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Bombay High Court Quashes Assistant Charity Commissioner's Order Staying Elections Under Section 41A of Maharashtra Public Trusts Act, 1950. Section 41A Cannot Be Used to Interfere with Mid-Election Process; Election Disputes Must Be Resolved Through Change Reports.

The case involves a public trust, Shree Durga Mandir Sarvajanik Devasthan Vishwasta Mandal, Nagpur. Respondent Nos. 2 and 3, claiming to be appointed ...

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Bombay High Court Quashes Provisional Acceptance of Change Report in Trust Dispute Due to Non-Application of Mind and Delay Beyond Statutory Period. Section 22(2) of Maharashtra Public Trusts Act, 1950 requires provisional acceptance within 15 days of change report; order passed after 5 months is invalid.

The petitioner, Banjara Shikshan Prasarak Mandal, Balsur through its Secretary Gulabdas Nandu Chavan, filed a writ petition challenging two orders: (1...

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Supreme Court Dismisses Appeal in HR & CE Act Case — Bagyammal Trust Held to be a Specific Endowment. Deed of Settlement dated 4 June 1926 created a public charitable trust for temple purposes, falling under Section 6(19) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

The appeal arose from a judgment of the Madras High Court which reversed the trial court's decree in favor of the appellant. The appellant, W. N. Alla...

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Bombay High Court Allows Appeal in Trust Scheme Matter Due to Violation of Natural Justice - ACC Failed to Verify Service of Notice on Existing Trustees Before Framing New Scheme Under Section 50A of Maharashtra Public Trusts Act, 1950.

The appeal arose from an order of the Assistant Charity Commissioner (ACC) dated 29 May 2009 framing a new scheme for the management of the Shikshan P...

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Bombay High Court Allows Appeal in Trust Property Dispute — Revision Under Section 70A of Bombay Public Trusts Act, 1950 Filed After 30 Years Held Not Maintainable. Revisional Power Must Be Exercised Within Reasonable Time Even When No Limitation Is Prescribed.

The Bombay High Court dealt with two appeals arising from a dispute between two trusts named after Mahatma Gandhi. The appellant, Maharashtra Gandhi S...

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Bombay High Court Dismisses Second Appeals in Property Dispute Involving Shivaji Education Society. Court upholds concurrent findings of fact that the suit properties were not trust properties and that the plaintiffs failed to prove their title.

The case involves four second appeals filed by the appellants, who are office bearers of Shivaji Education Society, against the respondents. The dispu...

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Bombay High Court Allows Appeal in Suit for Specific Performance of Agreement to Sell — Plaintiff Fails to Prove Readiness and Willingness. Agreement to Sell Dated 2004 Not Enforceable as Plaintiff Did Not Show Financial Capacity or Deposit Balance Consideration.

The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004....