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1984 Supreme(Guj) 285

J.P.DESAI
SHERASIYA SAJI ALAVADI MOMIN – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.G.KARIA, S.T.MEHTA

J. P. DESAI, J.

( 1 ) (HIS Lordship after stating the facts further observed: At the time of admission of this Second Appeal the following questions have been formulated as substantial questions of law involved in this appeal: Sec. 19 (ii) of the Act reads as follows:1 Whether on the facts and in the circumstances of the case and in view of the provisions of the Bombay Public Trusts Act 1950 the lower Appellate Court should have decided the question of title of the appellant-trust to the suit property against it ?2 Whether in view of the provisions of sec. 56b of the Bombay Public Trusts Act 1950 the questions involved in the present suit could have been determined without issuing a notice to the Charity Commissioner ?

( 2 ) NOW so far as the second question as regards issuance of notice to the Charity Commissioner is concerned a mere look at sec. 56b will show that there is no substance in this contention raised by the plaintiffs for the first time in this Second Appeal. Sec. 56b provides that in any suit or legal proceedings in which it appears to the Court that any question affecting a public religious or charitable purpose is involved the Court shall not proceed to determine suc







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