AIR 1957 KERALA 171 ::1957 Ker LT 461 ::1957 Ker LJ 295 ::ILR (1957) Ker 381

Kerala High Court

Hon'ble Judge(s): K. T. Koshi , C.J. AND N. Varadaraja Iyengar , J

(A) Charitable and Religious Trusts Act (14 of 1920) , S.7— Revision to High Court - Maintainability. Civil P.C. (5 of 1908) , S.115— Against an order passed under S. 7, Charitable and Religious Trust Act, an approach to the High Court in revision, in proper cases e.g., lack of jurisdiction, illegal procedure, etc., is perfectly maintainable.(Para 5) Anno : AIR Man., Charita. and Reli. Trust Act, S. 7, N. 1; S. 12, N. 1. AIR Com., C. P. C., S. 115, N. 7. (B) Charitable and Religious Trusts Act (14 of 1920) , S.7— Jurisdiction under - Scope of. Section 7 grants liberty to a trustee to get the direction, advice etc., of the Court regarding the management or administration of the trust property. The Court under the section exercises what might be called its consultative jurisdiction, giving guidance to the trustee. The Court is not, however, to grant sanction merely because it is applied for. The limitation is that the Court will refuse to consider the matter if in its opinion the question is one not capable of summary disposal e.g., if it is one of detail or difficulty. In any event, the Court will consider judicially the matters placed before it before disposing of the matter.(Para 6) ....