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2009 Supreme(Bom) 1654

A.P.BHANGALE
Ajit Shankarrao Deshmukh – Appellant
Versus
Joint Charity Commissioner, Civil Lines – Respondent


Advocates appeared:
For the Appellants:Rohit Deo, Advocate. For the Respondent: K.H. Deshpande, Sr.counsel. For the Intervenor:V.K. Paliwal, Advocate.

Judgment :

1. By this Appeal filed under section 47 (5) of the Bombay Public Trusts Act, 1950 ( hereinafter referred to as “the Act of 1950”), the appellants challenge the order dated 19.3.2009 passed in Application No. 20 of 2008 by the learned Joint Charity Commissioner, Nagpur, whereby an application under section 47 (1) of the Act of 1950 for appointment of trustees so as to manage the administration of the Ideal Education Society, Umred Dist. Nagpur { bearing Public Trust Registration No. F 164 (N)} was allowed, with necessary directions to newly appointed nine trustees ( i.e. Respondent Nos. 2 to 10) for management of the said Public Trust and its property in accordance with rules and regulations and Memorandum of Association.

2. It is not in dispute that the aforesaid Public Trust was formed and registered with the aim and object to impart education from elementary stage to highest possible standards for students in the area of Umred Tahsil. The Trust is also running a Junior College, by name, Nutan Adarsha Arts, Commerce & Smt. M H Wajed Science College, New Ideal High School and New Ideal Girls’ High School at Umred.

3. The facts of the case,in brief, are these:

As far b






















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