Bombay Public Trusts Act, 1950

The case concerned the purported unification of the First District Church of the Brethren (FDCB) with the Church of North India (CNI). The appellants claimed that the unification dissolved FDCB, making CNI its legal successor and entitled to its property, which was held in a public trust regulated by the Bombay Public …

The Commissioner of Income Tax-III, Pune challenged the assessment of Sinhgad Technical Education Society, a charitable educational institution, which was treated as an Association of Persons after a search under Section 132 revealed alleged capitation fees. The Assessing Officer issued a notice under Section 153C for …

The respondent, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, sought the removal of the petitioner and four other trustees alleging misfeasance and misuse of trust funds. The Joint Charity Commissioner ordered that the trustees could not make any policy decisions or financial transactions without hi…

The plaintiffs, who claim to be hereditary archaks (priests) of the Vinayaka Dev temple, sued the temple trustees for a declaration of their hereditary right, a share of devotees' offerings, and to set aside a notice terminating their services. The trustees contended that the suit was barred under Section 50 of the Bom…

The Parsi Zoroastrian Anjuman, a registered public trust in Mhow, applied to the Registrar of Public Trusts for prior sanction under Section 14 of the Madhya Pradesh Public Trusts Act, 1951, to sell five immovable properties in order to augment its income. The Registrar rejected the application, citing potential prejud…

The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in December 1964 after the es…

Shri Ambadevi Sanstha, a registered public trust under the Bombay Public Trusts Act, applied to the Joint Charity Commissioner (JCC) for permission to sell several trust properties after it had already received earnest money from a purchaser. Two prospective buyers offered higher prices and the newly elected trustees o…

The Supreme Court examined whether earlier judgments concerning the status of three wakf rozas could bar a fresh proceeding under the Bombay Public Trusts Act, 1950. It clarified that a prior decision is res judicata only when the issue was "directly and substantially" in dispute, not merely "collaterally or incidental…

The plaintiffs, Sopan Sukhdeo Sable and others, filed a civil suit seeking a declaration that they were tenants of properties owned by the Shaneshwar Deosthan Trust, alleging forcible eviction and claiming injunction, compensation and other reliefs. The trial court dismissed the suit under Order VII Rule 11 of the Code…

The Parsi Lying‑in‑Hospital (PLIH) charitable trust, after transferring its hospital to the Bombay Parsi Punchayet (BPP), entered into a lease with Krimson Health Ventures Private Limited (KHPL) to rebuild the hospital as a super‑specialty facility. The Charity Commissioner approved the scheme under section 36 of the B…

The Dayanand Anglo Vedic (DAV) College Trust and Management Society, a Hindi‑speaking institution, sought recognition as a linguistic minority educational institution in Maharashtra. Although initially granted, the state withdrew the status on the ground that most trustees resided outside Maharashtra and therefore were…

The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the trust registered under…

The appellant, a trustee of the B.C. Batliwala Agiary Trust, challenged the sanction granted by the Charity Commissioner of Maharashtra under Section 36 of the Bombay Public Trusts Act, 1950, for a joint‑venture development‑cum‑sale of a 3,012‑sq‑m fire‑temple property to Astral Enterprises for Rs.2.95 crore. The Supre…

Ramchandra Govardhan Pandit challenged a decision of the Charity Commissioner that his properties were a public trust. After the Commissioner’s order was dismissed by the Commissioner and the City Civil Court under Section 72 of the Bombay Public Trusts Act, 1950, Pandit appealed to the Gujarat High Court, which dismis…

Sheela Barse, a freelance journalist, filed a writ petition challenging the operation of observation homes run by the Children’s Aid Society, Bombay, alleging that children were forced to work without pay, faced hazardous conditions, and suffered delays in repatriation. The Bombay High Court issued directions to improv…

The dispute concerned six acres of land belonging to the Maruti Dev Temple, which had been let out to tenants who, on Tillers' Day (1 April 1957), became deemed purchasers under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948. The temple trust was registered as a public trust under the Bombay Public T…

The appellants challenged the registration of the ancient Kalika Mataji temple as a public trust under the Bombay Public Trusts Act, 1950, arguing that it was a private family temple based on a historic will and internal restrictions. The respondents contended that the temple, whose origin is lost in antiquity, had bee…

The Mahatma Gandhi Mission, a charitable trust, sought land from CIDCO for a college, hospital, club, stadium and staff quarters. While agreements were executed for the college, hospital, club and stadium, no deed or possession was ever given for the staff quarters. CIDCO cancelled the allotment of the disputed land an…

The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal authorities, the defenda…

The Sainath Mandir Trust, a registered public trust, received a plot of land in 1974 as a gift deed dedicated to the idol of Saibaba, and took possession of it. In 1982 the predecessor of respondents 1‑7 purchased the same plot from the original owner (respondent No.8) by a registered sale deed, but never obtained poss…

The Trambakeshwar Devasthan Trust, a public trust under the Bombay Public Trusts Act, 1950, challenged the High Court's order that the Board of Trustees of the Trimbakeshwar temple should include representatives of the Tungars, Purohits and Pujaris. The appellants argued that these groups have a direct pecuniary intere…

The trustees of a public trust filed an execution application to enforce a scheme framed by the Charity Commissioner, seeking possession of Survey No. 14. The respondents claimed that the first respondent was a tenant of the land and therefore entitled to retain possession until an eviction order. The executing court r…

The appellant, a former ruler of Patadi, claimed that two temples he managed were private family property, not public trusts. The Deputy Charity Commissioner, under the Bombay Public Trusts Act, 1950, deemed them public temples and public religious trusts, a finding upheld by the Charity Commissioner and the Gujarat Hi…

The Supreme Court examined several Special Leave Petitions challenging the Bombay High Court's interim order that, pending the constitution of a proper Maharashtra State Board of Wakfs under the Wakf Act, 1995, the Charity Commissioner should continue to administer Muslim Wakf properties. The Court held that the Board …

The Bombay High Court Division Bench criticised the Deputy Charity Commissioner’s conduct and competence while discharging quasi‑judicial functions under the Bombay Public Trusts Act, prompting the Charity Commissioner to seek special leave before the Supreme Court. The Supreme Court held that the High Court’s observat…

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, 1950 without giving …

The widow of Maharaj Purshottamlal, a lineal descendant of the founder of the Pushti Margi Sampradaya, managed a Haveli in Junagadh that housed the deity and served as the residence of successive Goswamis. She filed an application under section 18 of the Bombay Public Trusts Act, 1950, claiming that the Haveli and its …

The petitioners, a charitable society and a trust, challenged the High Denomination Bank Notes (Demonetisation) Act, 1978, claiming that the Act extinguished their property rights in high‑denomination notes without compensation, violated Articles 19(1)(f), 19(1)(g) and 31(2) of the Constitution, imposed unreasonable ti…

The Swacch Association filed a public‑interest litigation alleging that Futala Tank in Nagpur was a wetland and that several constructions – a musical fountain, a viewer’s gallery, a parking plaza and an artificial banyan tree – were permanent structures violating the Wetlands (Conservation & Management) Rules, 2017. T…

Operation Asha, a not‑for‑profit society registered under the Societies Registration Act, 1860, provides health services to the under‑privileged. After the society’s CEO terminated co‑founder Dr. Shelly Batra, she and her mother filed a suit under Section 92 of the Code of Civil Procedure alleging financial impropriety…

The respondents (plaintiffs) filed a suit in 1987 seeking declaration that certain lands were Inam lands of Niyamatullah Shah Dargah and also seeking possession of those lands from the defendants (appellants). The trial court dismissed the suit on the ground of limitation and non‑joinder of parties. The District Judge …

The Church of North India (CNI) sought a declaration that the earlier Brethren Church had ceased to exist, that CNI was its legal successor with rights over its properties, and a perpetual injunction restraining dissenting members from obstructing its functioning. The plaintiffs filed the suit in a civil court before C…

The case concerned applications under Section 50A of the Bombay Public Trusts Act, 1950 for settling the scheme of a public trust. One of the original applicants died and, after a long delay, his son sought substitution; another set of applicants also sought to be joined. The Charity Commissioner allowed both substitut…