Trusts and Trustees

Bombay Public Trusts Act, 1950 (29 of 1950)

— Ss. 41-A and 41-B — Jurisdiction of Assistant Charity Commissioner, Bombay to interfere with administration of religious Trust having its office for administration in Gujarat but properties both in Gujarat and Maharashtra — Held, in terms of cl. 4(b) of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, the jurisdiction of the aforesaid authority was confined only to the property which was situate within the State of Maharashtra and not in relation to the entire trust — Doctrine of lex situs, applied, (2006) 5 SCC 330-A

Trusts and Trustees

Religious and Charitable Trusts

— State legislation relating to such institutions — Applicability of, to properties of said institutions — Limitations — Held, would be presumed to be applicable only in respect of the properties or any part thereof which are situate within the State, (2006) 5 SCC 330-B

Trusts and Trustees

Bombay Public Trusts Act, 1950 (29 of 1950)

— Ss. 41-A and 41-B — Jurisdiction of Assistant Charity Commissioners of Bombay and State of Gujarat — Determination of — Held, has to be determined primarily on a construction of clauses 4(b) and 4(c) of the Bombay Charity Commissioner (Regional Reorganisation) Order, 1960, (2006) 5 SCC 330-C

Constitution of India

— Art. 245 — Extra-territorial operation — Doctrine of nexus — Territorial extent of law made by State — Held, ordinarily, the legislation enacted by a State will be applicable only within the territorial limits thereof — General presumption is that the legislature does not intend to exceed its jurisdiction — The State legislature while enacting a law is required to maintain the territorial nexus — Extra-territoriality provided for in the Act is accepted only in certain cases, (2006) 5 SCC 330-D

Doctrines

Doctrine of lex situs

— Determination of lex situs — Relevant considerations — Held, whether in the area of international law or the domestic law, lex situs has to be determined in the context of the proper law applicable therefor, be it in the realm of contract or otherwise, (2006) 5 SCC 330-E

Statute Law

Exercise of Power

— A statutory authority must exercise its jurisdiction within the four corners of the statute — It cannot act beyond the same — Any order passed by an authority which lacked inherent jurisdiction would be ultra vires, (2006) 5 SCC 330-F

Trusts and Trustees

Bombay Public Trusts Act, 1950 (29 of 1950)

— Applicability of provisions of, to State of Maharashtra and State of Gujarat, (2006) 5 SCC 330-G