ABINASH CHANDRA BANNERJI AND OTHERS vs UTTARPARA HITAKARI SABHA AND OTHERS

The Supreme Court held that the will of Pyare Mohan Bannerji created a trust rather than a charge, as it directed the heirs to pay half of the income to the Uttar-para Hitakari Sabha for charitable purposes. The Court emphasized that the testator's intention was to ensure regular payments to the charity, which could not be achieved if the direction merely created a charge. The judgment of the Allahabad High Court was upheld, confirming the establishment of a trust under the Official Trustees Act, 1913.