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september 1967

Supreme Court of India · 1967-09-28

MUNICIPALITY OF TALODA vs THE CHARITY COMMISSIONER & ORS.

Citation / case number
SC 1965/177
Court
Supreme Court of India
Petitioner
MUNICIPALITY OF TALODA
Respondent
THE CHARITY COMMISSIONER & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the property conveyed to the Municipality was for a public purpose under Section 2(13) of the Bombay Public Trusts Act, and the trust extended to the entire property, benefiting an uncertain and fluctuating body of persons, including sadhus and visitors to the Samadhi of Nagabawa. The Court affirmed the Charity Commissioner's declaration that the Municipality was the trustee for the public trust, rejecting claims that the property was solely for the Johari Panch. The appeal by the Charity Commissioner was upheld, confirming the existence of a public trust.

MUNICIPALITY OF TALODA vs THE CHARITY COMMISSIONER & ORS. · Niyam