section 56
Court's power to hear application.
The Bombay Public Trusts Act, 1950Chapter VII OTHER FUNCTIONS AND POWERS OF CHARITY COMMISSIONER.
(1) On such application being made, the court after hearing the parties and making an inquiry shall decide the matter and shall give directions. In giving the directions, the court shall, so far as may be expedient, practicable desirable necessary or proper in public interest, give effect to the original intention of the author of the public trust or the object for which the public trust was created. If the Court is of opinion that the carrying out of such intention or object is not wholly or partially expedient, practicable, desirable necessary or proper in public interest the court may direct the property or income of the public trust or any portion thereof to be applied cypres to any other charitable or religious object. In doing so, it shall be lawful for the court to alter any scheme already settled or to vary the terms of any decree or order already passed in respect of the public trust or the conditions contained in the instrument of the public trust. (2) Any decision or order passed by the court under sub-section (1) shall be deemed to be a decree of such court and an appeal shall lie therefrom to the High Court.
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