{"id":106057,"date":"1999-08-13T00:00:00","date_gmt":"1999-08-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999"},"modified":"2018-09-30T14:17:00","modified_gmt":"2018-09-30T08:47:00","slug":"nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","title":{"rendered":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999<\/div>\n
Author: Pattanaik<\/div>\n
Bench: S.Saghir Ahmad, G.B.Pattanaik<\/div>\n
           PETITIONER:\nNAGPUR IMPROVEMENT TRUST\n\n\tVs.\n\nRESPONDENT:\nYADAORAO JAGANNATH KUMBHARE & 10 ORS.\n\nDATE OF JUDGMENT:\t13\/08\/1999\n\nBENCH:\nS.Saghir Ahmad, G.B.Pattanaik\n\n\n\n\nJUDGMENT:\n<\/pre>\n
PATTANAIK, J.\n<\/p>\n
      These  appeals  by  the Nagpur Improvement  Trust\t are
\ndirected  against the judgment of the Division Bench, Bombay
\nHigh  Court  in\t Writ  Petition No.  781 of  1988  and\tWrit
\nPetition  No.\t1945  of 1989.\tBy the said  judgment  under
\nchallenge,  the High Court has quashed the promotion of\t the
\nprivate\t   respondents\t to    the    post   of\t   Assistant
\nEngineer(Civil),  inter-alia,  on the ground that there\t has
\nbeen  no  rules\t framed by the State Government\t to  promote
\npeople\tin  the\t technical line and in the absence  of\tsuch
\nrule,  it  is  not possible for the Trust\/Board\t to  appoint
\npeople\teither on the basis of any decision of the Board  or
\nunder any executive instructions evolved by the Board.\n<\/p>\n
      The  private  respondents moved the High\tCourt  under
\nArticle\t 226N of the Constitution alleging that the posts of
\nEngineering  Supervisor\t and  Assistant Engineer  under\t the
\nBoard  are required to be filled up by promotion from  among
\nthe  Junior  Engineers.\t It was also alleged that the  Trust
\nhad  issued  an\t advertisement\tin the\tyear  1981  inviting
\napplications  for the post of Assistant Engineer laying down
\nDegree\tin Civil Engineering with three years’ experience as
\nthe eligibility criteria.  This eligibility clause was later
\non  dispensed with by subsequent advertisement dated 1st  of
\nAugust\t1982  and people could be appointed with  sufficient
\nexperience.   It  was alleged that there being no  statutory
\nrules providing the criteria for promotion, appointments are
\nbeing  made on the whims of the Trust and such appointments,
\ntherefore,  need not be sustained.  A further grievance\t had
\nbeen  made that the draughtsmen who were not eligible to  be
\npromoted to the post of Assistant Engineer, the Trust by its
\nresolution  dated 30th of December 1986 equated the post  of
\nDraughtsman  with  the Engineering Supervisor and made\tthem
\neligible  for  promotion and such resolution  was  motivated
\none,  designed to confer benefit to some particular  persons
\nand  as\t such  should  be quashed by the  High\tCourt.\t The
\nTrust\/Board  entered  appearance in the High Court and\ttook
\nthe  stand that when the State Government has not framed any
\nrules in exercise of power under Section 21 of the Act, then
\nthe  Trust\/Board on whom the control and management entirely
\nvests  can  certainly  make appointments and  promotions  to
\ndifferent  posts  and as such appointments  bonafidely\tmade
\ncannot\tbe  interfered\twith by the High  Court.   The\tHigh
\nCourt,\thowever, on consideration of the submissions made by
\nthe  rival parties came to the conclusion that under Section
\n21  of\tthe  Act,  it is the mandatory\tduty  of  the  State
\nGovernment to frame rules prescribing conditions under which
\nappointments  can  be  made  to the  post  under  the  Trust
\nrequiring  professional\t skill\tand in the absence  of\tsuch
\nrules, the Trust is not empowered to make any appointment to
\nsuch  posts.   Since admittedly, no rules have been  framed,
\nthe  appointments to the post of Assistant Engineer made  by
\nthe Trust are invalid and accordingly such appointments were
\nquashed.\n<\/p>\n
      Learned\tcounsel\t appearing  for\t  the  appellant   –
\nTrust\/Board  contends that the view taken by the High  Court
\nin  interpreting  the provisions of the Trust Act is  wholly
\nunsustainable  and  such  interpretation   will\t create\t  an
\nadministrative\tchaos in managing the affairs of the  Trust.
\nHe, however, contended that in the service jurisprudence, it
\nis  an\taccepted rule that in the absence of  any  statutory
\nrules,\tthe administrative instructions operate in the field
\nand,  therefore, so long as there has been no rule framed by
\nthe  State Government in exercise of power under Section  21
\nof the Act, the Trust\/Board would be fully empowered to make
\nappointments to different posts by the decision of the Board
\nand  such decisions cannot be found fault with.\t The learned
\ncounsel\t further contended that there has been no finding by
\nthe  High  Court that the resolution of the Board  providing
\ncriteria  for appointment to the post of Assistant  Engineer
\nand  the ultimate decision of the Board appointing Assistant
\nEngineer  are either for an extraneous consideration or have
\nbeen  malafidely taken and in that view of the matter,\tsuch
\ndecision  should operate and the appointments made  pursuant
\nto such decision should not have been interfered with by the
\nHigh  Court  in exercise of its\t discretionary\tjurisdiction
\nunder Article 226 of the Constitution of India.\n<\/p>\n
      Learned  counsel for the respondents on the other hand
\nargued\twith  vehemence that so long as no rules  have\tbeen
\nframed\tby the State Government under Section 21 of the Act,
\nit  was\t not  possible\tfor  the  Trust\/Board  to  make\t any
\nappointment  to\t different  posts and, therefore,  the\tHigh
\nCourt was fully justified in quashing such appointments.\n<\/p>\n
      To   appreciate\tthe  correctness    of\t the   rival
\nsubmissions,  it would be necessary to examine the  relevant
\nprovisions  of\tthe  Trust Act and to find out\twhether\t the
\nconclusion  arrived  at by the High Court is  in  accordance
\nwith  law.   The  Nagpur Improvement Trust Act, 1936  is  in
\noperation ever since its promulgation and has been operative
\nin  the field for more than 60 years.  Section 21 of the Act
\nconferring the power on the State Government to frame rules,
\nreads thus:\n<\/p>\n
      “1(1)  Subject to rules as the [State] Government may
\nmake  prescribing the conditions under which members of\t the
\nstaff\tappointed   by\tthe   Trust  to\t offices   requiring
\nprofessional skill may be appointed, suspended or dismissed,
\nthe  Trust may from time to time fix the number and salaries
\nof  such  permanent servants as it may think  necessary\t and
\nproper to assist in carrying out the purposes of this Act:\n<\/p>\n
      Provided\tthat  the  Trust   may,\t with  the  previous
\nsanction   of  the  [State]   Government  appoint  a  person
\npossessing professional skill on a short term contract for a
\nperiod not exceeding five years.\n<\/p>\n
      (2)  The\tChairman may in cases of  emergency  appoint
\nsuch  temporary\t servants as may in his opinion be  required
\nfor  the  purposes  of\tthis Act, and may  direct  that\t the
\nsalaries  of such temporary servants fixed as the  emergency
\nmay require shall be paid from the Trust fund:\n<\/p>\n
      Provided that<\/p>\n
      (i)  He  shall  not  act under this  sub-\t section  in
\ncontravention  of  any\torder of the Trust  prohibiting\t the
\nemployment  of\ttemporary servants for any particular  work,
\nand<\/p>\n
      (ii)  every  appointment made under  this\t sub-section
\nshall  be  reported  at the next following  meeting  of\t the
\nTrust.”\n<\/p>\n
      Section 22 conferring the power on the Chairman of the
\nBoard in certain cases and in the Trust\/Board itself in some
\nother  cases  is  quoted  herein  below\t in  extenso:\t“2.
\nSubject to the provisions of Section 21 and to any rules for
\nthe  time being in force, the power of appointing, promoting
\nand  granting  leave to officers and servants of the  Trust,
\nand  reducing, suspending or dismissing them for misconduct,
\nand dispensing with their services for any reason other than
\nmisconduct, shall be vested ”\n<\/p>\n
      (a) in the case of officers and servants whose monthly
\nsalary\tdoes not exceed one hundred and fifty rupees, in the
\nChairman, and<\/p>\n
      (B) in other cases, in the Trust:\n<\/p>\n
      Provided\tthat any officer or servant in receipt of  a
\nmonthly\t salary\t exceeding  fifty  rupees  who\tis  reduced,
\nsuspended,  or\tdismissed by the Chairman may appeal to\t the
\nTrust, whose decision shall be final.”\n<\/p>\n
      The  management  of  the\tTrust itself  vests  on\t the
\nTrust\/Board.   Various provisions in the Act, however,\tmake
\nit  clear  that\t the State  Government\texercises  effective
\ncontrol\t over  the affairs of the Trust\/Board.\tThe  control
\nwhich the State Government exercises over the affairs of the
\nTrust\/Board  is\t apparent from the provisions of Section  25
\nitself,\t which reads as under:\t“25.  (1) The Chairman shall
\nforward\t to  the [State]Government a copy of the minutes  of
\nthe proceedings of each meeting of the Trust within ten days
\nfrom  the  date on which the minutes of the  proceedings  of
\nsuch  meeting  were signed, as prescribed in clause  (g)  of
\nsub-section (1) of Section 16.\n<\/p>\n
      (2)  If the [State] Government so directs in any case,
\nthe  Chairman shall forward to it a copy of all papers which
\nwere laid before the Trust for consideration at any meeting.\n<\/p>\n
      (3) The [State] Government may require the Chairman to
\nfurnish with<\/p>\n
      (a)  any\treturn, statement, estimate,  statistics  or
\nother  information regarding any matter under the control of
\nthe Trust, or<\/p>\n
      (b) a report on any such matter, or<\/p>\n
      (c)  a  copy  of\tany document in the  charge  of\t the
\nChairman.\n<\/p>\n
      The  Chairman shall comply with every such requisition
\nwithout unreasonable delay.”\n<\/p>\n
      Even  under  Section  24(c) of the Act, if  the  State
\nGovernment  is of the opinion that the duties imposed on the
\nTrust  has  not been performed or has been performed  in  an
\nMmperfect  manner, then the State Government may direct\t the
\nTrust to make arrangements for the proper performance of the
\nduties\tor  to take such measure as may be specified by\t the
\nState  Government.   In view of the aforesaid provisions  in
\nthe  Act,  the\tconclusion is irresistible  that  the  State
\nGovernment  exercises effective control over the affairs  of
\nthe  Board  including  in  the\tmatter\tof  appointments  to
\ndifferent  posts, if made by the Board under its resolution.
\nIt  is, no doubt, true that under Section 21 of the Act, the
\nState  Government is required to make rules prescribing\t the
\nconditions  under  which  members  of  the  staff  requiring
\nprofessional  skill  could be appointed by the\tTrust.\t But
\nwhen  the State Government has not made any such rules\teven
\nif  the\t rules can be held to be of mandatory nature as\t has
\nbeen  held  by\tthe  High Court, then  it  is  difficult  to
\ncomprehend that the Board is denuded of its general power of
\nappointing  and\t promoting  people  to\tdifferent  posts  as
\nprovided  under\t Section 22 of the Act.\t If the view of\t the
\nHigh  Court  under  the\t impugned judgment is  taken  to  be
\ncorrect\t then all appointments to different posts ever since
\n1936 have to be held to be invalid inasmuch as no rules have
\nbeen framed by the State Government in exercise of the power
\nunder  Section\t21  of\tthe  Act.   While  interpreting\t the
\nprovisions of Section 21 of the Act, the High Court has lost
\nsight of the general principle of service jurisprudence that
\nin  the absence of any statutory rules governing the service
\nconditions  of\tthe  employees, the  executive\tinstructions
\nand\/or decisions taken administratively would operate in the
\nfield  and appointments\/promotions can be made in accordance
\nwith  such executive instructions\/administrative directions.
\nIn  this view of the matter and concededly, no rules  having
\nbeen  framed  by the State Government in exercise  of  power
\nunder  Section\t21  of the Act, the  Trust\/Board  was  fully
\nempowered  to take administrative decisions in the matter of
\nappointments and promotions to different posts including the
\nposts  requiring  professional\tskill and  consequently\t the
\nresolution of the Board taken in accordance with sub-section
\n(2)  of\t Section  22  of the Act  deciding  to\tpromote\t the
\nemployees  to the post of Assistant Engineer cannot be\tsaid
\nto be invalid or inoperative.  The High Court, therefore, in
\nour view fell in error to hold that the appointments made to
\nthe  posts of Assistant Engineer are invalid in law.  It was
\nalso  brought  to our notice that by notification dated\t 3rd
\nAugust\t1937,  a rule had been framed in exercise  of  power
\nunder  Section 89(1)(c) of the Nagpur Improvement Trust\t Act
\nwhich  clearly\tindicated  that\t except\t  for  the  post  of
\nExecutive  Officer,  Trust Engineer, Valuation Officer,\t the
\npower  of Trust under Section 22 to appoint persons to posts
\nrequiring  professional\t skill remain unaffected.  The\tsaid
\nnotification is quoted in extenso:- “No.  7600-1302-M-XIII.-
\nIn  exercise  of  the  powers conferred\t by  clause  (c)  of
\nsub-section  (1)  of  Section 89 of the\t Nagpur\t Improvement
\nTrust  Act, 1936 (C.P.\tAct XXXVI of 1936), the Governor  of
\nthe  Central  Provinces\t and Berar is pleased  to  make\t the
\nfollowing  rules as to the conditions on which officers\t and
\nservants  of  the  Trust   appointed  to  offices  requiring
\nprofessional skill may be appointed, suspended or dismissed:\n<\/p>\n
– RULES<\/p>\n
      1.   In  the case of the officers specified  below  no
\npost shall be created or abolished, and no alteration in the
\nemoluments thereof shall be made without the approval of the
\nProvincial Government, and every appointment to or dismissal
\nfrom  any  of the undermentioned posts shall be\t subject  to
\nconfirmation by the Provincial Government:-\n<\/p>\n
      (1)  Executive  Officer.\t (2)  Trust  Engineer.\t (3)
\nValuation Officer.\n<\/p>\n
      2.   Subject  to the provisions of section 22  of\t the
\nAct,  the  power  of  appointment  to  dismissal  from,\t and
\nfixation  of  the  emoluments of all other  posts  requiring
\nprofessional skill shall be vested in the Trust.”\n<\/p>\n
      The  aforesaid notification fully supports our earlier
\nconclusion  that Trust Board would appoint persons to  posts
\nrequiring  professional\t skill by evolving principle  or  by
\nspecific  resolution.  Besides, notwithstanding power having
\nbeen   conferred   upon\t the   State  Government  to   issue
\nappointments  direction on getting the copy of resolution by
\nthe  Board, no such direction having been given, it must  be
\nassumed\t that  the  State Government also  never  found\t the
\nresolution  promoting respondent No.  3 and 5 to the post of
\nAssistant  Engineer  to be invalid in any manner.   In\tthis
\nview  of the matter, the part of the direction quashing\t the
\nappointments  made  in\tfavour of the respondents  3  and  5
\nbefore\tthe  High  Court is set aside and we hold  that\t the
\nappointments  of  those\t two  respondents  to  the  post  of
\nAssistant  engineer  made by the Board by its resolution  is
\nvalid  in law.\tThe direction of the High Court to the State
\nGovernment to frame rules in exercise of power under Section
\n21  of the Act, however, is not being interfered with and is
\nupheld.\t We make it clear that until rules are framed by the
\nState  Government  there would be no fetter on the power  of
\nthe  Board  to make appointments in accordance with  law  by
\ntaking\tappropriate decisions.\tBut this conclusion of\tours
\ndoes  not,  in any manner, dilute the direction of the\tHigh
\nCourt to State Government to frame rules under Section 21 of
\nthe  Act.  The appeals are accordingly allowed to the extent
\nindicated above.  There will be no order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999 Author: Pattanaik Bench: S.Saghir Ahmad, G.B.Pattanaik PETITIONER: NAGPUR IMPROVEMENT TRUST Vs. RESPONDENT: YADAORAO JAGANNATH KUMBHARE & 10 ORS. DATE OF JUDGMENT: 13\/08\/1999 BENCH: S.Saghir Ahmad, G.B.Pattanaik JUDGMENT: PATTANAIK, J. These appeals by the Nagpur Improvement Trust are […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-106057","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nNagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"1999-08-12T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-09-30T08:47:00+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"12 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999\",\"datePublished\":\"1999-08-12T18:30:00+00:00\",\"dateModified\":\"2018-09-30T08:47:00+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\"},\"wordCount\":2323,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Supreme Court of India\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\",\"name\":\"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"1999-08-12T18:30:00+00:00\",\"dateModified\":\"2018-09-30T08:47:00+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","og_locale":"en_US","og_type":"article","og_title":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"1999-08-12T18:30:00+00:00","article_modified_time":"2018-09-30T08:47:00+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"12 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999","datePublished":"1999-08-12T18:30:00+00:00","dateModified":"2018-09-30T08:47:00+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999"},"wordCount":2323,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Supreme Court of India"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","url":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999","name":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 ... on 13 August, 1999 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"1999-08-12T18:30:00+00:00","dateModified":"2018-09-30T08:47:00+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/nagpur-improvement-trust-vs-yadaorao-jagannath-kumbhare-10-on-13-august-1999#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Nagpur Improvement Trust vs Yadaorao Jagannath Kumbhare & 10 … on 13 August, 1999"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/106057","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=106057"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/106057\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=106057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=106057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=106057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}