Court’s Power To Issue Directions For A Trust Not Independent Of Scheme Framed In Its Respect Under Section 92 CPC: Kerala High Court
Case: Rajeev v. The Sree Narayana Trusts
Coram: Justices P.B. Suresh Kumar and Johnson John
Case No.: Special Jurisdiction Case No.6 of 2023
Court Observation: “It is seen that it is taking the view that Clause 34 of the Scheme as it stood initially has unnecessarily led to enormous litigation which is not conducive for the satisfactory functioning of the trust under the Scheme and that it is unnecessary to enable anyone to approach this Court for interpreting or clarifying any of the provisions in the scheme, that this Court trimmed down the authority reserved with the court in terms of Clause 34 of the Scheme to issue directions.”
“A concurring opinion has to be construed as part of the order itself, and it has to be presumed that the Judge who delivered the order, agreed to the view expressed in the concurring opinion, for if the Judges mean to differ in their views, the order would not have been rendered at all on behalf of the Bench.”
“…the finality of the decree does not preclude the court settling the scheme from issuing directions for the effective functioning of the trust in the interest of the administration of the trust. But it has to be remembered that as the suit comes to an end when the decree is passed, the authority of the court to amend the scheme and to issue directions for the effective functioning of the trust is derived from the scheme itself and the court has no general power outside of or independent of the scheme in dealing with such matters”.
“The special jurisdiction case, in the circumstances, is not maintainable and the same is, accordingly, dismissed. It is, however, made clear that this order will not preclude the petitioners or any one of them from seeking appropriate amendments in the Scheme, so as to prevent the office bearers of the Trust from committing any act which would amount to breach of trust. It is also made clear that this order will not preclude the petitioners or any of them from seeking appropriate reliefs in appropriate proceedings in respect of the matters covered by this case.”
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Court’s Power To Issue Directions For A Trust Not Independent Of Scheme Framed, Kerala High Court
