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Issues Involved:
1. Whether the "Kesari & Mahratta Trust" is a "public trust" within the meaning of the Bombay Public Trust Act, 1950. 2. Interpretation of the trust deed and its objects. 3. Whether the trust's purpose is charitable under the Act. Issue-wise Detailed Analysis: 1. Whether the "Kesari & Mahratta Trust" is a "public trust" within the meaning of the Bombay Public Trust Act, 1950: The primary issue in this case was to determine whether the "Kesari & Mahratta Trust" qualifies as a "public trust" under the Bombay Public Trust Act, 1950. The Act, aimed at regulating public, religious, and charitable trusts, defines a public trust as an express or constructive trust for public, religious, or charitable purposes. The trustees of the "Kesari & Mahratta Trust" contended that it was not a public trust and thus not subject to registration under the Act. The Assistant Charity Commissioner, after an inquiry, concluded that the trust was a public trust, a decision upheld by the Charity Commissioner and the District Judge, Poona. The High Court of Bombay also dismissed the trustees' appeal but granted a certificate for appeal to the Supreme Court. 2. Interpretation of the trust deed and its objects: The trust deed, executed on August 16, 1920, by the sons of Lokmanya Bal Gangadhar Tilak and his executor, aimed to perpetuate the objects of Tilak as expressed in his will. The trust deed's primary objective was the fulfillment of Tilak's mission, particularly through the newspapers "Kesari" and "Mahratha." Clause 1 of the trust deed specified the trust's purpose as spreading political education and making people aware of their political rights, along with other public activities conducive to the national ideal. The High Court interpreted the trust deed as having two main purposes: spreading political education and organizing public movements to promote the national ideal. The court found the second purpose too vague to be considered charitable. 3. Whether the trust's purpose is charitable under the Act: The Supreme Court examined whether the trust's purpose, as defined in the trust deed, fell within the definition of "charitable purpose" under the Act, which includes the relief of poverty, education, medical relief, and the advancement of any other object of general public utility. The Court analyzed the life and activities of Lokmanya Tilak, particularly his use of the newspapers for political education and awakening political consciousness among the masses. The Court concluded that the trust's primary purpose was political, aimed at rousing people to demand governmental changes, which does not qualify as a charitable purpose under the Act. The Court held that a political purpose, even if beneficial to the public, is not a charitable purpose within the meaning of the Act. Conclusion: The Supreme Court allowed the appeal, setting aside the order of the Assistant Charity Commissioner and the Charity Commissioner, and held that the "Kesari & Mahratta Trust" was not a public charitable trust required to be registered under the Act. The appellants were entitled to their costs in all courts.
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