| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Trusts Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Trusts Act, 1882 – Validity of Appellant’s claim to the office of founder trustee in the respondent-Trust – Held: The overwhelming evidence produced by the appellant in the form of Aadhaar Card issued by the Government of India as also his Income Tax assessments in India based on the certification of Chartered Accountant of his fulfilling the requirement of ‘resident’ in terms of s.6 of the Income Tax Act, 1961 has been taken to be of little value by the High Court after counting the number of days of the appellant’s stay in India and then questioning that the certificates were not showing as to for how many days he was in Madras Presidency – Also, appellant’s ownership and possession of property in India, including residential property; having bank accounts in India; being assessed as resident for the purpose of Income Tax Act, 1961 have all been brushed aside by the High Court by mere count of number of days of stay in India – Mere holding of Green Card of the United States of America cannot be treated as decisive of the matter in the present case – When examining the matter from the point of view of spirit of Scheme of Administration governing the Trust, the concept of representation of the branch of founder trustee needs to be respected and, in that regard, claim of the descendant like the appellant cannot be lightly brushed aside by a mere count of number of days of stay in India while ignoring all other features and factors showing his choice of staying in India – Trial Court rightly analysed the evidence on record and arrived at a just conclusion in upholding the claim of the appellant to the office of founder trustee in the respondent-Trust as the representative of the branch of ‘PSGNN’ – Impugned judgment set aside – Judgment and decree of the Trial Court restored – Thus, the appointment of respondent no.10 in the Trust stands annulled – Appellant entitled to hold the office of founder trustee representing ‘PSGNN’ branch– Income Tax Act, 1961 – s. 6 – Estoppel – Principle of res judicata. Deeds and Documents – Rules of construction – Construction of terms of Scheme of Administration (SOA) governing the respondent-Trust and their application to the facts of present case (more particularly regarding abode/residence of plaintiff-appellant)– Discussed – Interpretation of Statutes. Words and Phrases – ‘resides’ – Discussed. |
| Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
| Neutral Citation | 2022 INSC 533 |
| Petitioner | V. Prakash @ G.n.v. Prakash |
| Respondent | M/s. P.s. Govindaswamy Naidu & Sons’ Charities Represented By Its Managing Trustee & Ors. |
| SCR | [2022] 18 S.C.R. 948 |
| Judgement Date | 2022-05-09 |
| Case Number | 3791 |
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