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august 1966

Supreme Court of India · 1966-08-22

SHRI MOULANA N. MALAK SAHEB (DEAD)BY LRS vs SHRI J.R. TOONGAR .

Citation / case number
SC 1964/60004
Court
Supreme Court of India
Petitioner
SHRI MOULANA N. MALAK SAHEB (DEAD)BY LRS
Respondent
SHRI J.R. TOONGAR .
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court examined the implications of the Madhya Pradesh Public Trusts Act, 1951, specifically sections 5, 6, 7, and 8, regarding the Registrar's finding that a trust was not a public trust. The Court held that the absence of an entry in the register did not invalidate the finding, and the repeal of the M.P. Act by the Bombay Public Trusts Act, 1950, did not preclude a fresh inquiry into the trust's status. The Court concluded that the Assistant Charity Commissioner was competent to reopen the inquiry under the Bombay Act, affirming the High Court's decision to reject the appellant's petition.

SHRI MOULANA N. MALAK SAHEB (DEAD)BY LRS vs SHRI J.R. TOONGAR . · Niyam