Search Results for "Joint Charity Commissioner jurisdiction"

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Search Results for "Joint Charity Commissioner jurisdiction"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Permission to File Suit Under Maharashtra Public Trust Act — Assistant Charity Commissioner’s Enquiry Held Limited to Existence of Prima Facie Case Under Section 51. Court Rules That Commissioner Cannot Examine Merits or Res Judicata; Only Civil Court Can Decide Whether Reliefs Can Be Granted.

11 Jun 2015

The Bombay High Court, Nagpur Bench, dismissed a writ petition filed by eleven individuals challenging an order of the Assistant Charity Commissioner,...

High Court

Bombay High Court Allows Trust's Property Alienation Under Section 36(1) of Bombay Public Trust Act, 1950 — Joint Charity Commissioner's Rejection Set Aside for Non-Application of Mind. The court held that the Commissioner must consider all evidence and cannot reject an application without proper reasoning.

30 Jun 2010

The petitioner, Terna Public Charitable Trust, filed two writ petitions challenging orders of the Joint Charity Commissioner, Latur. The first order d...

Supreme Court

Supreme Court Allows Appeal in Charity Trust Dispute — Upholds Trustee's Right to Alienate Trust Property with Charity Commissioner's Sanction. The Court held that the Bombay Public Trusts Act, 1950 does not require prior consent of all trustees for alienation of trust property; sanction of the Charity Commissioner under Section 36 is sufficient.

1 Jan 2015

The appellant, Charu Kishor Mehta, is the permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public registered trust governed by the Bo...

High Court

Bombay High Court Dismisses Petitions Challenging Refusal of Permission for Sale of Trust Property Under Section 36 of Bombay Public Trusts Act, 1950. The Court Held That the Charity Commissioner's Refusal Was Justified as the Trust Failed to Show Urgent Necessity or Benefit to the Trust.

21 Dec 2005

The judgment concerns two writ petitions challenging a common order dated 19.4.2005 passed by the Charity Commissioner, Pune, refusing permission unde...

High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Trust Dispute - Resignation Withdrawal Before Acceptance Valid. Trust President's Resignation Withdrawn Before Governing Body Acceptance; Joint Charity Commissioner's Order Quashed for Ignoring Withdrawal Letter Under Maharashtra Public Trusts Act, 1950.

5 Oct 2018

The petitioner, Dr. Yashwant S. Mashankar, was elected President of respondent No.2 Trust in 2003 for a three-year term. He tendered his resignation o...

High Court

Bombay High Court Dismisses Contempt Petition Alleging Disobedience of Charity Commissioner's Orders Under Bombay Public Trusts Act. Court Does Not Decide Whether Orders Under Section 41A Are Subject to Contempt Jurisdiction.

30 Jan 2013

The petitioners filed a contempt petition alleging willful disobedience of orders dated 28-5-2012 and 4-6-2012 passed by the Joint Charity Commissione...

High Court

Trustees’ Authority in Managing Encroached Land for Slum Rehabilitation: Bombay High Court Clarifies. Bombay High Court allows PLAINTIFFS to collaborate with developers to undertake slum rehabilitation on its encroached lands, empowering trustees under the Public Trust Act.

9 Oct 2024

1. Introduction:The plaintiffs, A. H. Wadia Trust, a public charitable trust, along with its trustees (Plaintiffs No. 2 to 5), approached the court vi...

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 Allows Appeal Against Removal of Trustee in Charity Dispute — Conviction by Foreign Court Not Automatically 'Moral Turpitude' Under Maharashtra Public Trusts Act, 1950. Court holds that conviction by a foreign court does not ipso facto constitute an offence involving moral turpitude under Section 41D of the Act without proof of the nature of the offence.

5 Nov 2014

The case involves two appeals filed by Prabodh K. Mehta against an order of the City Civil Court dated 20 July 2013. The City Civil Court had dismisse...

High Court

Bombay High Court Upholds Charity Commissioner's Discretion in Sale of Trust Property — Clause in Lease Deed Does Not Make Section 36 Permission a Mere Formality. The Court held that the Charity Commissioner must independently consider whether the sale is beneficial to the trust under Section 36(1) of the Bombay Public Trust Act, 1950, and a contractual clause cannot oust statutory discretion.

14 Sep 2011

The case involves two writ petitions filed under Article 226 of the Constitution of India challenging an order dated 08-05-2000 passed by the Charity ...

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