Court allows amendment in trust records without affecting ongoing compliance disputes.
In a significant ruling, the Bombay High Court has permitted the correction of the date of a trust meeting from January 20, 2016, to January 21, 2016, based on contemporaneous evidence. This correction was sought in the records of a trust involving Dr. Trimbak V. Dapkekar and Padmashree Dr. Sharad M Hardikar, among others.
The judgment, delivered by Justice Somasekhar Sundaresan, focused on the evidentiary support for the corrected date, which included minutes of subsequent meetings and affidavits. The court emphasized that this amendment does not prejudice the merits of the ongoing case concerning procedural compliance or governance requirements.
The petitioner, Dr. Trimbak V. Dapkekar, challenged an order from the Joint Charity Commissioner, Pune, dated March 19, 2024, which initially refused the correction. The petitioner argued that the meeting, which accepted the retirement of a trustee, was indeed held on January 21, 2016, contrary to the records showing January 20, 2016.
Justice Sundaresan noted multiple indicators from the record, including the minutes of the meetings and affidavits, which supported the January 21 date. The court clarified that this decision to correct the date was solely based on the available evidence and would not impact the substantive issues regarding the meeting's procedural compliance.
Furthermore, the court reminded the parties of the Supreme Court's ruling in Balaji Raghavan/S.P. Anand v. Union of India (1996) regarding the misuse of civilian awards as titles. The judgment reiterated that awards like Padmashri should not be used as prefixes or suffixes to names, ensuring compliance in legal proceedings.
This ruling highlights the judiciary's role in maintaining the accuracy of official records while ensuring that procedural and governance issues are addressed on their merits.
Bottom Line:
Correction of the date of a meeting in trust records allowed based on contemporaneous evidence without prejudicing the merits of the case regarding procedural compliance or governance requirements.
Statutory provision(s): Trust Law, Constitution of India, Article 141
Dr. Trimbak V. Dapkekar v. Padmashree Dr. Sharad M Hardikar, (Bombay) : Law Finder Doc Id # 2826961
