CSI has no right to manage Basel Mission trust properties: HC

January 28, 2012

basel

Bangalore, January 28: In a judgment that will have far-reaching impact on the administration of church properties in Dakshina Kannada and Kodagu districts, the Karnataka High Court has declared that the Church of South India (CSI) and the CSI Trust Association have no right to manage the properties of the United Basel Mission Church in India (UBMC) – South Canara and Coorg.

Ruling that the CSI and its agencies/representatives were administering and managing about 1,500 properties of the UBMC in “breach of trust” and “without any legal right for the past about 40 years,” the High Court removed them from the control/trusteeship of these properties.

These properties include prominent church buildings, prayer halls, graveyards, schools, hospitals, theological seminary, hostels, homes for the poor, widows and sick, and residents for missionaries.

In its recent judgment, a Division Bench, comprising Justice N. Kumar and Justice A.N. Venugopala Gowda, also directed the CSI and its representatives to submit accounts of income and expenditure of these properties from the day they assumed the office of trustee of these properties, besides handing over the properties to the trustees to be appointed by the district court.

The Bench passed the verdict while allowing the pleas of Christopher Karkada and others (beneficiaries of the UBMC) claiming that these properties belong to the public, charitable and religious trust formed by the UBMC during pre-Independence, and transfer of absolute ownership of these properties to the CSI in the guise of merger of the UMBC with the CSI was illegal.

The Bench found that the UBMC had created the trust — UBMC Trust Association — in 1930s and transferred all properties to it. However, the UBMC in 1957 revoked the trust, and in 1972 the UBMC Trust Association itself was wound up. Meanwhile, the UBMC, in 1972, transferred the properties to the CSI Trust Association.

Public trust

While declaring the UBMC Trust Association as a “public trust,” the Bench held that the creator/author of a public trust had “no right to revoke the public trust” and hence the UBMC's action of revoking the UBMC Trust Association was null and void ab initio. Consequently, the Bench said, transfer of properties by the UBMC to the CSI Trust Association in 1970s also had no recognition in law and hence these transactions were null and void. The Bench turned down the contention of the CSI that it was a private trust.

The Bench also pointed out that the CSI and its agencies had alienated some of these properties when an interim order of the court prohibiting such alienation was in force and hence such alienation too had no recognition in law.

Breach of trust

“The CSI/CSI Trust Association is not entitled for possession of these properties…. They got into possession through documents having no legal recognition…and acting as trustees of properties. Because of the assertion of title in respect of the properties and alienating the properties belonging to the UBMC Trust Association, it committed breach of trust,” the Bench held.

The High Court also directed the district court in Mangalore to form a scheme for the proper administration and management of properties of the UBMC by appointing nine trustees as the UBMC Trust Association is not in existence now.

Meanwhile, on a request by the CSI, the Bench gave 90 days' time for implementation of the verdict to enable the CSI to file an appeal in the Supreme Court. However, during this period the CSI and its agencies cannot alienate any property.

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Agencies
March 26,2020

Madrid, Mar 26: More than three billion people around the world were living under lockdown on Wednesday as governments stepped up their efforts against the coronavirus pandemic which has left more than 20,000 people dead.

As the number of confirmed cases worldwide soared past 450,000, UN Secretary General Antonio Guterres warned that only a concerted global effort could stop the spread of the virus.

In Spain, the number of fatalities surpassed those of China, where the novel coronavirus first emerged three months ago, making it the hardest-hit nation after Italy.

A total of more than 20,800 deaths have now been reported in 182 countries and territories, according to an AFP tally.

Stock markets rebounded after the US Congress moved closer to passing a $2.2 trillion relief package to prop up a teetering US economy.

In Washington, President Donald Trump said New York, the epicenter of the US outbreak with over 30,000 cases, likely has a few "tough weeks" ahead but he would decide soon whether unaffected parts of the country can get back to work.

"We want to get our country going again," Trump said. "I'm not going to do anything rash or hastily.

"By Easter we'll have a recommendation and maybe before Easter," said Trump, who had been touting a strong US economy as he faces an election in November.

UN chief Guterres said the world needs to ban together to stem the pandemic.

"COVID-19 is threatening the whole of humanity -- and the whole of humanity must fight back," Guterres said, launching an appeal for $2 billion to help the world's poor.

"Global action and solidarity are crucial," he said. "Individual country responses are not going to be enough."

India's stay-at-home order for its 1.3 billion people is now the biggest, taking the total number of individuals facing restrictions on their daily lives to more than three billion.

Anxious Indians raced for supplies after the world's second-biggest population was ordered not to leave their houses for three weeks.

Russia, which announced the death of two patients who tested positive for coronavirus on Wednesday, is expected to follow suit.

President Vladimir Putin declared next week a public holiday and postponed a public vote on controversial constitutional reforms, urging people to follow instructions given by authorities.

In Britain, heir to the throne Prince Charles became the latest high-profile figure to be infected, though he has suffered only mild symptoms.

The G20 major economies will hold an emergency videoconference on Thursday to discuss a global response to the crisis, as will the 27 leaders of the European Union, the outbreak's new epicenter.

China has begun to relax its own draconian restrictions on free movement in the province of Hubei -- where the outbreak began in December -- after the country reported no new cases.

Crowds jammed trains and buses in the province as people took their first opportunity to travel.

But Spain saw the number of deaths surge to more than 3,400 after 738 people died in the past 24 hours and the government announced a 432-million-euro ($467 million) deal to buy medical supplies from Beijing.

The death toll in Italy jumped in 24 hours by 683 to 7,503 -- by far the highest of any country.

The number of French deaths was up by 231 on Wednesday to more than 1,330, and metro and rail services in Paris were cut to a minimum.

Spain and Italy were joined by France and six more EU countries in urging Germany and the Netherlands to allow the issue of joint European bonds to cut borrowing costs and stabilise the eurozone economy.

The call is likely to fall on deaf ears when EU leaders talk on Thursday -- with northern members wary of pooling debt with big spenders -- but they will sign off on an "unprecedented" recovery plan.

At La Paz University Hospital in Madrid, nurse Guillen del Barrio sounded bereft as he related what happened overnight.

"It is really hard, we had feverish people for many hours in the waiting room," the 30-year-old told AFP.

"Many of my colleagues were crying because there were people who are dying alone, without seeing their family for the last time."

Coronavirus cases are also spreading in the Middle East, where Iran's death toll topped 2,000, and in Africa, where Mali declared its first case and several nations announced states of emergency.

In Japan, which has postponed this year's Olympic Games, Tokyo's governor urged residents to stay home this weekend, warning of a possible "explosion" of the coronavirus.

Jerusalem's Church of the Holy Sepulchre, believed by Christians to house Christ's tomb, was shut as Israel tightened movement restrictions.

The impact of the pandemic is also hitting European football, with leagues and tournaments cancelled, while the fate of the Wimbledon tennis tournament could be decided next week.

The economic damage of the virus -- and the lockdowns -- could also be devastating, with fears of a worldwide recession worse than the financial meltdown more than a decade ago.

But financial markets rose after US leaders reached agreement on a stimulus package worth roughly 10 percent of the US economy, an injection Senate Majority Leader Mitch McConnell said represented a "wartime level of investment."

Meanwhile, more than half of all Americans have been told to stay at home, including residents of the largest state, California.

The United States has at least 65,700 cases and 942 people have died.

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News Network
March 2,2020

Bengaluru, Mar 2: BJP leader and Karnataka cabinet minister BS Sriramulu's daughter Rakshita's wedding will take place with Sanjeev Reddy here on March 5. The nine-day function will cost crores of rupees.

For the wedding, decorations and arrangements are being done at Sriramulu's home here.

The reception will take place in Bengaluru Palace Ground on March 5.

"I couldn't invite you all in person but I tried to welcome you all. Through the media, I am again inviting you all. We are not performing a pretentious wedding. I invite you all on March 5 at Palace Ground," Sriramulu said.

After BJP leader Janardhan Reddy's daughter's marriage in Bengaluru Palace Ground, the marriage of Sriramulu's daughter is being considered one of the costliest marriages in Karnataka's history.

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News Network
March 24,2020

Bengaluru, Mar 24: The usually busy and bustling city of Bengaluru wore a deserted look on Tuesday as Karnataka went into total lockdown, with the exception being the emergency services, to contain the spread of the coronavirus.

Karnataka Chief Minister BS Yediyurappa on Monday had announced a complete lockdown in the state till April 1.
"In the wake of the coronavirus outbreak, the entire state will be locked down from 12 am of March 23 to April 1. People are requested to strictly follow it to contain the coronavirus spread," Yediyurappa said.
Earlier, the Karnataka government had ordered the suspending of all public and private transport services.
According to the Ministry of Health and Family Welfare, the total number of positive cases of COVID-19 in India have risen to 491.

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