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KRISHNA S. DIXIT, VIJAYKUMAR A. PATIL
Paschim Vibhag Shikshana Mandal – Appellant
Versus
Paschim Vibhag Shikshana Mandal – Respondent
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
This appeal arises from a common judgment dated 01.12.2021, whereby a learned Single Judge of this court has dismissed appellants’ two cases i.e., W.P.Nos.77680/2013 & 101972/2017 and allowed W.P.No.81667/2013 filed by the contesting respondent- Society, represented by its President Sri.Gundu Sonu Bhaskar and its Secretary Sri.Arjun Krishna Nilajkar.
1.1 The operative portion of the above common judgment for the purpose of ease of understanding is reproduced below:
23.1.2. WP No.81667/2013 is allowed a certiorari is issued the order dated 04.03.2013 by the learned Principal District Judge, Belgaum in Miscellaneous Petition No.295/2012 as per Annexure-P and order dated 09.07.2013 on I.A.No.II in Miscellaneous Case No.295/2012 as per Annexure-S are hereby quashed.
23.1.3. WP No.101436/2018 is disposed with a direction that the society forward the claim as regards the amounts due to respondent No.7 therein to the concerned at te authorities and to ensure that the due payments are made to respondent No. 7.
23.1.4. The District Registrar is directed to conduct an enquiry int
The court established that registration of a society with a name identical to an existing society is prohibited under Section 7 of the Karnataka Societies Registration Act, 1960.
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
A society registered under the Societies Registration Act, 1860 is not required to register under the Chhattisgarh Public Trusts Act, 1951 to maintain a suit as a public trust.
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
The inquiry held by Deputy or Charity Commissioner under Section 19 is by no means an administrative or an executive inquiry The rules framed under the Act called the Bombay Public Trusts Rules 1951 ....
Charity Commissioner under Maharashtra Public Trusts Act lacks jurisdiction to direct deletion of words suggesting government patronage from public trust names; remedy under Emblems Act if misleading....
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
Registration of public trusts is mandatory for enforcement of rights, regardless of the testamentary document's date.
The court affirmed that interested persons in public trust matters have the right to join proceedings, and the concept of abatement does not apply, ensuring that inquiries can continue effectively.
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