Case Note & Summary
The Bombay High Court dealt with two appeals arising from a dispute between two trusts named after Mahatma Gandhi. The appellant, Maharashtra Gandhi Smarak Nidhi, challenged an order passed by the Joint Charity Commissioner in revision under Section 70A of the Bombay Public Trusts Act, 1950. The revision was filed by the respondent, Gandhi Smarak Nidhi (Central), against an order dated 19 August 1977 passed by the Assistant Charity Commissioner accepting change reports in favor of the appellant. The revision was filed after a delay of about 30 years. The court framed two substantial questions of law: (i) whether any period of limitation is applicable for exercise of power of revision under Section 70A, and (ii) if no limitation is prescribed, whether the power must be exercised within a reasonable time. The court noted that the appeals were being heard on these questions and that it was not necessary to go into the details of the dispute. The court observed that the litigation was unfortunate as it involved trusts founded in the name of the father of the nation. The court held that while no period of limitation is prescribed for exercise of revisional power under Section 70A, the power must be exercised within a reasonable time. In this case, the revision was filed after 30 years, which was grossly delayed and not within a reasonable time. Accordingly, the court allowed the appeals and set aside the impugned order of the Joint Charity Commissioner.
Headnote
A) Bombay Public Trusts Act, 1950 - Section 70A - Revision - Limitation - No period of limitation prescribed for exercise of revisional power under Section 70A - However, power must be exercised within a reasonable time - Reasonable time depends on facts and circumstances of each case - In the present case, revision filed after 30 years from the original order was held to be grossly delayed and not maintainable (Paras 1-3).
B) Bombay Public Trusts Act, 1950 - Section 72(4) - Appeal - Substantial Question of Law - Appeal under Section 72(4) is maintainable only on a substantial question of law - The court framed two substantial questions of law regarding limitation and reasonable time for exercise of revisional power under Section 70A (Paras 1-2).
Issue of Consideration
Whether any period of limitation is applicable for exercise of power of revision under Section 70A of the Bombay Public Trusts Act, 1950, and if not, whether the power must be exercised within a reasonable time from the date of the impugned order.
Final Decision
The court allowed the appeals and set aside the impugned order of the Joint Charity Commissioner. The court held that while no period of limitation is prescribed for exercise of revisional power under Section 70A, the power must be exercised within a reasonable time. In this case, the revision was filed after 30 years, which was not within a reasonable time.
Law Points
- Revision power under Section 70A of Bombay Public Trusts Act
- 1950 must be exercised within reasonable time
- no period of limitation prescribed
- substantial question of law required for appeal under Section 72(4)
Case Details
2011 LawText (BOM) (04) 35
First Appeal No.292 of 2008 and First Appeal No.293 of 2008
Mr. Sugandh B. Deshmukh for the appellant, Mr. J. Shekhar i/b. M/s. J. Shekhar & Co. for respondent No.1
Maharashtra Gandhi Smarak Nidhi
Gandhi Smarak Nidhi (Central) and Hon'ble Charity Commissioner (Joint) Pune Region
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Nature of Litigation
Appeals against order of Joint Charity Commissioner in revision under Section 70A of Bombay Public Trusts Act, 1950
Remedy Sought
Setting aside of the revisional order passed by the Joint Charity Commissioner
Filing Reason
The appellant challenged the revisional order on the ground that the revision was filed after gross delay of about 30 years and was not maintainable
Previous Decisions
On 19 August 1977, the Assistant Charity Commissioner accepted change report Nos.539 of 1977 and 540 of 1977 in favor of the appellant. The respondent filed revision under Section 70A against that order after about 30 years.
Issues
Whether any period of limitation is applicable for exercise of power of revision under Section 70A of the Bombay Public Trusts Act, 1950?
If no period of limitation is prescribed, whether the power under Section 70A must be exercised within a reasonable time from the date of the impugned order?
Submissions/Arguments
The appellant argued that the revision was filed after gross delay of about 30 years and was not maintainable.
The respondent argued that no period of limitation is prescribed for revision under Section 70A.
Ratio Decidendi
The power of revision under Section 70A of the Bombay Public Trusts Act, 1950, though not subject to any period of limitation, must be exercised within a reasonable time. What is reasonable time depends on the facts and circumstances of each case. A revision filed after 30 years from the date of the original order is grossly delayed and cannot be entertained.
Judgment Excerpts
Following substantial questions of law arise in the Appeals. (i) Whether any period of limitation is applicable for exercise of power of revision under Section 70(A) of the Bombay Public Trusts Act, 1950? (ii) If it is held that no period of limitation is prescribed for exercise of power under Section 70(A) of the said Act, whether the power is required to be exercised within a reasonable time from the date of passing the impugned order?
As observed by this Court earlier, this is an unfortunate litigation between two Trusts which are founded in the name of the father of the nation.
Procedural History
On 19 August 1977, the Assistant Charity Commissioner accepted change report Nos.539 of 1977 and 540 of 1977 in favor of the appellant. The respondent filed revision under Section 70A of the Bombay Public Trusts Act, 1950 before the Joint Charity Commissioner, who passed an order against the appellant. The appellant filed First Appeal Nos.292 of 2008 and 293 of 2008 before the Bombay High Court. On 18 January 2011, the court directed that the appeals be heard and disposed of finally at the stage of admission. The appeals were heard on 28 April 2011 and allowed.
Acts & Sections
- Bombay Public Trusts Act, 1950: 70A, 72(4)
