Nathany Charitable Trust Vs. Sri Krishna Kumar Nathany and ors.

Nathany Charitable Trust vs Sri Krishna Kumar Nathany and ors.

Type Court Judgment Court Kolkata Decided Sep 17, 2014

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https://sooperkanoon.com/case/1164432

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Citation: sooperkanoon.com/1164432
Court: Kolkata High Court
Judge: Soumen Sen
Decided On: Sep 17, 2014
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Nathany Charitable Trust

Respondent

Sri Krishna Kumar Nathany and ors.

Excerpt

.....the said applicant is a body corporate created under section 5 of the bihar hindu religious trust act, 1950. the learned counsel appearing on behalf of the board prays for recalling of the orders passed by this court in an application filed under section 7 of the charitable and religious trust act,1920. it is submitted that in view of section 74 of the bihar hindu religious trust act,1950 the trustees are required to apply to the said board for directions. according to the learned counsel, section 74 of the 1950 act overrides section 7 of the religious and charitable trust act,1920. the learned counsel has referred to state works in section 12 which states that the provisions of the charitable and religious trust act,1920 shall not apply so far as they are consistent with amongst others.the bihar hindu religious trust act,1950 applies in case of religious trust in the state of bihar. it is stated that the substantial part of the subject matter of the trust is situated at bihar and, accordingly, the applicant was required to apply to the board under section 74 of the said act. this issue requires a consideration. in spite of notice, none appears on behalf of the petitioners.copies of the notices dated 11th september,2014 and 15th september,2014 are kept with the record. the matter is made returnable one week after vacation. the applicant is directed to communicate this order to ms.usha doshi, advocate representing the petitioner. in view thereof, the orders dated 28th november,2013 and 12th june,2014 shall remain stayed. certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities. (soumen sen, j.) s.chandra

Full Judgment

1 GA2946of 2014 WITH ACR6of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE MATTER OF : NATHANY CHARITABLE TRUST VERSUS Sr.KRISHNA KUMAR NATHANY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 17th September, 2014.

The Court :- This application is at the instance of the Bihar State Board of Religious Trust.

The said applicant is a body corporate created under Section 5 of the Bihar Hindu Religious Trust Act, 1950.

The learned Counsel appearing on behalf of the Board prays for recalling of the orders passed by this Court in an application filed under Section 7 of the Charitable and Religious Trust Act,1920.

It is submitted that in view of Section 74 of the Bihar Hindu Religious Trust Act,1950 the trustees are required to apply to the said Board for directions.

According to the learned Counsel, Section 74 of the 1950 Act overrides Section 7 of the Religious and Charitable Trust Act,1920.

The learned Counsel has referred to State works in Section 12 which states that the provisions of the Charitable and Religious Trust Act,1920 shall not apply so far as they are consistent with amongst otheRs.The Bihar Hindu Religious Trust Act,1950 applies in case of religious trust in the State of Bihar.

It is stated that the substantial part of the subject matter of the trust is situated at Bihar and, accordingly, the applicant was required to apply to the Board under Section 74 of the said Act.

This issue requires a consideration.

In spite of notice, none appears on behalf of the petitioneRs.Copies of the notices dated 11th September,2014 and 15th September,2014 are kept with the record.

The matter is made returnable one week after vacation.

The applicant is directed to communicate this order to Ms.Usha Doshi, Advocate representing the petitioner.

In view thereof, the orders dated 28th November,2013 and 12th June,2014 shall remain stayed.

Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.

(SOUMEN SEN, J.) S.Chandra

Same Court & Year Kolkata · 2014 Same Parties Nathany Charitable Trust vs Sri Krishna Kumar Nathany and ors. Same Subject MRTP Same Judge Soumen Sen