Supreme Court of India · 1965-01-22
SHAH CHHOTALAL LALLUBHAI AND OTHERS vs CHARITY COMMISSIONER, BOMBAY, AND OTHERS
- Citation / case number
- SC 1964/90438
- Court
- Supreme Court of India
- Petitioner
- SHAH CHHOTALAL LALLUBHAI AND OTHERS
- Respondent
- CHARITY COMMISSIONER, BOMBAY, AND OTHERS
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that under Sections 55(1)(b) and 56 of the Bombay Public Trusts Act, 1950, the directions for the diversion of trust funds must respect the original intentions of the testator. The Court found that the respondent failed to justify the diversion of accumulated trust funds, which were intended for an annual feast for the testator's caste members. The Court set aside the lower court's directions, emphasizing that the surplus should be used to further the original charitable purposes of the trust rather than diverted to other uses.