All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

The correct option is D: Doctrine of Cy-pres.

Ratilal v. State of Bombay is a popular case on the point of the doctrine of cy-pres, which means "as near as possible". This doctrine is applied by the courts when a charitable trust becomes impossible or impracticable to carry out, and the court modifies the trust in such a way that it fulfills the general intention of the settlor as closely as possible.

In this case, the petitioner was a trustee of a public charitable trust, which was established for the purpose of feeding cows and other animals. The petitioner challenged the validity of the Bombay Public Trusts Act, 1950, which required him to register the trust and submit accounts to the Charity Commissioner. The petitioner contended that the Act violated his fundamental rights under Articles 25 and 26 of the Constitution, which guaranteed him freedom of religion and freedom to manage religious affairs.

The Supreme Court held that the Act was valid and did not infringe the petitioner's fundamental rights. The court observed that feeding animals was not an essential part of Hindu religion, and that the Act did not interfere with the religious character of the trust. The court also applied the doctrine of cy-pres and held that if any part of the trust property was taken over by the government for public purposes, the compensation paid to the trustee should be applied for similar charitable objects as near as possible to the original intention of the settlor.