Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
Absence of an express irrevocability or dissolution clause in a trust instrument does not render a public charitable trust revocable; the legal principle is that irrevocability arises by operation of law unless the instrument reserves an express power of revocation, and section 12AB does not mandate an explicit irrevocability clause for registration or renewal. A departmental online utility that compels a 'Yes' response in Form 10AB cannot be treated as furnishing false information; compelled answers must not be grounds for rejection, the utility and question wording must be amended, and affected applications redetermined accordingly.
Absence of an express irrevocability or dissolution clause in a trust instrument does not render a public charitable trust revocable; the legal principle is that irrevocability arises by operation of law unless the instrument reserves an express power of revocation, and section 12AB does not mandate an explicit irrevocability clause for registration or renewal. A departmental online utility that compels a 'Yes' response in Form 10AB cannot be treated as furnishing false information; compelled answers must not be grounds for rejection, the utility and question wording must be amended, and affected applications redetermined accordingly.
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