would be placed in charge of particular
regions or particular trusts or classes of trusts as may be
considered necessary. Section 9 , with which Chapter ... trust money for purposes other than those for which the
trust was created. The State can step in only when the
trust fails
contains a non-
obstante clause in terms whereof a public trust shall not be void only on the
ground that the persons or objects ... constituted for a
charitable or religious purpose, such trust shall not
be deemed to be void only on the ground
(a) that the performance
favour of the first Respondent
Trust (`Trust' for short) in respect of the suit property was null and void
and for a consequential injunction ... dated 25.8.1999, declaring that the said gift deed to
be void and restraining the Trust from interfering with her possession.
3. Feeling aggrieved, the Trust
holding that the
objects and activities of the trust fell objects and
activities of the trust fell within the first limb of the
definition ... various clauses of
the trust deed even as amended by the second rectification
decree dated 10.5.1955, the trust is void for uncertainty
death Jagannathdas created a trust by a registered deed dated March 17, 1952 called the Seth Mannoolal Jagannathdas Hospital Trust in respect of most ... Premwati as their son on September 24, 1951, that the trust was void and that he was entitled to half the estate. Jagannathdas died
original purpose for which a Public Trust was created and allow the property or income of the Trust to be applied cy pres ... either to alter the purposes of the Trust or to apply the income or property of the Trust cy pres. On the contrary, the very
Section 12 in The Maharashtra Public Trusts Act, 1950
12. Public trust not void on ground of absence of obligation.––
Any disposition of property ... religious or charitable purpose shall not be deemed to be void as a public trust, only on the ground that no obligation is annexed with
Section 10 in The Maharashtra Public Trusts Act, 1950
10. Public trust not to be void on ground of uncertainty.––
Notwithstanding any law, custom ... usage, a public trust shall not be void, only on the ground that the persons or objects for the benefit of whom or which
Section 11 in The Bombay Public Trusts Act, 1950
11. Public trust not void on ground that it is void for non-charitable or nonreligious ... public trust created for purposes some of which are charitable or religious and some are not shall be deemed to be void in respect
State Act which impinge upon
the provisions of the Central Act are void and, therefore,
unenforceable. It is for these reasons that the appointment ... HighPower Committee by the State Government to inspect the
respondentTrust was void as has been rightly held by the High
Court.”
The Court
