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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News Network
January 18,2025

Sullia, Jan 18: In a shocking incident, a man shot his wife dead during a fit of rage over a minor argument and later took his own life by consuming poison. The heartbreaking event unfolded late Friday night in Kodimajalu in Sullia taluk of Dakshina Kannada.

The accused, identified as Ramachandra Gowda alias Chandra (53), used his licensed firearm to commit the crime. His wife, Vinoda (43), tragically lost her life in the incident.

On the fateful night, Ramachandra reportedly started an argument with his family after dinner over a trivial matter. The heated exchange escalated, and in a fit of uncontrollable anger, he allegedly aimed his firearm at his elder son, Prashanth. Vinoda intervened to prevent the attack, attempting to wrest the gun from Ramachandra.

However, enraged by her intervention, Ramachandra turned the gun on Vinoda and shot her, leaving her dead on the spot. Overwhelmed by the gravity of his actions, he consumed acid, commonly used for rubber processing, to end his own life.

Based on Prashanth’s statement, a case has been registered at the Sullia police station. The tragic sequence of events has left the village in shock and mourning, raising concerns about the unchecked escalation of domestic disputes.

This devastating incident underscores the importance of addressing domestic tensions before they spiral into irreversible tragedies.

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News Network
January 14,2025

ashokavijayendra.jpg

Bengaluru: The BJP on Tuesday accused the police of "framing" an innocent person in the cow attack case in Chamarajapet here and demanded a fair investigation into the incident.

Sheikh Nasru (30), a native of Champaran in Bihar, has been arrested for allegedly slashing the udders of three cows on Sunday.

The matter escalated into a communal controversy after the saffron party threatened to observe 'Black Sankranti' if the culprits were not arrested before the festival.

The party has since emphasised that the actual perpetrators must be apprehended.

Addressing media here, BJP state president B Y Vijayendra said, "There are claims that an innocent man has been falsely implicated and is being projected as the culprit."

Leader of Opposition R Ashoka also raised doubts about the investigation, questioning how a mentally unstable man could work at the firm for a decade.

Ashoka noted that the incident occurred at the veterinary hospital, which spans four acres.

He alleged that the hospital was recently declared Waqf property and claimed that Karna, the owner of the injured cattle, had opposed the Waqf Board’s decision, suggesting this opposition might have led to the incident.

The party leaders led by Vijayendra and Ashoka celebrated 'Sankranti' by offering special prayers to cows at the spot where the attack took place.

Meanwhile, state Home Minister G Parameshwara dismissed the opposition charges and said the police were investigating the case without any bias.

"If the investigation reveals the involvement of more people, then police will not spare them," he told reporters here.

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News Network
January 6,2025

Bengaluru: An eight-month old baby has been detected with the human metapneumovirus (HMPV) in a Bengaluru hospital on Monday, with reports going viral online. This is likely the first reported case of HMPV in the country after the recent spike in China.

The baby is reportedly undergoing treatment in a private hospital in northern Bengaluru.

The Karnataka state health department has maintained that there is no cause for concern.

"We don't know what strain of virus is spreading in China. Without knowing that, we cannot say that this reported case is concerning. We have been reviewing all influenza-like illnesses (ILIs) from December to check for any strain that is concerning. There is no such concerning spike across the state or country," said a well-placed source in the state health department.

The HMPV is a known virus (first discovered in 2001) that causes respiratory symptoms similar to that of a common cold, largely affecting children below the age of five. It is not a new virus.

Cases have been reported in the past, especially in the winter season, note experts and health department officials, making it not an immediate concern, unless an unusual spike is observed.

In December 2024, 714 suspected cases of HMPV were tested in 16 Virus Research and Diagnostic Laboratories (VRDLs) across the country, of which only nine were confirmed positive.

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