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TMI Blog1961 (4) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 80 of the Act which bars the jurisdiction of Civil Courts does not and cannot oust the jurisdiction of a Civil Court to declare a finding under Sections 19 and 20 to be illegal and void if such a finding has been arrived at as a result of fraud. 2. Chapter IV of the Act no doubt is headed as one dealing with registration or public trusts and Sections 18 to 20 are contained in that chapter. To appreciate the contention it is necessary to examine these sections and ascertain their effect in the light of Section 80 of the Act Section 17 casts an obligation upon the Charity Commissioner to maintain amongst several other books and registers a register which shall contain such particulars as may be prescribed. Section 18 throws upon a trustee the obligation to apply for registration of the public trust of which he is a trustee. Sub-section (5) of Section 18 provides that such an application shall inter alia contain the particulars set out therein and so far as is relevant for the purpose of this judgment the particulars called for are: (i) the designation by which the public trust is known; (ii) the names and addresses of the trustees; (iii) the mode of succession to the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the manner of recording the-evidence of witnesses. It is therefore clear that the inquiry is a judicial inquiry and the Charily Commissioner and the officers subordinate to him have been conferred powers of a Civil Court including the powers to issue summons and compelling attendance of witnesses. It is also clear that the inquiry is not on by for the purposes of registration for such an inquiry would involve adjudication of questions such as whether a trust exists if so whether such a trust is a public trust whether the applicant is a trustee the mode of succession to that post and what is still more far reaching in importance whether a particular property belongs to such a public trust. The entries to be made by the Assistant Charity Commissioner are as I have said to be made on the basis of the findings arrived at by him in an inquiry held under Section 19. Though these findings and entries are made conclusive under Section 21(2) the Legislature has provided remedies where it is subsequently found that a change in such entries is necessary. Section 22 provides for such a change in the entries. Mr. Vakil however contended that the plaintiffs would have no right under Section 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akil is somewhat ingenious it is a construction too narrow and too artificial to be adopted and it is further more not consistent with the object of the Act. As stated in the preamble that object is to regulate and make better provision for the administration of the public trusts which would include having decisions relating to public trusts in an expeditious manner through the machinery provided by the Act the without having recourse to protracted litigations. It is also clear that in view of the wider definition of a public of a public and charitable trust in the Act the object of the Legislature was to have once for all registration of trusts where in all the necessary particulars regarding such trusts including the properties belonging to them would be included so as to restrict if not to prevent altogether scope for further litigation. It is therefore that the Legislature through fit to give finality and conclusiveness to the findings arrived at in an inquiry under Section 19 and entries made under Section 21. The word particular mentioned in Section 22A would mean any information or detail as to a trust which has not been considered in a previous inquiry under Section 19. Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Under Sub-section (3) of that section the Charity Commissioner has been empowered after hearing an appellant or any one appearing on his behalf to annul reverse modify or confirm the finding or the order appealed against or to direct the Deputy or the Assistant Charity Commissioner to have further inquiry or to take such additional evidence as he may think necessary. 7. As I have said the Act divides the particulars to be ascertained under Section 19 into two categories and these two categories are dealt with by the Act in two ways. Section 79 lays down that any question whether or not a trust exists and whether such trust is a public trust or a particular property is the property of such trust shall be decided by the Deputy or the Assistant Charity Commissioner or the Charity Commissioner in appeal as provided by the Act. Under Sub-section (2) the decision of anyone of these officers is made final and conclusive unless it is set aside by the decision of the Court on an application made to it or of the High Court in appeal. The provisions of Section 79 show thus that a finding in an entry made under Section 19 20 and 21 constitute not merely an administrative order for the purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pressly provides that the Deputy or the Assistant Charity Commissioner or the Charity Commissioner shall have power to decide matters set out therein and having conferred that power on those officers the Legislature by Section 80 debars the jurisdiction of a Civil Court to decide or deal with any question in respect of which the decision or the order of such officer has been made final and conclusive under Section 79(2). That was necessary because under Section 9 of the Code of Civil Procedure inspite of Sections 19 20 and 79 a Civil Court would still have jurisdiction to entertain matters involving such questions. That jurisdiction under Section 9 of the Code of Civil Procedure has been now taken away by the provisions of Section 80 of the Act. It would also appear that whereas Section 19 confers power upon the Assistant or the Deputy Charity Commissioner to ascertain the question as to whether a trust exists or not and if so whether it is a public trust or whether a particular property is the property of such trust in an inquiry for registration Section 79 in express terms and with a view to avoid any possible ambiguity confers power upon these offices to decide the questions set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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