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High Court

Bombay High Court Allows Writ Petitions Challenging Deputy Charity Commissioner's Order Directing Elections Based on Disputed Membership List. The court held that the Deputy Charity Commissioner exceeded jurisdiction under Section 41A of the Maharashtra Public Trusts Act, 1950, by deciding membership disputes, which must be adjudicated under Section 22 of the Act.

6 Nov 2023

The judgment concerns two writ petitions challenging an order dated 09.10.2023 passed by the Deputy Charity Commissioner, Latur, in Enquiry No. 538 of...

High Court

Bombay High Court Dismisses Second Appeals in Charity Trust Dispute Due to Abatement and Lack of Substantial Question of Law. The appeals against orders dismissing MJCs as abated were dismissed as no substantial question of law arose and the appellant failed to bring legal representatives on record within limitation.

21 Feb 2023

The appellant, Dr. Kiran Ajaykumar Agrawal, filed two second appeals (SA 471/2008 and SA 473/2008) in the Bombay High Court, Nagpur Bench, challenging...

High Court

Bombay High Court Allows Trust to Sell Land for Temple Development Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1958. Joint Charity Commissioner's Rejection Set Aside for Non-Application of Mind.

14 Jul 2022

The Petitioner, a registered charitable trust under the Maharashtra Public Trusts Act, 1958, sought permission under Section 36(1)(a) of the Act to se...

High Court

Bombay High Court Dismisses Appeal Challenging Removal of Trustees Under Bombay Public Trust Act, 1950 — Upholds Charity Commissioner's Order for Mismanagement and Misappropriation of Trust Funds. The court held that findings of fact based on evidence cannot be interfered with in second appeal unless perverse, and that principles of natural justice were complied with.

17 Sep 2020

The present appeal arises from the dismissal of a proceeding under Section 41-D(5) of the Bombay Public Trust Act, 1950 by the District Judge-II, Nagp...

High Court

Bombay High Court Quashes Charity Commissioner's Order in Trust Management Dispute — Resolution of Trust Cannot Be Ignored Without Proper Inquiry. Section 41A of Maharashtra Public Trusts Act, 1950 does not empower the Charity Commissioner to decide title or validity of resolutions without hearing all parties.

13 Mar 2020

The petitioners, trustees of a registered public trust, challenged an order dated 16.04.2018 passed by the Assistant Charity Commissioner under Sectio...

High Court

Bombay High Court Allows Writ Petition Challenging Joint Charity Commissioner's Order Dismissing Appeal Under Section 70 of Maharashtra Public Trusts Act, 1950 — Remands Matter for Fresh Consideration on Grounds of Non-Application of Mind and Violation of Natural Justice. The court held that the appellate authority must apply its mind to the merits and cannot dismiss an appeal without considering the grounds raised.

25 Jul 2019

The petitioners, five individuals, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an or...

High Court

Bombay High Court Allows Second Appeals in Society Management Dispute — Upholds Validity of Election of President and Sets Aside District Judge's Order. The Court held that the District Judge exceeded jurisdiction under Section 72 of the Bombay Public Trust Act, 1950 by deciding title and possession issues beyond the scope of the inquiry.

12 Feb 2014

The case involves a dispute between the appellants and respondents over the control and management of 'Shree Ambika Education Society, Gawha', a socie...

High Court

Bombay High Court Dismisses Petition Challenging Charity Commissioner's Order in Trust Dispute. Application under Section 41D of Bombay Public Trusts Act, 1950 for removal of trustees dismissed as not maintainable due to lack of compliance with statutory requirements.

14 Mar 2012

The petitioner, Shri Mukund Waman Thatte, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order date...

High Court

Bombay High Court Dismisses Petition Challenging Sale of TDR by Public Trust Without Charity Commissioner's Permission. Transferable Development Rights (TDR) Held to be Movable Property, Not Requiring Permission Under Section 36(1)(c) of Bombay Public Trusts Act, 1950.

23 Jun 2011

The petitioners, Sadoday Builders Private Ltd. and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

High Court

Bombay High Court Dismisses Contempt Reference Against Respondent for Alleged Scandalous Allegations Against Deputy Charity Commissioner. Statements Made at Press Conference Were Not Contemptuous as They Did Not Interfere with Administration of Justice and Were Made in Public Interest.

10 Oct 2006

The case involves a reference under Section 15(2) of the Contempt of Courts Act, 1971, made by Shri B.M. Khodade, the then Deputy Charity Commissioner...

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