Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Public Trusts Act 1950: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Public Trusts Act, 1950 (29 of 1950) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Public Trusts Act, 1950:s.36 – Sale of Trust property – Power of Charity Commissioner– Application seeking permission to sell Trust property, afteraccepting earnest money – Objections by two persons stating thatthey were ready to purchase the property at much higher price –Objection also by newly elected body of Trust stating that it did notintend to sell the properties – Despite the objections, CharityCommissioner granted permission to sell – Writ petition – Dismissedby High Court – On appeal, held: While disposing of Trust property,Charity Commissioner has to consider interest, benefit and protectionof Trust – Action of Trust seeking permission to sell after acceptingearnest money was improper, illegal and impermissible – Priorsanction was necessary to create any right in the properties – Suchillegal transaction could not have been sanctioned – It wasimpermissible and violative of intendment of the provisions containedin s.36. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 873 |
Petitioner | Shri Ambadevi Sanstha And Ors. |
Respondent | Joint Charity Commissioner And Ors. |
SCR | [2018] 11 S.C.R. 484 |
Judgement Date | 2018-09-25 |
Case Number | 9936 |
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