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1971 Supreme(Bom) 121

J.L.NAIN
Akhil Deshastha Rugvedi Brahmin Madhyawarti Mandal – Appellant
Versus
Joint Charity Commissioner Maharashtra State, Bombay and Anr – Respondent


JUDGMENT - 1. This is an appeal by the original Applicants No. 1 against the order dated 3rd March 1966 of a Judge of the Bombay City Civil Court. The Applicants No. 1 are Akhil Deshastha Rigvedi Brahman Madhyawarti Mandal (hereinafter for the sake of brevity referred to as "the Mandal"). The Mandal is a Company limited by guarantee incorporated under the Indian Companies Act, 1913 and now under the Companies Act, 1956 under a license from the Central Government under Section 26 of the Indian Companies Act, 1913 corresponding the Section 25 of the Companies Act, 1956 dispensing with the word "Limited" in the name of the Mandal. The Respondent No. 1 is the Joint Charity Commissioner, State of Maharashtra. The Respondent No. 2 was formerly the Chairman of the Mandal. The order under appeal held that the Mandal was a public trust and as such was liable to be registered under Section 18 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the Punble Trusts Act") as a public trust notwithstanding the fact that it was a Corporation.

2.A few facts leading to this litigation may be briefly stated. The Mandal applied for and obtained a license u nder Section 26 of the Indian Co


















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