AIR 1967 SUPREME COURT 1742 ::1967 JabLJ 526 ::1967 Mah LJ 135 ::1967 MPLJ 118 ::1967 (1) SCR 110 ::1969 Bom LR 133

Supreme Court Of India

(From Bombay : 65 Bom LR 873)

Hon'ble Judge(s): K. Subba Rao, J. M. Shelat , JJ

(A) Madhya Pradesh Public Trusts Act (30 of 1951) , S.5, S.6, S.7, S.8— Inquiry by Registrar whether trust is public trust -Registrar is enjoined upon to make entry in register of public trusts irrespective of whether trust is found to be public trust or not-To say that he is required to make entry only if finding is in affirmative but not when it is in negative would be contrary to express language of Ss. 6 and 7. 65 Bom LR 873, Reversed.-Object and scope of Ss. 5 to 8 indicated. (Para 7) (B) Madhya Pradesh Public Trusts Act (30 of 1951) , S.5, S.6, S.7— Bombay Public Trusts Act (29 of 1950) , S.86(3)(a), S.19— Inquiry by Registrar under M. P. Act whether trust is public trust - Failure of Registrar to make entry as required by S. 7 -Inquiry is incomplete and pending and proceeding is governed by M. P. Act in view of S. 86(3) (a) of Bombay Act-Fresh inquiry under Bombay Act precluded. (Para 10) (C) General Clauses Act (10 of 1897) , S.6(b)— 'Anything duly done' - Object of such saving clause is to save what has been previously done under the statute repealed. @page-SC1743AIR 1961 SC 41, Rel. on.(1960) 63 Born LR 418, Dist. Bombay Public Trusts Act (29 of 1950) , S.....