Case Note & Summary
The appeal was filed by the appellants aggrieved by an order passed by the Joint Charity Commissioner on an application under Section 47 of the Bombay Public Trust Act, 1950. The dispute pertains to a Trust known as 'Saibaba Seva Mandal, Nagpur'. There have been long-standing disputes between the trustees, and applications for change are pending. The appellants challenged the order of the Joint Charity Commissioner. The court, after hearing the parties, found no merit in the appeal and dismissed it. The court held that the Joint Charity Commissioner had jurisdiction to entertain the application and the order was proper. The appeal was dismissed with no order as to costs.
Headnote
A) Trust Law - Section 47 Bombay Public Trust Act, 1950 - Jurisdiction of Charity Commissioner - The court considered whether the Joint Charity Commissioner had jurisdiction to entertain an application under Section 47 of the Bombay Public Trust Act, 1950, regarding change reports. The court held that the Commissioner has jurisdiction to decide such applications and the order was proper. (Paras 1-3)
Issue of Consideration
Whether the Joint Charity Commissioner had jurisdiction to entertain an application under Section 47 of the Bombay Public Trust Act, 1950, and whether the order passed was proper.
Final Decision
The appeal is dismissed. No order as to costs.
Law Points
- Section 47 of Bombay Public Trust Act
- 1950
- Change report
- Trustees' dispute
- Charity Commissioner's jurisdiction
Case Details
2010 LawText (BOM) (03) 166
First Appeal No.86 of 2009
Shri A.S. Jaiswal for appellants, Shri A.M. Gordey for respondents 1,3,5 to 7, Shri R.S. Dhote for respondent 2, Shri S.K. Mishra for respondent 4, Smt. R.A. Wasnik AGP for respondent 8
Avinash Ganpatrao Shegaonkar and others
Shri Jayawant @ Babasaheb s/o Vishwanath Uttarwar and others
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Nature of Litigation
Appeal against order of Joint Charity Commissioner under Section 47 of Bombay Public Trust Act, 1950
Remedy Sought
Setting aside the order of the Joint Charity Commissioner
Filing Reason
Appellants felt aggrieved by the order passed by the Joint Charity Commissioner on an application under Section 47 of the Bombay Public Trust Act
Previous Decisions
Joint Charity Commissioner passed an order on an application under Section 47 of the Bombay Public Trust Act
Issues
Whether the Joint Charity Commissioner had jurisdiction to entertain an application under Section 47 of the Bombay Public Trust Act, 1950?
Whether the order passed by the Joint Charity Commissioner was proper?
Submissions/Arguments
Appellants argued that the order of the Joint Charity Commissioner was improper.
Respondents supported the order of the Joint Charity Commissioner.
Ratio Decidendi
The Joint Charity Commissioner has jurisdiction to entertain an application under Section 47 of the Bombay Public Trust Act, 1950, and the order passed was proper.
Judgment Excerpts
This appeal is preferred by the appellants feeling aggrieved by the order passed by the Joint Charity Commissioner on an application under Section 47 of the Bombay Public Trust Act filed by the respondents.
The facts giving rise to this appeal are as follows There is a Trust known as 'Saibaba Seva Mandal, Nagpur'. There are disputes between the trustees since long. Applications for change are also pending.
The appeal is dismissed. No order as to costs.
Procedural History
The Joint Charity Commissioner passed an order on an application under Section 47 of the Bombay Public Trust Act, 1950. The appellants, feeling aggrieved, filed the present appeal before the High Court.
Acts & Sections
- Bombay Public Trust Act, 1950: Section 47
