1962 (8) TMI 102

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....o appeal against the decision of the District Court. He relies upon Sections 18 to 22 and 70 of the Bombay Public Trusts Act, 1950. 2. Section 18 requires a trustee to make an application for registration of the trust. Section 19 casts a duty upon the Assistant Charity Commissioner or Deputy Charity Commissioner of deciding matters enumerated in Section 19 either on an application or on his own motion. The matters to be decided are whether a trust exists and whether it is a public trust, whether any property is the property of such trust, the names and addresses of the trustees and manager of such trust, the mode of succession to the office of the trustee of such trust, the origin, nature and object of such trust, etc. Section 20 requires ....

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....ing due regard to the purpose of the Act, i.e. it having been passed for the public good, it is the duty of the Courts of justice to put such a construction upon it as may tend to the furtherance rather than to the restriction of the powers conferred by it upon the Charity Commissioners : See In re Duncan : In re Taylor's Trusts (1867) 2 Ch. 356. We must, therefore, proceed to consider what are the powers of the Charity Commissioner vis-a-vis a public trust, and determine as to whether the Charity Commissioner would be a person interested to appeal against the decision of the District Court. 4. Section 3 of the Act enables the Charity Commissioner subject to the general or special orders of the Government to superintend the administrat....

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....ut any purpose. It is meant for the expenses of establishment of the Charity Commissioner and his subordinates, the purpose of which is the effective control and supervision over public trusts by the Charity Commissioner. Section 68 which defines the duties and powers of the Charity Commissioner gives a power of superintendence over public trusts. Section 50 gives a right to the Charity Commissioner to institute a suit in cases of breach of trust for recovery of possession of property belonging to any public trust or for directions where they are necessary and it also provides that if any other person wants to institute a suit on behalf of the Charity he must obtain sanction of the Charity Commissioner. 5. All these powers, which are given....