Shri Mallikarjun Devasthan, Shelgi vs Subhash Mallikarjun Birajdar 2024 INSC 339- Maharashtra Public Trusts Act, 1950 – Limitation

Limitation- Delay Condonation– it is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient cause is shown for such delay- (Para 19)- there should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay as Courts are not supposed to legalize injustice but are obliged to remove injustice. (Para 22)

Maharashtra Public Trusts Act, 1950 – What would be the consequence of a Change Report being submitted belatedly. In the event a new Vahiwatdar takes over a Trust and, be it for whatever reason, he fails to submit a Change Report within the stipulated period of 90 days, what would be the fallout thereof? The provisions of the Act of 1950 do not contemplate automatic invalidation of his assumption of office as the Vahiwatdar of the Trust in such a situation. Once a Trust is registered as a Public Trust under Section 18 of the Act of 1950, it becomes the statutory duty of the authorities concerned to maintain proper records in relation to such Trust, including the particulars of its Administrators and Trustees. The Change Report in that regard has to be filed before the authorities concerned to facilitate timely updating of records after hearing all the parties concerned, as the statute provides for objections being raised against a Change Report. Delay or failure in doing so would mean that the records would not stand updated promptly. Objectors to the changes in the Trust, if any, can always take recourse to the remedies provided under the Act of 1950, complaining of the failure or delay in the filing of a Change Report and the adverse consequences of such changes, if any. (Para 21)

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