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1952 Supreme(Bom) 104

CHAGLA, SHAH
Ratilal Panachand Gandhi – Appellant
Versus
State of Bombay – Respondent


Advocates:
In Civil Appln. No.880 of 1952.Sir Jamshedji Kanga, with B. Somayya, S T. Karani. N.A. Kapasi and H.K. Shah, for Petitioner; M.P. Amin, Advocate General, with G.N. Joshi, with Little and Co., for Respondents.In Misc. Appln. No.212 of 1952.Sir Jamshedji Kanga, with H.D. Banaji, for Petitioners; M.P. Amin, Advocate General, with G.N. Joshi, for Respondents.

Judgement

CHAGLA, C.J. : - These two petitions before us challenge the constitutionality of certain provisions of Act 29 of 1950 which is the Bombay Public Trusts Act. In the first petition the petitioner is a Swetamber Murtipujak Jain and a resident of Vejalpur in the Panch Manals District and the petitioner is the vahivatdar of a Jain Derasar situate in that place. In the second petition the petitioners are the trustees of the Parsi Panchayet Funds. Both the petitions challenge the Act on more or less identical grounds. It would be perhaps better if we first deal with the petition presented by the vahivatdar of the Jain Derasar. Before we do so it would be perhaps advisable to look at the object with which the Act was passed and its main provisions.

2. The Act was passed to regulate and to make better provision for the administration of public religious and charitable trusts in the State of Bombay. Chapter II of the Act sets up the establishment which consists of a Charity Commissioner and Deputy and Assistant Charity Commissioners. Chapter III deals with what are charitable purposes and it provides that public trusts will not be void on ground of uncertainty. Chapter IV deals with












































































































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