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JAMIA MASJID AL-SIDDIQ vs PROVINCE OF SINDH Preamble & S — 2024 PLD 336 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLD 336 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLD
Parties
JAMIA MASJID AL-SIDDIQ vs PROVINCE OF SINDH Preamble & S
Subject matter
Constitutional
Provisions referred to
S. 3---R; S. 3; Religious Trusts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAMIA MASJID AL-SIDDIQ VS PROVINCE OF SINDH Preamble & S. 3---Registration of a trust---Scope---Petitioners applied to the office of (Trust) Directorate of Industries for the registration of a trust for construction, supervision etc. of a mosque ('the subject Trust') under the Charitable and Religious Trusts Act, 1920, claiming that the subject Trust was created for religious purpose, however, the same was refused---Petitioners invoked constitutional jurisdiction of the High Court against the said refusal asserting a right for registration of the subject Trust relying on S. 3 of the Charitable and Religious Trusts Act, 1920---Validity---Perusal of Charitable and Religious Trusts Act, 1920, reflects that the same is not a registering statute and does not contain any section providing for registration---Even from a plain reading of S. 3 of the Charitable and Religious Trusts Act, 1920, relied upon by the petitioners, it is apparent that the same is on a different plane as it does not have any nexus with the subject of registration, but merely provides certain remedies to the beneficiaries of a trust---Indeed, the very Preamble of the Charitable and Religious Trusts Act, 1920, reflects that its underlying purpose is "to provide facilities for the obtaining of information regarding trusts created for public purposes of a charitable or religious nature, and to enable the trustees of such trusts to obtain the directions of a Court on certain matters and to make special provision for the payment of the expenditure incurred in certain suits against the trustees of such trusts"---High Court viewed that the constitutional petition was misconceived and the same was dismissed in limine.

Other judgments reported in 2024 PLD

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