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Supreme Court of India 2016-01-05 allowed

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

Bench: 2 — Madan B. Lokur

In Brief

Sri Aurobindo Ashram trustees were sued under Section 92 of the CPC for allegedly breaching their duties by failing to condemn and ban a controversial biography of Sri Aurobindo written by an ashram resident. The High Court upheld leave to sue, finding the suit maintainable. The Supreme Court allowed the appeal, holding that trustees possess wide discretion in managing charitable trusts. Since the trustees had not published the book and had expressly dissociated themselves from it, their mild reaction (rather than aggressive condemnation) did not constitute a breach of trust. Failure to take the initiative in banning a critical book does not fall within trust administration, and until a competent court determines whether the book is objectionable, trustees cannot be faulted for not acting precipitously against it or its author.

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Trust Law Civil Procedure Religious Institutions Breach of Trust Trustee Removal

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