Search Results for "Rule 41A"

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Search Results for "Rule 41A"

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High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Trust Dispute — Violation of Natural Justice and Lack of Jurisdiction. Court holds that the Charity Commissioner exceeded jurisdiction under Section 41A of the Maharashtra Public Trusts Act, 1950 by adjudicating title disputes without proper notice and hearing.

23 Dec 2025

The petitioners, who are trustees of a public trust, filed a writ petition challenging an order passed by the Charity Commissioner under Section 41A o...

High Court

High Court of Karnataka Quashes Arrest and Remand in GST Case for Non-Compliance with Section 35(3) BNSS Notice Requirement. Failure to Issue Mandatory Notice Under Section 35(3) BNSS Before Arrest Renders Arrest Illegal and Proceedings Vitiated Under Section 69(1) Read with Sections 132(1)(a), 132(1)(b), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017.

12 Mar 2025

The petitioner, Viral Narendra Gosalia, a proprietor, was arrested by the Senior Intelligence Officer, Directorate General of Goods and Services Tax I...

High Court

Bombay High Court Allows Petition of Teacher Seeking Approval for Transfer from Unaided to Aided Division in Primary School. D.Ed. Qualification Held Valid for Assistant Teacher Post Under MEPS Act, 1977.

26 Nov 2020

The petitioner, Anand Gangadhar Kumdale, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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 Dismisses Writ Petition Challenging Charity Commissioner's Order in Society Dispute — Petitioners Failed to Show Violation of Principles of Natural Justice or Jurisdictional Error. The court held that the Joint Charity Commissioner had jurisdiction to decide the application under Section 41A of the Maharashtra Public Trusts Act, 1950 and that the petitioners were given adequate opportunity of hearing.

25 Mar 2019

The petitioners, twenty individuals claiming to be members of the Talha Education and Welfare Society, filed a writ petition under Article 226 of the ...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

Bombay High Court Dismisses Writ Petition Challenging Charity Commissioner's Order Under Maharashtra Public Trusts Act, 1950 — Trustees' Appointment Upheld as Valid and Not Contrary to Trust Deed. The Court held that the Charity Commissioner has wide powers under Section 41A to appoint trustees for proper administration of the trust, and the order was passed after considering the trust deed and hearing the parties.

27 Feb 2019

The petitioners, who were trustees or members of the Shri Maganlal Himatram Barfiwala Charity Trust, filed a writ petition under Article 226 of the Co...

High Court

Bombay High Court Allows Refund of Service Tax on Onsite Work at Customer's Premises Under Export of Service Rules, 2005. The court held that onsite work at customer's premises abroad qualifies as 'Service Provided from India' under Rule 3(2)(a) of the Export of Service Rules, 2005, and the appellants are entitled to refund of service tax paid.

15 Sep 2014

The case involves appeals by Tech Mahindra Limited and other assessees against the order of the Customs, Excise and Service Tax Appellate Tribunal (CE...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Trust Dispute Due to Lack of Jurisdiction. Civil Court Cannot Entertain Suit Relating to Public Trust Administration When Exclusive Remedy Lies Before Charity Commissioner Under Sections 80 and 50 of Bombay Public Trust Act, 1950.

4 Oct 2013

The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking various reliefs against the trustees of Respondent No.3 Tru...

High Court

Bombay High Court Allows Trustees' Petition Challenging Charity Commissioner's Order in Public Trust Dispute — Appointment of New Trustees Set Aside for Violation of Natural Justice and Lack of Compliance with Section 41A of Maharashtra Public Trusts Act, 1950. The court held that the order was passed without giving an opportunity of hearing and without following the procedure under Section 41A, and directed the Charity Commissioner to pass a fresh order after hearing all parties.

30 Nov -0001

The petitioners, who were trustees of a public trust, challenged an order dated 30/09/2024 passed by the Joint Charity Commissioner, Nashik, appointin...

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