LAXMAN BALWANT BHOPATKAR Vs. CHARITY COMMISSIONER BOMBAY

JUDGEMENT

(1.) This is an appeal on a certificate of fitness granted by the High Court of Bombay under Art, 133 (1)(b) and (c) of the Constitution, and the question raised for consideration is whether the "Kesari and Mahratta Trust" of which the appellants are the Trustees was or was not a "public Trust" within the meaning of the Bombay Public Trusts Act (Act XXIX of 1950) which it will be convenient to refer to as the Act.

(2.) The Act which by its long title was enacted "to regulate and to make better provision for the administration of public, religious and charitable Trusts in the State of Bombay" came into force on August 14, 1950. Section 18 of the Act enacted:

(3.) Section 70 of the Act provides for appeals being filed against findings recorded and orders passed under S. 20 by Assistant Charity Commissioners, to the Charity Commissioner, and the trustees availed themselves of this remedy and repeated their contentions before the Charity Commissioner. The appellate-authority, however, reached the some conclusion as the Assistant Charity Commissioner and dismissed the appeal. Section 72 of the Act enables a party aggrieved by the decision of the Charity Commissioner under S. 70 on the question "whether a trust exists and whether such trust is a public trust" to apply to the Court to set aside the said decision. The trustees moved the Court under this provision but this application was dismissed by the learned District Judge, Poona. It was from this judgment of the learned District Judge that the trustees filed an appeal to the High Court of Bombay who also dismissed the appeal but granted the certificate which has enabled the present appeal to be filed.