or creation
alienation made or partition effected or trust created in contravention of this section shall be null and void.
(2) No member of a family ... that any alienation made or partition effected or trust created is null and void and if as a result of such transfer, alienation or creation
basis of which the said Trust has been held to be Public Trust is itself void ab initio having been obtained by fraud. Further declaration ... trust or had otherwise authority to create the particular trust, covered by section 79 read with section 80 of the Bombay Public Trusts
