INSTITUTE INDO-PORTUGUESE Vs. THEOTONIO BORGES

JUDGEMENT

(1.) There is, in the City of Bombay, a Public Trust established and administered in the name of Institute:Indo-Portuguese. This institution is a juridical body created in the City under the Legislative Diploma No. 1066 dated 31-8-1939, issued by the governor-General of Portuguese India in the exercise of the powers conferred upon him by Articles 28 and 30 of the colonial Act and by Article 43 of the Ordinance of the Portuguese Colonial Empire. The object for which this institute appears to have been created is

(2.) It may be noted that this institute was registered as a public trust under the provisions of the Bombay Public Trusts Act, 1950. It appears that, at the time when it was so registered, the Managing Committee consisted of four members, who were Sergio D'Souza, Prince Lobo, T.V. Mascarenhas and J. Boadita, and the President was one B.G. Fonseca. After the institution was registered under the provisions of the Bombay Public Trusts Act, the names of the aforesaid four members of the Managing Committee and that of the President were entered in the register kept under Section 17 of the Bombay Public Trusts Act.

(3.) Sometime in June 1955, J. Boadita was deported out of India under the Foreigners Act, 1946 by reason of his pro-Portuguese political activities. Thereafter, Mr. Fonseca, the President gave a change report on 28-1-1956, stating that Mr. Leo Lawrence had been appointed member, and therefore his name be entered as such member in place of J. Boadita in the register maintained by the Charity Commissioner under Section 17 of the Bombay Public Trusts Act. The Deputy Charity Commissioner accepted the change suggested by the President Fonseca, and entered the name of Mr. Leo Lawrence in place of J. Boadita. Sometime in August or September 1956 the President Fonseca was himself deported under the Foreigners Act, 1946. Mr. Leo Lawrence, whose name, as I have already mentioned above, had been entered in the records of the Charity Commissioner as a member in place of J. Boadita, claimed that he was a member having been duty appointed, and after Fonseca was deported in September 1956, he was appointed President of the Institute on 5-9-1956.