Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Jan-3

Sri Aurobindo Ashram Trust & Ors. Vs. R. Ramanathan & Ors.

Head Note

The Code of Civil Procedure, 1908  - Section 92

Public Trust - Removal of Trustee - Suit for - Leave to sue - Revocation of leave - Application for - Plaintiffs/respondents highlighted the failure of the appellants to take action against the availability of the objectionable book and against the author - Issue whether the book is objectionable or not, whether it deserves to be proscribed or not, whether it violates the provisions of Section 153-A or Section 295-A IPC has yet to be determined by the High Court - Until that determination is made, it would be premature to expect the appellants to take any precipitate action in the matter against the author - The best that the appellants could have done under the circumstances was to make it clear whether they have anything to do with the objectionable book or not - High Court has noted quite explicitly that the appellants have not sponsored the book nor was it published under the aegis of the Aurobindo Ashram - Appellants have also expressed displeasure with the contents of the objectionable book through the communication of 11th November, 2008 - Held that the appellants have done what could reasonably be expected of them in relation to the objectionable book, pending a determination by the High Court - Findings of the High Court that the failure of the appellants to take the initiative in banning the objectionable book gives rise to a cause of action for the removal of the trustees of the Trust and settling a scheme for its administration not agreed to - Impugned judgment and order of the High Court liable to be set aside the application filed by the appellants for revocation of leave allowed.

Topic(s)-Public Trust - Removal of Trustee - Revocation of leave allowed







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