that Act. Where two separate Charity Commissioners are appointed, any reference in this Act to the Charity Commissioner shall unless the context otherwise requires ... more officers to be called Joint Charity Commissioners who shall, subject to control of Charity Commissioner and to such general or special order
more officers to be called Joint Charity Commissioners, who shall subject to the control of the Charity Commissioner and such general or special orders ... Deputy and Assistant Charity Commissioners.––
(1) The State Government may also appoint such number of Deputy and Assistant Charity Commissioner in the office
Sopan Sukhdeo Sable & Ors vs Assistant Charity Commissioner & Ors on 23 January, 2004
Equivalent citations: AIR 2004 SUPREME COURT ... PETITIONER:
Sopan Sukhdeo Sable & Ors.
RESPONDENT:
Assistant Charity Commissioner & Ors.
DATE OF JUDGMENT: 23/01/2004
BENCH:
DORAISWAMY RAJU & ARIJIT PASAYAT
JUDGMENT
April 15, 1952 the appellant made an application
to the Deputy Charity Commissioner, Greater Bombay. Region
863
under s. 18 of the Bombay Public Trusts ... which the Act was applicable. On August
3, 1953 the Deputy Charity Commissioner made an order
declaring that the Dargah was a public trust
which belonged to a public trust,
without the sanction of the Charity Commissioner was
prohibited by s. 36 of the Bombay Public Trust ... obligatory upon the court to issue notice to the Charity
Commissioner. [458C-D]
(ii) An order setting aside a Court sale in execution
should be
impleaded as a party in the proceedings before the Charity Commissioner in
an application filed by a trust for sanction to sell ... Venugopala Naidu v. Venkatarayulu Naidu Charities , 1989 Suppl.
( 2) SCC 356 and Mehrwan Homi Irani v. Charity Commissioner Bombay , 2001 (5)
SCC 305.
33. Finally
Bombay Public
Trust Act, 1950 , relating to the appointment of -the Charity
Commissioner as a trustee of any public trust by the court
without ... extent that they relate to the appointment of the
Charity Commissioner as a trustee of a religious trust like
temple and Math are unconstitutional
branch Math
fell within the definitions.
HEADNOTE:
The Assistant Charity Commissioner, Bombay, held an enquiry
under s. 19 of the Bombay Public Trusts ... liable to be registered under s. 18 the
Act. The Charity Commissioner in appeal confirmed this
finding and an application under
that the CNI filed an application for its registration before the Charity
Commissioner in terms of the provisions of the BPT Act , which was granted ... from 19.11.1971. The CNI
thereafter filed a change report before the Charity Commissioner on or about
15.1.1981. Admittedly, the said application has not yet been
adducing additional evidence was not dealt with by
the Charity Commissioner thereby prejudicing case of the
respondents. It was pointed out by the appellant that ... pressed by the applicants and it is not
as if the Charity Commissioner had not dealt with the
application in the proper perspective.
Per contra
