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2011 Supreme(Bom) 499

A.S.OKA
Maharashtra Gandhi Smarak Nidhi – Appellant
Versus
Gandhi Smarak Nidhi (Central) – Respondent


Advocates appeared:
For the Appellant:Sugandh B. Deshmukh, Advocate.
For the Respondents:R1, J. Shekhar i/b. M/s. J. Shekhar & Co., Advocates.

Judgment :

On 18th January, 2011, this Court directed that these Appeals will be heard and disposed of finally at the stage of admission. In view of the settled law, an Appeal under Section 72(4) of the Bombay Public Trusts Act, 1950 is maintainable only on a substantial question of law. Following substantial questions of law arise in the Appeals.

(i) Whether any period of limitation is applicable for exercise of power of revision under Section 70(A) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the said Act")?.

(ii) If it is held that no period of limitation is prescribed for exercise of power under Section 70(A) of the said Act, whether the power is required to be exercised within a reasonable time from the date of passing the impugned order?

2. The learned counsel appearing for the parties were already put to notice that the Appeals will be heard on the aforesaid substantial questions of law.

3. As observed by this Court earlier, this is an unfortunate litigation between two Trusts which are founded in the name of the father of the nation. Considering the questions of law framed, it is not necessary to go into the details of the dispute between the part
































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