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.