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...maintainable without prior permission of the Charity Commissioner as required under Section 50 of the Bombay Public Trust Act?[3] Whether in view of ...the provisions of the Bombay Public Trusts Act [herein after referred to as “the Act” for brevity], the property of the trust vest in the trustees and the trust...Public Trust Act applicable for State of Gujarat only Section 41A of the said Act intended for State of Maharashtra could be pressed in service in the facts and circumst...
...respondent Nos. 2 and 3 submitted that he has filed application under Section 41-E of the Bombay Public Trust Act to prevent waste or damage to the property of the ...is also a party. This writ petition is filed challenging the orders under Section 41-D of the Bombay Public Trust Act. The petition is already admitted and interim order is also passed. T...keeping the proceeding under Section 41-E pending before the learned Jt. Charity Commissioner. Mr. Gode, the learned counsel for the respondent agrees that he will withdraw the proceeding under...
...application filed by the petitioner, came to the conclusion that the petitioner prayed for prohibited directions against the non-applicants therein and the same does not come within the purview of Section 41-A of t..., dismissed the Application No. 272 of 1998 which came to be filed by the petitioner under Section 41-A of the Bombay Public Trust Act seeking direction against the non-applicant....
5. The objection of the non-applicants was that the relief sought by the petitioner/applicant does not come within the ambit of Section 41 of the Bombay ...
...1993) under Section 41-E of the Bombay Public Trusts Act which was filed by the very same petitioners. In view of this, it is not clear as to how the learned Joint Charity Commis...13.04.1999, rejecting petitioners' application under Section 41-D of the Bombay Public Trust Act for removal of respondent No.2 V. H. Sanghani from trusteeship, on the ground tha...
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH, NAGPUR...
...
respondent/orig.plaintiff no.2 and during the pendency of the change reports, an application being Application No. 11/06 under Section 41-E of the Bombay ..., Latur disposed of the said Application No. 11/06 under Section 41-E of the B.P.T. Act rejecting injunction sought by the respondent against the petitioners
2...have averred that in the said suit for perpetual injunction, similar issue as that in the Application No.11/06 u/s 41-E of the B.P.T. Act, which has been decided by the Joint Charity Commissioner...
....6. The Trust filed an application under Section 41-E of the Bombay Public Trusts Act, 1950 before the Joint Charity Commissioner, Pune seeking prohibi...P. Sathasivam, J.— Leave granted. This appeal is directed against the final order dated 19-9-2011 passed by the High Court of Judicature of Bombay in..., Respondent 2 herein is the original complainant and is a trustee of Pawan Gandhi Charity Trust (in short “the Trust”) working for the upliftment of economically and socially impoverished sections of the...
...filed an application being Application No. 11 of 1987 under section 41-E of the Bombay Public Trust Act, 1950 before the Charity Commissioner,...of the Charity Commissioner, dismissed the application by his judgment and order dated 16th May, 1989. The said application under section 41-E of the Bombay Public ...heard along with the Revision Application No. 12 of 1987 made under section 70-A of the Bombay Public Trust Act by these appellants and also Revision Applicatio...
...9. The applicants filed an application being Application No. 11 of 1987 under section 41-E of the Bombay Public Trust Act, 1950 before the Cha...record of the office of the Charity Commissioner, dismissed the application by his judgment and order dated 16th May 1989. The said application under section 41-E of the ...heard along with the Revision Application No. 12 of 1987 made under section 70-A of the Bombay Public Trust Act by these appellants and also...
...collecting the offerings offered to the said deity during the said Navratra Mahotsav. The Masares therefore filed an application on 5thOctober, 1988 under section 41-E of the Bombay ...the said application which was filed under section 41-E of the Bombay Public Trust Act. The Joint Charity Commissioner, Pune granted ad- interim injunction in favour of ....
16. On 22ndSeptember, 1989, the learned Joint Charity Commissioner passed a common judgment and order in the Application No.15 of 1988 filed under section 41-E and Applic...
...collecting the offerings offered to the said deity during the said Navratra Mahotsav. The Masares therefore filed an application on 5thOctober, 1988 under section 41-E of the Bombay ...the said application which was filed under section 41-E of the Bombay Public Trust Act. The Joint Charity Commissioner, Pune granted ad- interim injunction in favour of ....
16. On 22ndSeptember, 1989, the learned Joint Charity Commissioner passed a common judgment and order in the Application No.15 of 1988 filed under section 41-E and Applic...
...Commissioner exercises the judicial, quasi- judicial and administrative jurisdiction while acting under the provisions of Bombay Public Trust Act.
8. It may be stated th...Sambhaji Karad, etc. Vs State of Maharashtra and others 1993 (1) Mah.L.R. 624, it was held that enquiries under Section 22 of the Bombay Public Trust Act, ...petitioner No. 2 is another Trustee of the said trust. The respondent No. 4 filed Change Report Nos. 607 of 2015 and 866 of 2015 under Section 22 of the Maharashtra Public Trust ...
...the trust.7. It is apropos to consider the scheme of Chapter-VI of the Bombay Public Trust Act, 1950. Section 41-A to section ...Patil and Popat Jairam Patil filed applications under section 41-A of the Bombay Public Trust Act, 1950 Page: 79hereinafter referred to as the said Act...to interfere with the process of elections to Governing Council of the public trust under section 41-A or 41-E of the said Act.(12...
...preferred against that order was subsequently transferred to Nashik office. That Appeal No. 30 of 2001 was also dismissed on 15.1.2002. Even the application filed by plaintiffs under Section 41(e) of the ...defendants. This
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suit was filed under Section 50 of the Bombay Public Trust Act (hereinafter referred to ...) BCJ. 550].
Learned counsel for respondent nos. 1 and 2 submits that this suit is filed under Section 50 of the Maharashtra Public Trust Act after...
....Facts:—2. The respondents filed an application under section 41-E of the Bombay Public Trusts Act. 1950 before the Joint Charity Co...counsel for petitioners has vehemently submitted that the learned Joint Charity Commissioner has exceeded in its jurisdiction by issuing impugned order under section 41-E of the Bombay ...reproduce section 41-E of the Bombay Public Trusts Act, 1950, hereunder:—“41-E. (1) Where it is brought to the notice ...
...can also be referred, wherein in paragraphs 6 and 7 it has been observed thus:6. It is apropos to consider the scheme of Chapter-VI of the Bombay Public Trust Act,...under section 41-A of the Bombay Public Trusts Act and it is only to make the respondent No. 1 to go ahead with the control of the trust with impunity...issued under section 41-A of the Bombay Public Trust Act, cannot be a subject-matter of appeal before the Joint Charity Commissioner, as the appeal is...
...the Joint Charity Commissioner. Under Section 70 of the Bombay Public Trust Act, except those sections which are enlisted in sub clause (a), (b), (b- 1),(c), (d) and (e) the findings are ...trust is exclusively within the powers of the Deputy Charity Commissioner under Section 41-A of the Bombay Public Trust Act. The learned counsel submits that under ...Section. The learned counsel submits that except Section 41-A of the Bombay Public Trust Act, Charity Commissioner has no power to Page No. 6of 17
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...to the appellate order of the District Court.Sub-section (1) of Section 41-E of the Bombay Public Trusts...judicial proceedings. Rule 7 of the Bombay Public Trusts Rules, 1951 (for short “the B.P.T Rules, 1951) also mentions all these provisions except section 41-A of the B.P.T ...provision of section 41-A of the Bombay Public Trusts Act, 1950, and the directions issued by the Charity Commissioner thereunder are adjudicatory of a...
...is the Joint Charity Commissioner whose order dated 15th September, 2004 passed on an application filed by the petitioners herein under section 41-E of the Bombay Public Trusts Act, 1950 ...section 41-E of the BPT Act. Section 50 provides for mechanism for filing of a suit by or against or relating to the public trust, trustees o...that the wording of section 7(1) of Bombay Government Premises (Eviction) Act is more explicit but that does not mean that the wording of ...
...would not behave like ordinary landlords. The special privileges, powers and benefits were statutorily conferred on the Bombay Port Trust by Section 4 of the aforesaid Act. It had those rights due to its...authorities were exempted from the operation of the Rent Act. This privilege was given to the Port Trust authorities, it was submitted, on the assumption that it would act in public interest, and...the nature of the body performing the functions is not determinative of public law or private law character of the action taken. He contended that since the provisions of the Bombay Rent ...
...section 11 of the Income Tax Act, 1961?”2. The assessee is a Charitable Trust. For Accounting Year ending 31-12-1984 ...accounts was authorised by the Bombay Public Trust Registration Office. The assessee is a Charitable Trust registered under the Bombay Public Trust Act....income assessable under section 11 to section 13 of the Income Tax Act as the income of the Charitable Trust was n...