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TMI Blog1962 (8) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. He relies upon Sections 18 to 22 and 70 of the Bombay Public Trusts Act, 1950. 2. Section 18 requires a trustee to make an application for registration of the trust. Section 19 casts a duty upon the Assistant Charity Commissioner or Deputy Charity Commissioner of deciding matters enumerated in Section 19 either on an application or on his own motion. The matters to be decided are whether a trust exists and whether it is a public trust, whether any property is the property of such trust, the names and addresses of the trustees and manager of such trust, the mode of succession to the office of the trustee of such trust, the origin, nature and object of such trust, etc. Section 20 requires him to record his finding's. Section 21 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .e. it having been passed for the public good, it is the duty of the Courts of justice to put such a construction upon it as may tend to the furtherance rather than to the restriction of the powers conferred by it upon the Charity Commissioners : See In re Duncan : In re Taylor's Trusts (1867) 2 Ch. 356. We must, therefore, proceed to consider what are the powers of the Charity Commissioner vis-a-vis a public trust, and determine as to whether the Charity Commissioner would be a person interested to appeal against the decision of the District Court. 4. Section 3 of the Act enables the Charity Commissioner subject to the general or special orders of the Government to superintend the administration and carry out the provisions of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses of establishment of the Charity Commissioner and his subordinates, the purpose of which is the effective control and supervision over public trusts by the Charity Commissioner. Section 68 which defines the duties and powers of the Charity Commissioner gives a power of superintendence over public trusts. Section 50 gives a right to the Charity Commissioner to institute a suit in cases of breach of trust for recovery of possession of property belonging to any public trust or for directions where they are necessary and it also provides that if any other person wants to institute a suit on behalf of the Charity he must obtain sanction of the Charity Commissioner. 5. All these powers, which are given by the Act, clearly show that the Char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven to the Charity Commissioner before the Court can proceed in a matter. It is not contended and we do not think that it can possibly be contended that this section cannot apply to a proceeding under Section 72 of the Act. If the Charity Commissioner is given notice and is entitled to be a party and if he is a party there can be no reason why if he is aggrieved by a decision he should not have a right of appeal. We must so construe the provisions of the Act as not to render the remedy provided by it nugatory but to advance it and it seems to us that the provisions of the Act justify an inference that the Charity Commissioner is entitled as of right to appeal against the decision of a tribunal if the decision is against the public charity, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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