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Issues Involved:
1. Binding nature of findings by the Assistant Charity Commissioner. 2. Jurisdiction of Civil Court concerning findings under Sections 19 and 20 of the Act. 3. Scope and effect of Sections 17, 18, 19, 20, 21, 22, 22A, 70, 79, and 80 of the Act. 4. Remedies available under the Act for challenging findings and entries made by the Charity Commissioner. Detailed Analysis: 1. Binding Nature of Findings by the Assistant Charity Commissioner: The plaintiffs contended that the findings made by the Assistant Charity Commissioner and the corresponding entries are not binding on them as beneficiaries of the trust. They argued that these findings are solely for registration purposes and do not determine the rights of third parties. Additionally, they claimed that a suit by third parties is not affected by the Charity Commissioner's decision, thus a Civil Court retains jurisdiction to try such a suit. 2. Jurisdiction of Civil Court Concerning Findings Under Sections 19 and 20: The plaintiffs argued that Sections 17, 18, 19, and 20 deal only with the registration of public trusts and not with the rights of parties. Therefore, Section 80, which bars the jurisdiction of Civil Courts, does not oust the jurisdiction of a Civil Court to declare a finding under Sections 19 and 20 illegal and void if arrived at through fraud. The court examined these sections, noting that the Act classifies findings into two categories: those affecting rights related to properties belonging to a public trust and others. The court concluded that the inquiry under Section 19 is judicial and not merely administrative, involving adjudication of significant questions such as the existence of a trust and whether certain properties belong to it. 3. Scope and Effect of Sections 17, 18, 19, 20, 21, 22, 22A, 70, 79, and 80: - Sections 17-21: These sections outline the obligations of trustees to apply for registration and the duties of the Charity Commissioner to maintain registers and make entries based on inquiries. - Section 22 and 22A: These sections provide mechanisms for changing entries in the register if new particulars emerge or if previous inquiries missed certain details. The court emphasized that Section 22A allows for further inquiry if new information is presented, even by third parties. - Section 70: Provides an appeal mechanism against the findings or orders of the Assistant or Deputy Charity Commissioner. - Section 79: Confers finality and conclusiveness to decisions regarding the existence of a trust, whether it is a public trust, and whether certain properties belong to it, subject to the decision of higher courts. - Section 80: Bars the jurisdiction of Civil Courts in matters decided by the Charity Commissioner under Sections 19 and 20, reinforcing the finality of these decisions. The court noted that the Act provides a comprehensive code for dealing with trust-related matters, emphasizing that the machinery provided by the Act should be used for resolving such issues. 4. Remedies Available Under the Act: The court highlighted that the plaintiffs could have utilized Section 22A to challenge the entries made by the Assistant Charity Commissioner on grounds of fraud. They could have approached the Deputy or Assistant Charity Commissioner to present suppressed particulars or new information. Additionally, Section 70 provides a further remedy by way of an appeal. The court emphasized that the plaintiffs did not avail themselves of these specific remedies provided under the Act. Conclusion: The court concluded that the findings and entries made by the Assistant Charity Commissioner are binding and final, subject to the specific remedies provided under the Act. The Civil Court does not have jurisdiction to decide issues already determined by the Charity Commissioner. The plaintiffs failed to utilize the remedies available under Section 22A and Section 70, leading to the dismissal of their revision. The court discharged the rule and ordered the plaintiffs to pay costs to the opponents.
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