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february 2000

Supreme Court of India · 2000-02-03

Abid Hatim Merchant vs Janab Salebhai Saheb Shaifuddin & Ors

Citation / case number
AIR 2000 SUPREME COURT 899
Court
Supreme Court of India
Petitioner
Abid Hatim Merchant
Respondent
Janab Salebhai Saheb Shaifuddin & Ors
Bench
U.C.Banerjee, A.P.Misra

Judgment text excerpt

The Supreme Court addressed the applicability of the cy-pres doctrine in the context of a charitable trust established by Sir Adamji Peerbhoy for the Dawoodi Bohra Community in 1883. The Court held that the original charitable intentions of the donor must be preserved while adapting the trust's objectives to align with contemporary secular values as mandated by the Constitution. The Court affirmed that the cy-pres doctrine allows for modifications to a trust when the original purpose becomes impractical, ensuring that the trust continues to serve a charitable purpose in accordance with modern constitutional principles.

Abid Hatim Merchant vs Janab Salebhai Saheb Shaifuddin & Ors · Niyam