1958 Supreme(Bom) 2
K.G.DATAR
Institute Indo-Portuguese and others – Appellant
Versus
Dr. Theotonio Borges and others – Respondent
JUDGMENT: 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 Arts. 28 and 30 of the Colonial Act and by Art. 43 of the Ordinance of the Portuguese Colonial Empire. The object for which this institute appears to have been created is "to give assistance and protection to the Indo-Portuguese emigrants, who are residents in British India, by inciting them to a patriotic ideal, civic conscience and feeling of national solidarity". Under the Legislative Diploma aforesaid, the institution is to be managed by a Managing Committee consisting of a President and four members, who are to be appointed every three years by the Governor-General from among the Portuguese citizens residing in this City. It is also stated that the committee of the management, which is to be appointed by the Governor-General, is to select from among its own members one member who will serve as Secretary. By Art. 7 of the said Diploma, it
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