SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2002 Supreme(Bom) 37

R.S.MOHITE
Ramdas s/o Shivaji Sakhare and others – Appellant
Versus
Karuji s/o Dago Ambade and others – Respondent


JUDGMENT - R.S. MOHITE, J.:---Heard the learned Advocates for the parties.

2. Rule. By consent, rule is made returnable forthwith.

3. This is a writ petition challenging an order dated 26-7-2001 passed by the Assistant Charity Commissioner, Gadchiroli, by which, while deciding two applications under section 41-A of the Bombay Public Trusts Act, 1950, filed by opposing parties, he has chosen to give a direction appointing an ad hoc committee to manage and administer the trust (Bouddha Mahasabha Korchi, District-Gadchiroli), which is a duly registered trust.

4. I have seen the prayers in both the applications under section 41-A of the Bombay Public Trusts Act, 1950, being Application Nos. 120 of 2001 and 121 of 2001. In neither of these applications, there is any prayer for direction of appointment of an ad hoc committee. Apart from this, on a plain reading of section 41-A of the Bombay Public Trusts, Act, it is evident that the Charity Commissioner can only issue directions to any trustee of a Public Trust or any person connected therewith.

5. The Bombay High Court has in the case of (Asaram Bhimrao Shinde v. State of Maharashtra)1, reported in 2002(3) Bom.C.R. 16, categorically hel








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top