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Search Results for "section 41D"

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High Court

Bombay High Court Allows Trustees' Challenge to Charge-Sheet Under Maharashtra Public Trusts Act, 1950 — Joint Charity Commissioner's Order Quashed for Lack of Application of Mind. The Court held that the charge-sheet under Section 41D of the Act must contain specific allegations and cannot be issued mechanically without considering the trustees' explanation.

23 Jun 2023

The judgment concerns three writ petitions filed by trustees of a public trust challenging a common order dated 13.08.2021 passed by the Joint Charity...

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...

High Court

Bombay High Court Upholds Removal of Trustees in Trust Mismanagement Case Under Maharashtra Public Trusts Act. Joint Charity Commissioner's order removing four trustees for defaults under Section 41D(1)(a), (c), (d) of the Maharashtra Public Trusts Act is confirmed on appeal.

17 Jul 2019

The case involves an appeal against the judgment and order dated 17th July 2018 passed by the learned Joint Charity Commissioner, Amravati, in Applica...

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 Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950.

24 Nov 2017

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Gir...

High Court

High Court Partly Allows Appeals of Trustees Not Impleaded in Removal Proceedings Under Maharashtra Public Trusts Act — Indirect Removal Without Hearing Violates Natural Justice. Relief Granted to Three Trustees Who Were Not Parties to Original Application Despite Seeking Intervention, Setting Aside Orders Qua Them for Fair Hearing.

14 Jun 2017

The case involved a cluster of first appeals and a writ petition arising from proceedings under the Maharashtra Public Trusts Act, 1950 concerning the...

High Court

High Court of Bombay Considers Constitutional Validity of Section 41D of Bombay Sales Tax Act Inserted by Maharashtra Act XVI of 1995. Petitioners Challenge Retrospective Withdrawal of Sales Tax Deferral Incentives Under Package Scheme of Incentives, 1983, as Ultra Vires Constitution and Violative of Promissory Estoppel.

20 Aug 2016

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High Court

Bombay High Court Dismisses Sales Tax Reference by Dealer in Setoff Disallowance Case. Rule 41D of Bombay Sales Tax Rules, 1959 restricts setoff to raw materials and consumable stores, not capital assets like scientific equipment used for research and development.

10 Feb 2015

The case is a sales tax reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal date...

High Court

Bombay High Court Allows Set-Off Under Rule 41D for Export Sales of Exempted Pens. The court held that exemption notifications under Section 41 of the Bombay Sales Tax Act, 1959 do not bar the claim for set-off under Rule 41D of the Bombay Sales Tax Rules, 1959 for export sales of fountain pens and ball pens.

14 Oct 2014

The case involves two sales tax references (No.12 and 13 of 2006) filed by M/s. Anand International, a partnership concern manufacturing, selling, and...

High Court

Bombay High Court Dismisses Petition Challenging Charity Commissioner's Order in Trust Dispute. Application under Section 41D of Bombay Public Trusts Act, 1950 for removal of trustees dismissed as not maintainable due to lack of compliance with statutory requirements.

14 Mar 2012

The petitioner, Shri Mukund Waman Thatte, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order date...

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