AIR 1980 BOMBAY 48 ::(1980) Mah LJ 690

Bombay High Court

Hon'ble Judge(s): Ginwala , J

(A) Bombay Public Trusts Act (29 of 1950) , S.36(1)— Public trust - Sale of immovable property - Ex post facto sanction from Charity Commissioner not valid. The legislature has used the word "previous" before the word "sanction" which clearly means that the sanction contemplated by S.36(1) has to be obtained from the Charity Commissioner before the transaction is completed.(Para 5) Clause (g) of Section 69 cannot be taken to enlarge the scope of Section 36(1). There is no power in the Charity Commissioner to accord sanction after the transaction is completed and validate it by the 'ex post facto' sanction. Giving such a sanction would be against the express requirement of Sub-Section (1) of Section 36. Section 36(1) has been enacted to enable the Charity Commissioner to exercise control over the alienations to be made by the trustees of the trust properties. Granting or refusal of sanction would, therefore, affect the substantive rights of the party concerned. It is therefore not possible to say that the said provision is purely technical or procedural : No assistance can be drawn from Section 41-E in support of the proposition that the Charity Commissioner can accord ex post facto sanction.(Para 10) In this view, ex post facto sanction obtained after the sale transac....