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2019 Supreme(Bom) 1439

AVINASH G.GHAROTE
Shaikh Abdul Razak Yaseen Patel – Appellant
Versus
Sayyad Murad Syed Irfan Ali, (Deceased) – Respondent


Advocates:
Advocate Appeared:
A.S. Bajaj, Adv., N.C. Garud, Adv.

Judgement Key Points

The legal document primarily addresses the scope and interpretation of jurisdictional powers under the Bombay Public Trusts Act, particularly focusing on Section 72(2). The key facts involve a scheme application for the management and administration of a public trust, which was initially allowed by an Assistant Charity Commissioner. However, the order was subsequently set aside by a District Judge, who remanded the matter for further consideration of the legal heirs' hereditary claims and other modifications before finalizing the scheme.

The core legal issue revolves around whether the District Court, exercising powers under Section 72(2), has the authority to remand the matter back to the lower authority or tribunal. The discussion clarifies that the language of Section 72(2) does not explicitly or implicitly confer a power of remand. The interpretation of the terms "confirm," "revoke," and "modify" suggests that the District Court's jurisdiction is limited to confirming, revoking, or modifying decisions, but does not extend to remanding the case for rehearing or further evidence.

Furthermore, the analysis emphasizes that the provisions of the Civil Procedure Code, especially regarding remand powers, are not automatically applicable unless explicitly incorporated. The specific wording of Section 76, which states that the Civil Procedure Code applies only to the extent that it is not inconsistent with the Act, supports the conclusion that remand powers are not included within the jurisdiction conferred by Section 72(2).

The ratio deduced from this legal interpretation is that the jurisdiction of the District Court in proceedings under the Bombay Public Trusts Act is confined to the scope of confirming, revoking, or modifying decisions, and does not include the power to remand cases for rehearing or further evidence, unless such power is explicitly provided by statute. This understanding underscores the importance of precise statutory language in conferring jurisdiction and the limited scope of appellate or revisional powers under the Act.


JUDGMENT :

Avinash G. Gharote, J.

For the sake of convenience, the parties are being referred to as they were before the Trial Court.

2. The appellants, are the original applicants in Scheme Application No.17 of 1987 before the learned Assistant Charity Commissioner, Ahmednagar, for framing up a scheme of the Trust for removal of the predecessors - present respondents and for appointment of new trustees for better administration, management and maintenance of the trust, "Hazrat Sayyad Dalal @ Shaikh Kamal Haq @ Darvesh and Balgorkhana Bagroja, Ahmednagar" registered as PTR No.3/2148/52 (Old PTR No.B-18) in the year 1952. The Assistant Charity Commissioner, by an order dated 31.05.1995 allowed the Scheme Application No.17 of 1987 and provided the Model Scheme for management and development of the public trust, being aggrieved by which an application under Section 72(2) of the then Bombay Public Trusts Act, came to be filed before the District Judge-7, Ahmednagar, being Trust Application No.03 of 2003. The District Judge-7, Ahmednagar, vide his judgment dated 16.01.2012, set aside

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