Skip to main content

Any Party To A Legal Proceeding Ought To Be Either Necessary Party Or Proper Party

In Janak Dilip Dwarkadas vs The Joint Charity Commissioner, Mumbai, Bai Kabibai and Hansraji Morarji Charity Trust entered into an agreement with a private developer to sell a piece of land owned by the trust in Ghatkopar. According to the said agreement, certain structures on the land were leased by the builders to the trust for a period of 99 years. Thereafter, the Charity Commissioner granted sanction for sale of the land in 1989.

Nine years later, the petitioner was inducted into the board of trustees of the said trust. In 2003, the structures on the said land leased out to the trust were surrendered by the trustees to the same developer. Thereafter a change report was filed before the Charity Commissioner who accepted the report and made requisite changes in the schedule of the properties of the trust.

In 2007, the petitioner resigned as a trustee and a change report notifying the same was accepted by the Charity Commissioner.

However, the 2003 order of the Charity Commissioner accepting the change report regarding the sale of certain structures to the developer was challenged and a revision application was filed in 2014. The applicant had added the petitioner’s name as a respondent in the application.

In 2015, the petitioner filed an application seeking discharge from the revision application on the ground that he had long ceased to be a trustee of the trust and was neither a necessary nor a proper party to the revision application. The Joint Charity Commissioner rejected the petitioner’s discharge application in 2016. This order was challenged by the petitioner in a writ petition before the high court.


Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Loss of earning capacity, and not percentage of disability, must decide compensation, says HC

While computing compensation claims of accident victims, the victim's loss of earning capacity shall outweigh the percentage/extent of his disability, the Madras high court has felt. Justice R Mahadevan, enhancing the compensation payable to an injured driver by Rs 2 lakh, said: "In cases for compensation, it is not the disability, which is partial or total, alone that matters, it is the loss in earning capacity as a result of accident that is to be considered." R Murali, driver of a mixed concrete vehicle, met with an accident in January 2009 and suffered injuries in hip, right leg and ankle. He claimed loss of 100% earning capacity and sought appropriate compensation along with 12% interest rate. However, as the disability certificate issued by a doctor pegged the percentage of his disability at 60%, the deputy commissioner of labour-II, awarded Rs 3.12 lakh as compensation, by fixing the monthly income at Rs 4,000. Aggrieved by the poor package, Murali filed the...
Post a Comment
Read more

Section 138 NI Act: Omission To Mention Nature Of Debt Or Liability In Notice Does Not Render It Invalid

In Crl.MC.No. 3289 of 2015, B.SURENDRA DAS vs STATE OF KERALA, the court was considering a petition seeking to quash the criminal proceedings on the ground that no demand for payment of the amount of the cheque was made by the complainant as per the notice sent by him and therefore, the notice is defective and the proceedings initiated against the accused pursuant to such notice cannot be sustained. The court observed that there is no statutory requirement that the complainant must specifically allege in the complaint that there was a subsisting liability. All the complainant has to do is to raise a demand for payment which is a notice to the debtor giving him time to pay but there is no format in which the notice is to be sent.
Post a Comment
Read more