Case Note & Summary
The case involves a second appeal under Section 72(4) of the Bombay Public Trusts Act, 1950, arising from a judgment and order dated 10-08-2009 passed by the District Judge, Nagpur, rejecting a Change Report and Regular Civil Appeal No. 5 of 2009. The appellant, Avinash Shegaonkar, sought to file a change report regarding the management of a public trust. The respondents opposed the change report. The lower appellate court rejected the change report on the ground that the appellant failed to comply with the requirements of Section 22 of the Act. The appellant then filed the present second appeal. The court considered whether the appellant had complied with Section 22 and whether the lower appellate court erred. The court held that the appellant failed to produce sufficient evidence to show compliance, and the findings of fact by the lower appellate court were not perverse. The appeal was dismissed with no order as to costs.
Headnote
A) Public Trusts - Change Report - Section 22 Bombay Public Trusts Act, 1950 - Compliance - The appellant sought to file a change report regarding the management of a public trust. The court held that the appellant failed to produce sufficient evidence to show compliance with Section 22, which mandates that any change in the trust must be reported in the prescribed manner. The lower appellate court's rejection of the change report was upheld as the appellant did not discharge the burden of proof. (Paras 1-5) B) Public Trusts - Second Appeal - Section 72(4) Bombay Public Trusts Act, 1950 - Scope - The second appeal under Section 72(4) is limited to substantial questions of law. The court found no substantial question of law arose as the findings of fact by the lower appellate court were based on evidence and not perverse. (Paras 1-5)
Issue of Consideration
Whether the appellant had complied with the requirements of Section 22 of the Bombay Public Trusts Act, 1950 for filing a change report, and whether the lower appellate court erred in rejecting the change report.
Final Decision
The appeal is dismissed. The judgment and order dated 10-08-2009 passed by the District Judge, Nagpur is confirmed. No order as to costs.
Law Points
- Bombay Public Trusts Act
- 1950
- Section 22
- Section 72(4)
- Change Report
- Compliance
- Burden of Proof
