Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Trust Object of general public utility Education to make people conscious of political rights Charitable purpose |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Trust - Charitable purpose - Education to make people conscious of political rights - Political purpose Object of general public utility-Bombay Public Trust. Act, 1960 (Bom. 29 of 1950), SS . 2 (13), 9( 4).Lokamanya Tilak died on August I, 1920, leaving a will. On August 16, 1920, his two sons and the executor appointed by him under the will executed a trust deed in respect of two newspapers "The Kesari" and "The Maharatta", and the property and the machinery pertaining thereto. Clause I of the trust deed recited: "This Trust deed has been made as a means to the fulfilment perpetually and uninterruptedly after the death of the late Lokmanya Bal Gangadhar Tilak of that very object of his with which he took all activities after he took charge of the newspapers the Kesari and Maratha such as of spreading political education through the newspapers and thereby making people alive to their political rights and carrying on other multifarious pubic activities conducive to the national ideal etc." A survey of the public life and activity of Lokmanya Tilak showed that his purpose in taking over and Conducting the newspapers was political, in the sense of seeking to achieve by means of rousing the consciousness of the people to their condition, a political awareness, by which adjustments of a political character would be demanded and enforced by the persons who inbibed those truths or were influenced by such writings. ·The question was whether the aforesaid trust was a public charitable trust within the definition of s. 2 (13) read with s. 9 (4) of the Bombay Public Trusts Act, 1950, so as to justify an order by the Charity Commissioner requiring the trustees to have the trust registered.Held, (Subba Rao, J., Dissenting), that a political purpose is not a charitable purpose and does not come within the meaning of the expression ''for the advancement of any other object of general public utility" in s. 9 (4) of the Bombay Public Trusts Act, 1950.The life mission of Iokmanya Tilak which he sought to achieve and achieved through the two newspapers, and which was set out in the trust deed dated August 16, 1920 as the object for which the trust was founded, was a political purpose and, therefore, the trust was not required to be registered under s. 18 of the Act.Per Subba Rao, J.-The. object of Tilak, after he took over the newspapers, was to work for the regeneration of the country, and he thought that national education through newspapers and writings, which would make people alive to their political rights, was the most important item in the uplift of the country. The trust executed to perpetuate the said object was clearly a trust for general public utility within the meaning of s. 9 (4) of the Act. The expression "object of general public utility" is very comprehensive and it includes every purpose, whether political or otherwise, provided it is an object of general public utility |
Judge | Honble Mr. Justice K. Subba Rao Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1962 INSC 180 |
Petitioner | Laxman Balwant Bhopatkar (since Deceased) By Another Trustee Dr. Dhananjaya Ramachandra Gadgil And Others |
Respondent | The Charity Commissioner, Bombay |
SCR | [1963] 2 S.C.R. 625 |
Judgement Date | 1962-05-01 |
Case Number | 313 |
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