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april 1987

Supreme Court of India · 1987-04-21

RAMCHANDRA GOVERDHAN PANDIT vs CHARITY COMMISSIONER OF STATE OF GUJARAT

Citation / case number
SC 1973/60419
Court
Supreme Court of India
Petitioner
RAMCHANDRA GOVERDHAN PANDIT
Respondent
CHARITY COMMISSIONER OF STATE OF GUJARAT
Author
V. KHALID
Bench
V. KHALID

Judgment text excerpt

The Supreme Court held that the District Court exercises plenary power under Section 72 of the Bombay Public Trusts Act, 1950, which is in the nature of appellate jurisdiction despite the absence of the word 'appeal' in the section. The Court clarified that the District Court has the authority to correct, modify, review, or set aside the Charity Commissioner's order, thus making the proceedings akin to an appeal. Consequently, the High Court's dismissal of the Letters Patent Appeal for lack of requisite certificate under Clause 15 was upheld, affirming the appellate nature of the District Court's jurisdiction.

RAMCHANDRA GOVERDHAN PANDIT vs CHARITY COMMISSIONER OF STATE OF GUJARAT · Niyam