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1980 Supreme(Bom) 7

S.C.PRATAP
Jagdishchandra Popatlal Dodhiwala – Appellant
Versus
Khandesh Education Society &others – Respondent


JUDGMENT - S.C. PRATAP, J.: This petition under Article 227 of the Constitution challenges the order passed by the learned Assistant Judge, Dhule, below Miscellaneous Civil Application No. 6 of 1978 preferred by the Board of Trustees of a public trust Khandesh Education Society for opinion, advice or directions under section 56-A of he Bombay Public Trusts Act, 1950 (hereinafter the Act). The very short but rather interesting question arising herein and on which, I am informed by the learned Advocates, there is no direct authority of this Court is:

"What is the scope and content of section 56-A of the Act and what are the limitations thereunder ?"

It is needless to narrate all the facts, circumstances and the unfortunate controversies between the parties. Suffice to note that section 56-A application in this case sought directions on:

(a) Whether it would be proper to convene an annual general meeting during the pendency of an injunction order and/or during the pendency of a writ petition;

(b) whether an annual general meeting as contemplated in the Constitution could be lawfully held without publishing or holding the election;

(c) whether a certain group of 69 persons as also certain











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