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 13,2025

Udupi: A resident of Karkala in Udupi district has accused five individuals of defrauding him of nearly Rs 2 crore under the guise of business partnerships.

Dawood Hakim, a resident of Ennehole in Marne village, Karkala, has filed a complaint stating that he operated a mobile sales and service business on Karkala Market Road for 15 years. He had known the accused for over two decades and trusted them implicitly.

According to Dawood, the accused convinced him to invest in multiple business ventures, including land dealings and a travel business, promising substantial returns and partnership benefits. Believing their assurances, Dawood reportedly handed over cash, gold, and a vehicle.

However, the promised profits never materialized, and the accused allegedly failed to return the money or assets. Dawood claims this deception has caused severe financial distress to him and his family, amounting to a loss of around Rs 2 crore.

A case has been registered at the CEN police station, and investigations are underway.

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News Network
January 17,2025

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Bengaluru: External Affairs Minister S Jaishankar asserted on Friday that the opening of "long-in-waiting" US consulate in Bengaluru was the "very important milestone" in the bilateral ties and urged the American authorities to ensure that the mission starts visa operations at the earliest.

"This will be my number one talking point with Secretary (of State Nominee Marco) Rubio when I go and see him. The sooner we get it done, the better it is," said Jaishankar.

The External Minister was in Bengaluru today to attend the "site dedication ceremony" of the fifth United States consulate in India, which will start operating in Bengaluru soon.

Delivering his speech, Eric Garcetti, US Ambassador to India, said the consulate in Bengaluru will not be offering visa services for the time being.

In his speech, Jaishankar pointed to statistics to nudge the US to get around to issuing visas from Bengaluru as early as possible.

"I was checking figures, and was very glad to see that last year, the RPO (Regional Passport Office) Bengaluru issued 8,83,000 passports. That's just for one year. Do the math, and you will see how important it is to ensure that travel is smooth," added Jaishankar.

He also added that there are three flights every week from here to San Francisco. "Hopefully, if Boeing and Airbus deliver, there'd be more. I think that's a legitimate expectation," said Jaishankar.

Jaishankar said a US consulate in Bengaluru has been "long-in-waiting".

"One, which I believe, Bengaluru legitimately deserved and expected," he added.

"I think Bengaluru has such an important place that it was for me an imperative that there is a permanent resident presence of American diplomats here," said Jaishankar.

He also said every time he had visited the city in the last five years, there was always somebody who would ask him, 'so, when is that consulate coming?'.

"It was from, really, I would say, the cross section of the society. It was from businessmen; it was from the tech world; it was from academics. It was even from people you would meet in a restaurant," added Jaishankar.

According to him, Prime Minister Narendra Modi in June 2023 had brought up the issue of opening a consulate in Bengaluru when he visited the US.

He also said India had promised to open a consulate in Los Angeles if the United States "get the Bengaluru consulate done". He said now, with the opening of the consulate, collaborations in defence and education would reach new heights.

"I think the formal opening of this consulate is one more sign that we are overcoming the hesitations of history. It is now within our grasp, within the realm of possibility, that we realise more fully the potential of India-US relations. And I think it is important that Bengaluru too realises its potential in the relationship," said Jaishankar.

In his address, US Ambassador Garcetti, who would be relinquishing his responsibility in India soon, said he was glad that getting a consulate up and running in Bengaluru would be his last task in India.

"You know, our relationship in India is not new. Our second consulate in the world was here in India. After the independence of a new America in 1776, we opened a consulate in Lyon, France, and then the second was in Kolkata, showing, back then, the importance of India to a new American nation," said Garcetti.

India, said Garcetti, is now the second largest mission of America anywhere in the world.

"It produces the second most visas, the most students we're breaking records every single year '“record employees, record visas, record students, record military exercises, record engagement from the seabed to space," added Garcetti.

Deputy Chief Minister D K Shivakumar, who was also present during the "site dedication ceremony" said the opening of the consulate in Bengaluru is a testament to the growing importance of Karnataka in the global stage.

"Nowadays, the world is looking at India through Bengaluru. We know there are a lot of hiccups there, as Bengaluru is not a well-planned city. But still the city has proved itself to be the safest city in the entire country for the global firms to have their headquarters," said Shivakumar.

Other dignitaries present for the ceremony include MP Tejasvi Surya, Karnataka's Minister for Large & Medium Industries and Infrastructure Development M B Patil, Minister for IT & BT Priyank Kharge.

Several entrepreneurs from the city, including Kiran Mazumdar-Shaw, executive chairperson and founder of Biocon Limited and Biocon Biologics Limited, had also attended the 'site dedication ceremony'.

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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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