Charu Kishore Mehta Vs. Joint Charity Commissioner & Ors.
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Head Note
The Indian Trusts Act, 1882 - Section 36-A , Section 46 , Section 47
Bombay Public Trust Act, 1950 - Section 4D - Appellant who is a permanent trustee filed an application before Joint Charity Commissioner(JCC) that respondent Nos.2 to 9 have allegedly continuously neglected their duties and have committed malfeasance by acting in breach of trust with respect to the Trust properties and they have also misappropriated and improperly dealt with the properties of the Trust - JCC based on facts and evidence on record that the guilt of respondent Nos. 2 to 9 are not proved and has also held that they are negligent for only delegating their powers and functions to the Managing Trustee, deceased 'V' but the charges levelled against them are not proved as they are not responsible for the alleged transactions, therefore, there is no complicity on the allegations made against them - High Court rightly concurred with the findings of the JCC.
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