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.