Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 92 CPC spiritual guru Aurobindo Ashram Trust |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Press and Registration of Books Act, 1867 (25 of 1867) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s.92 - Suit under - By the persons concerned with the appellant-trust (Aurobindo Ashram Trust) - Praying for removal of the trustees of the appellant-Trust as the trustees failed to support the tenets and philosophy of Shri C Aurobindo - It was alleged that the trustees failed to take any positive action to prohibit the availability of an objectionable book (biography of Shri Aurobindo written by one of the inmates of the Ashram, which contained distortions relating to life of Shri Aurobindo) or dissociate themselves from it and instead assisted the author - Leave to sue was granted - Defendants' application for revocation of leave was dismissed - In revision, High Court inter alia held that since the defendants did not take any action to secure bar of the objectionable book nor take any action against its author, the suit u/s. 92 is maintainable and the application to revoke the leave was rightly rejected - On appeal, held: In deciding whether the suit falls within the ambit of s.92, the Court must consider the purpose for which the suit was filed - In the present case, purpose to file the suit was to highlight the failure of the Trustees to take action against the availability of the book and against its author - Failure to take steps to ban a book that is critical of the philosophical and spiritual guru of a Trust would not fall within the compass of administration of the Trust - Such failure does not give rise to a cause of action for removal of the trustees and for setting a scheme for its administration - The suit does not fall within ambit of s.92 - Application for revocation should have been allowed - Trusts and Charities. Administration of Justice - Advise of the Court to resort to amicable dispute resolution mechanism, to settle the disputes. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 9 |
Petitioner | Sri Aurobjndo Ashram Trust And Ors. |
Respondent | R. Ramanathan And Ors. |
SCR | [2016] 1 S.C.R. 74 |
Judgement Date | 2016-01-05 |
Case Number | 12 |
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