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 - s.36 - PLIH a charitable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bombay Public Trusts Act, 1950 - s.36 - PLIH, a charitable trust, constructed a charitable hospital - However, PLIH resolved to transfer Hospital to another Public Trust called BPP - Hospital got closed for various reasons - PLIH entered into lease agreement/scheme with-company called KHPL to renovate refund the hospital into a super_ specialty hospital at their cost - Charity Commissioner accorded approval to PLIH for execution of lease deed in favour of KHPL - One group of trustees of BPP filed writ petition in High Court challenging legality of scheme and approval granted by the Charity Commissioner - High Court upheld.the scheme and order of Commissioner - On appeal, held: During pendency of the litigation, KP HL informed the PLIH/BPP that it was not interested in continuing the project - Thereafter, KP LH terminated the agreement - When the impugned scheme/agreement no longer subsists and is not alive, there is no occasion to decide. ·rs legality and correctness on legal side because any decision; even if rendered, would be of no avail t0 the parties - Appeal has become infructuous for all practical purposes. Trust - Duty of a trustee. - Moral as well as legal duty - Elucidated. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 257 |
Petitioner | Dinshaw Rusi Mehta & Anr. |
Respondent | The State Of Maharashtra & Ors. |
SCR | [2017] 2 S.C.R. 727 |
Judgement Date | 2017-03-22 |
Case Number | 4375 |
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