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Search Results for "Charity Commissioner permission"

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High Court

Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Osho Foundation Dispute — Appointment of Trustees Set Aside for Violation of Natural Justice and Trust Deed Provisions. The court held that the Charity Commissioner's power under Section 47 of the Maharashtra Public Trusts Act, 1950 must be exercised in accordance with the trust deed and after hearing all interested parties.

8 Apr 2024

The petitioner, Osho International Foundation, a public trust, challenged the order of the Charity Commissioner, Maharashtra State, dated 8 April 2024...

High Court

Bombay High Court Allows Trustees' Petition Against Joint Charity Commissioner's Order Rejecting Application for Want of Jurisdiction. Jurisdictional bar under Section 36A(3A) of Maharashtra Public Trust Act, 1950 does not apply to applications for directions regarding trust property.

11 Mar 2024

The petitioners, Dara H. Satpatiwala and Nevil M. Billimoria, are trustees of Pinnacle Global Foundation, a public charitable trust registered under t...

High Court

Bombay High Court Quashes Stamp Duty Reassessment Order Due to Violation of Natural Justice and Non-Application of Mind. Collector's order set aside for failing to consider petitioner's objections and relying on unsubstantiated ready reckoner rates without providing opportunity of hearing.

4 Mar 2024

The petitioner, Crystal Construction Company, challenged an order dated 16 September 2021 passed by the Collector of Stamps, Andheri, which adjudicate...

High Court

Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property.

20 Dec 2023

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a prop...

High Court

Bombay High Court Allows Second Appeals in Trust Dispute Over Change Reports — Remands Matter for Fresh Consideration on Merits. Court holds that the Joint Charity Commissioner failed to exercise jurisdiction under Section 41D of the Maharashtra Public Trusts Act, 1950 by not adjudicating the validity of the rival change reports and instead dismissing them on procedural grounds.

3 May 2023

The present appeals arise out of a decision of the Joint Charity Commissioner, Nagpur, allowing Change Report No.1176 of 2003 and rejecting Change Rep...

Supreme Court

Supreme Court Dismisses Appeal by Temple Idol Against Sale of Trust Property, Holds Trust is Private and Not Governed by Tamil Nadu HR&CE Act. Deed of Settlement Did Not Create a Specific Endowment in Favor of the Deity.

19 Feb 2020

The appeal arose from a judgment of the Madurai Bench of the Madras High Court dismissing the second appeal of the appellant, the Idol of Sri Renganat...

High Court

Bombay High Court Dismisses Petition Challenging Revocation of Permission to Sell Trust Property in Bombay Public Trusts Act Case — Joint Charity Commissioner's Order Upheld as Sale Not for Benefit of Trust. Permission Under Section 36(1)(b) of Bombay Public Trusts Act, 1950 Revoked Under Section 36(2) Due to Non-Compliance and Lack of Benefit to Trust.

11 Apr 2014

The petitioner, M/s. Arole Construction Pvt. Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

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 ...

High Court

Bombay High Court Allows Appeal in Trust Property Dispute — Appellants' Suit for Declaration of Rights as Trustees and Members Not Barred by Limitation. Continuous possession and management of trust property by appellants established their status, and the suit was held to be within limitation under Sections 10, 14, and 22 of the Limitation Act, 1963.

30 Nov -0001

The appellants, ten individuals, filed a suit in the civil court seeking a declaration that they are trustees and members of the Conference of Churche...

High Court

Bombay High Court Dismisses Petitions Challenging Lease of Trust Property by Trustees, Upholding Validity of Lease Under Section 36 of Bombay Public Trusts Act, 1950. Court holds that trustees have power to lease trust property for a term exceeding one year with sanction of Charity Commissioner, and that the lease in question was validly granted.

30 Nov -0001

The judgment involves two writ petitions filed in the Bombay High Court. The first petition (WP No. 1486 of 1994) was filed by M/s. N.D. Construction,...

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