Posts

Showing posts from December 11, 2022

Hon. S.C. -A Charitable Trust's Informed decision to Sell of Property cannot be questioned : Adv. ROHiT ERANDE. ©

“So long as the decisions are well informed and grounded, any organization which is self-governed,  the  interests of  the trust are those defined by its members and it cannot be subjected to overarching state control.” A path breaking Judgment of  Hon’ble  Apex  court  while upholding the informed decision of a Charitable Trust to sell off its properties for the benefit of the Trust. Adv. Rohit Erande. B.Com, LLM, Pune. © Introduction : In a recent and one could call as a path breaking  judgment1,  3 judges bench2  of Hon’ble Supreme Court of India was pleased to hold that, under the provisions of the Madhya  Pradesh  Public Trusts Act, 1951 & Rules 1962, the Registrar is not empowered to prescribe its own notions as to what is beneficial and what is prejudicial to the Public trust, and as a result the Registrar cannot put unreasonable and unilateral restrictions on the  sale  of  the Trust property, which was otherwise in dilapidated condition and fetching no income but causing r