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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "charity commissioner"

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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,...

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 ...

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 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 Allows Letters Patent Appeal in Trust Property Dispute — Upholds Maintainability of Writ Petition Against Private Developer. Court holds that a writ petition under Article 226 is maintainable against a private party acting as a trustee or in a public capacity, and that the Charity Commissioner's order under Section 36 of the Bombay Public Trust Act, 1950 is amenable to writ jurisdiction.

30 Nov -0001

The case involves two Letters Patent Appeals (LPA No. 101 of 2012 and LPA No. 102 of 2012) filed by Raunak Corporation, a partnership firm, against an...

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...

High Court

Bombay High Court Upholds Removal of Trustees for Mismanagement of Public Trust. Trustees Failed to Maintain Accounts and Misappropriated Trust Funds, Violating Sections 41A, 41D, 50 of Maharashtra Public Trusts Act, 1950.

30 Nov -0001

The case involves two writ petitions filed against the order of the Joint Charity Commissioner, Nagpur, dated 30th June 2003, removing the trustees of...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Dismisses Letters Patent Appeal Against Charity Commissioner's Enquiry Order in Trust Misappropriation Case. Res Judicata Not Applicable as Earlier Enquiry Was Not a Proper Enquiry on Merits.

29 Aug 2012

The case involves a Letters Patent Appeal filed by Rustomjee Kerawalla Foundation against an order of the Learned Single Judge dated 31 July 2012. The...

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