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Search Results for "Charity Commissioner refusal"

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High Court

Bombay High Court Allows Writ Petitions Challenging Charity Commissioner's Order in Trust Dispute — Remands Matter for Fresh Consideration on Maintainability of Application under Section 41A of Maharashtra Public Trusts Act, 1950. The court held that the impugned order was passed without proper application of mind and in violation of principles of natural justice, and directed the Joint Charity Commissioner to decide the application afresh.

3 Sep 2025

The judgment arises from two writ petitions and an interim application challenging an order dated 30 January 2023 passed by the Joint Charity Commissi...

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 Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts.

10 Aug 2021

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registr...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Charity Commissioner's Scheme in Trust Dispute. Court upholds exclusive jurisdiction of Charity Commissioner under Section 50 of Maharashtra Public Trusts Act, 1950 to frame scheme for public trust.

5 Oct 2018

The petitioners, who were trustees of a trust, filed writ petitions challenging the order of the Joint Charity Commissioner framing a scheme for the m...

High Court

Bombay High Court Dismisses Writ Petition Challenging Charity Commissioner's Orders in Public Trust Property Lease Dispute. Court upholds Joint Charity Commissioner's refusal to sanction lease of trust agricultural land for non-agricultural purpose under Section 36 of Maharashtra Public Trusts Act, 1950.

6 May 2016

The petitioners, who claimed to be agriculturists and interested in taking agricultural land on lease from the respondent trust, filed a writ petition...

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 Upholds Joint Charity Commissioner's Direction to Amend Trust Constitution Under Section 41A of Bombay Public Trust Act, 1950 — Trustees Voluntarily Agree to Consider Amendment, Rendering Their Challenge Infructuous.

13 Oct 2006

The judgment concerns two writ petitions arising from an order of the Joint Charity Commissioner, Amravati, under Section 41A of the Bombay Public Tru...

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 Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

30 Nov -0001

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

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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