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Ms.Chandra Sarkar and ors Vs. Rupa Mukherjee and ors - Court Judgment

SooperKanoon Citation
SubjectTrusts and Societies
CourtKolkata High Court
Decided On
Case NumberATA No. 1 of 2011
Judge
ActsIndian Trusts Act - Section 34
AppellantMs.Chandra Sarkar and ors
RespondentRupa Mukherjee and ors
Excerpt:
[r.v. raveendran; a. k. patnaik] indian penal code section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- after investigation, the police filed two challans on 02.02.2006 before the judicial magistrate, first class, ludhiana. after further investigation, the superintendent of police, city-ii, ludhiana, submitted his report to the deputy inspector general of police, ludhiana range. the relevant portion of the report of the superintendent of police, city-ii, ludhiana, which contains his conclusions after further investigation, is extracted herein below: "i found during my investigation that mohan singh, son of shri sher singh , dharmatma singh, harpal singh, jagdev singh and bhupinder singh, sons of mohan singh, residents of pullanwal, sold one plot..........2011 and have enhanced the amount to rs.5 lakh and have resolved to donate the money to the said matribhawan.5. since it would be more purposeful for the costs of a free bed tobe partly met out of the funds available instead of it earning nominalinterest which would be meaningless for charitable purposes, thesuggestion put forth by the trustees, beneficiaries and shebaits is accepted and the decision taken at the meeting of april 29, 2011 is approved. the trustees, beneficiaries and shebaits are permitted to donate a sum of rs.5 lakh to ramkrishna sarada mission matri bhawan. the remainder of the money which is due to the deity will be invested and the deitys regular seba puja and expenses for other festivities would met out of the interest there from.the donation should be reflected.....
Judgment:
1. This is an application under Section 34 of the

Indian Trusts Act seeking the modification of the scheme already

sanctioned by this Court.

All the trustees, beneficiaries and shebaits are represented. A

supplementary affidavit has been filed appending the minutes of the

meeting of the trustees, beneficiaries and shebaits held on April 29, 2011.

2. Following a particular property of the trust being permitted to

be sold by Court, the proceeds are now available. In terms of the deed of

trust and the scheme as framed by this Court, the beneficiaries are entitled to 7/8th of the income and the deity is entitled to the balance 1/8th. Out of the proceeds from the sale of the property, the entitlement of the deity is about Rs.14 lakh. The petitioners say that if a fixed deposit is made of such amount, 30% of the annual accrual has to be spent on public charity in terms of the trust deed as modified by the scheme framed by this Court.

3. The trustees, beneficiaries and shebaits submit that the

amount that the sum of Rs.14 lakh would earn by way of interest per

annum would be meagre and spending 30% of such sum on account of

public charity would not result in much charitable work being done. The

trustees, beneficiaries and shebaits have suggested that if a sum of Rs.5

lakh is earmarked (which is more than 30% of 1/8th of the total sale

proceeds) then the money may be given for supporting a free bed at some hospital. The petitioners have ascertained from Ramkrishna Sarada

Mission Matri Bhawan that the total costs for maintenance of a bed for free patient at such Matri Bhawan is Rs.20 lakh and donations are accepted from four separate donors so that four such donors can jointly meet the expenses of a single free bed.

4. The trustees, beneficiaries and shebaits had met earlier to

approve the donation of a lumpsum amount of Rs.4.5 lakh to the

Ramkrishna Mission Seva Pratisthan. Following the letter received from

Ramkrishna Sarada Mission Matri Bhawan, the trustees, beneficiaries and shebaits have met on April 29, 2011 and have enhanced the amount to Rs.5 lakh and have resolved to donate the money to the said Matri

Bhawan.

5. Since it would be more purposeful for the costs of a free bed to

be partly met out of the funds available instead of it earning nominal

interest which would be meaningless for charitable purposes, the

suggestion put forth by the trustees, beneficiaries and shebaits is accepted and the decision taken at the meeting of April 29, 2011 is approved. The trustees, beneficiaries and shebaits are permitted to donate a sum of Rs.5 lakh to Ramkrishna Sarada Mission Matri Bhawan. The remainder of the money which is due to the deity will be invested and the deitys regular seba puja and expenses for other festivities would met out of the interest there from.

The donation should be reflected to have been made in the

Name of the Motilal Trust Estate and the relevant plaque should announce accordingly.

6. After the donation is made as above, the disbursement of the

balance amount will be made as approved by the trustees, beneficiaries

and shebaits at their meeting held on January 15, 2011 being Annexure J to the petition.

7. The Special Officer, Ms. Ratna Dasgupta, Advocate, will be

entitled to withdraw the sum of Rs.5 lakh first from out of the sale

proceeds and make over the necessary instrument of payment in favour of Ramkrishna Sarada Mission Matri Bhawan. Thereafter the Special Officer will be at liberty to disburse the balance payment in accordance with the decision reflected in the minutes of the meeting held on January 15, 2011.

8. The Special Officer will stand discharged after the money is

disbursed and after making over a copy of the accounts to advocates

representing the present petitioners.

9. After making the donation but before making the other

disbursements, the Special Officer will retain a sum of Rs.50,000/- by way of her full and final remuneration.

10. ATA No. 1 of 2011 is disposed of without any order as to costs.

Urgent certified photocopies of this order, if applied for, be

supplied to the parties subject to compliance with all requisite formalities.


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