STATE OF GUJARAT versus ACHARYA SHRI DEVENDRA PRASAD JI

STATE OF GUJARAT versus ACHARYA SHRI DEVENDRA PRASAD JI

Items mentioned by the Charity Commissioner involved calling for information, not 'statement' or 'report' as meant in s. 37(1)(c) of the Act, and so the Commissioner was not empowered to call for such information; conviction under ss. 37 and 67 was not sustainable.

Parties
Appellant: State of Gujarat; Respondent: Acharya Shri Devendraprasadji
Jurisdiction
India
Judgment Date
26 July 1968
Procedural Posture
Criminal Appeal / Appeal by Certificate From Gujarat High Court Judgment Dated June 21, 1965 in Criminal Appeal No. 906 of 1963
Outcome
Appeal dismissed.
Legal Topics
Scope of Powers Under Bombay Public Trusts Act, Interpretation of 'statement' and 'report', Duties of Trustees, Powers of Charity Commissioner
Criminal Law Trusts and Charity Law Scope of Powers Under Bombay Public Trusts Act Interpretation of 'statement' and 'report' Duties of Trustees Powers of Charity Commissioner

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Parties

State of Gujarat

Appellant

Acharya Shri Devendraprasadji

Respondent

Procedural Posture

Criminal Appeal / Appeal by Certificate From Gujarat High Court Judgment Dated June 21, 1965 in Criminal Appeal No. 906 of 1963

Legal Issues

  1. 1 Whether the Charity Commissioner can require information beyond 'report' and 'statement' under s. 37(1)(c) of the Bombay Public Trusts Act
  2. 2 Whether the respondent's conduct constituted an offence under ss. 37 and 67 of the Bombay Public Trusts Act

Ratio Decidendi

Items mentioned by the Charity Commissioner involved calling for information, not 'statement' or 'report' as meant in s. 37(1)(c) of the Act, and so the Commissioner was not empowered to call for such information; conviction under ss. 37 and 67 was not sustainable.

Court Disposition

Appeal dismissed.

Orders

  • The judgment of the Gujarat High Court acquitting the respondent is upheld.