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february 2000

Supreme Court of India · 2000-02-03

ABID HATIM MERCHANT vs JANAB SALEBHAI SAHEB SAIFUDDIN .

Citation / case number
SC 1994/76533
Court
Supreme Court of India
Petitioner
ABID HATIM MERCHANT
Respondent
JANAB SALEBHAI SAHEB SAIFUDDIN .
Author
A.P.MISRA U.C.BANERJEE
Bench
A.P.MISRA U.C.BANERJEE

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 trust's original objectives may require modification to align with contemporary secular values as mandated by the Constitution, particularly in light of Article 14, which ensures equality before the law. The Court emphasized that the cy-pres doctrine allows for the adaptation of charitable trusts when their original purpose becomes impractical, ensuring that the donor's intentions are honored as closely as possible.

ABID HATIM MERCHANT vs JANAB SALEBHAI SAHEB SAIFUDDIN . · Niyam