Case Note & Summary
The petitioner, Shri Mukund Waman Thatte, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 20th July 2005 passed by the Charity Commissioner (M.S.), Mumbai in Application No.24 of 1998. The application was filed under Section 41D of the Bombay Public Trusts Act, 1950 seeking removal of trustees of Saunsthan Shree Bhargavram Parshuram, a public charitable trust. The Charity Commissioner dismissed the application. The High Court, after hearing the parties, upheld the Charity Commissioner's order, finding that the application was not maintainable due to non-compliance with the statutory requirements of Section 41D. The petition was dismissed.
Headnote
A) Trust Law - Removal of Trustees - Section 41D Bombay Public Trusts Act, 1950 - Maintainability of Application - The petitioner filed an application under Section 41D for removal of trustees. The Charity Commissioner dismissed the application. The High Court held that the application was not maintainable as the petitioner failed to comply with the statutory requirements under Section 41D. The court upheld the Charity Commissioner's order. (Paras 1-3)
Issue of Consideration
Whether the application filed under Section 41D of the Bombay Public Trusts Act, 1950 was maintainable and whether the Charity Commissioner's order dismissing it was correct.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Charity Commissioner dated 20th July 2005 dismissing Application No.24 of 1998.
Law Points
- Section 41D of Bombay Public Trusts Act
- 1950
- maintainability of application
- compliance with statutory requirements
- Article 227 of Constitution of India
Case Details
2012 LawText (BOM) (03) 58
WRIT PETITION NO.7772 OF 2005
Mr. A. A. Kumbhakoni with Mr. T. D. Deshmukh for Petitioner, Mr. S. M. Railkar for Respondent No.1, Mr. Harshad Bhadbhade for Respondent Nos.2 and 3, Ms. P. S. Carozo, AGP for Respondent No.9
Shri Sudhir Parshuram Chitale and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 227 of Constitution of India challenging order of Charity Commissioner dismissing application under Section 41D of Bombay Public Trusts Act, 1950.
Remedy Sought
Petitioner sought to challenge the order dated 20th July 2005 passed by Charity Commissioner dismissing Application No.24 of 1998.
Filing Reason
Petitioner was aggrieved by the dismissal of his application under Section 41D of the Bombay Public Trusts Act, 1950 for removal of trustees.
Previous Decisions
Charity Commissioner dismissed Application No.24 of 1998 on 20th July 2005.
Issues
Whether the application under Section 41D of the Bombay Public Trusts Act, 1950 was maintainable.
Submissions/Arguments
Petitioner argued that the Charity Commissioner erred in dismissing the application.
Respondents supported the order of the Charity Commissioner.
Ratio Decidendi
The application under Section 41D of the Bombay Public Trusts Act, 1950 was not maintainable as the petitioner failed to comply with the statutory requirements of the section.
Judgment Excerpts
By this Petition filed under Article 227 of the Constitution of India, the Petitioner has challenged the Judgment and Order dated 20th July, 2005 passed by the Charity Commissioner (M.S.), Mumbai in Application No.24 of 1998 thereby dismissing the same.
That application was filed under Section 41D of the Bombay Public Trusts Act, 1950.
Procedural History
The petitioner filed Application No.24 of 1998 under Section 41D of the Bombay Public Trusts Act, 1950 before the Charity Commissioner. The Charity Commissioner dismissed the application on 20th July 2005. The petitioner then filed the present writ petition under Article 227 of the Constitution of India before the Bombay High Court.
Acts & Sections
- Bombay Public Trusts Act, 1950: 41D
- Constitution of India: 227
