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1992 Supreme(Bom) 390

A.A.HALBE
Lahudas Sambhaji Karad – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.A. HALBE, J. :---In both these writ petitions, the judgment of the Joint Charity Commissioner, passed in Application No. 3/1992, has been impugned on the ground that under section 41-A of the Bombay Public Trusts Act, 1950, the Joint Charity Commissioner has no powers to interfere with the process of election to the Governing Council of the public trust, set in motion on the grounds stated in his order dated 14-5-1992 in Appln. No. 3/1992 and hence both these writ petitions are disposed of by the common judgment. The question posed is what are the parameters of section 41-A of the said Act. Section 41-A reads as under :

"Sec. 41-A :---(1) Subject to the provisions of this Act, the Charity Commissioner may from time to time issue directions to any trustee of a public trust or any person connected therewith, to ensure that the trust is properly administered, and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust; and the Charity Commissioner may also give directions to the trustees or such person if he finds that any property of the trust is in danger of being wasted, damaged, alienated or wrongfu
















































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