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SANDEEP V. MARNE
Rajendra, S/o. Gulabrao Adhav – Appellant
Versus
Assistant Charity Commissioner, Parbhani – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith. With the consent of the parties, called out for final hearing. Mr. S.S. Dande, the learned AGP and Mr. Nandkumar B. Khandare, Mr. S.V. Adwant, Mr. D.J. Choudhari, the learned counsels waive notice on behalf of the respective respondents in both the writ petitions.
2. Petitioners are aggrieved by the order dated 11.01.2021 passed by the Assistant Charity Commissioner, Parbhani provisionally accepting change reported by the rival group of respondents under the provisions of sub-section (2) of Section 22 of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the ‘Act of 1950’). Petitioners in Writ Petition No.3788 of 2021 filed their objections to the order dated 11.01.2021, which has been repelled by the Assistant Charity Commissioner by his order dated 28.01.2021.
3. Considering the narrow controversy involved in these petitions, it is not necessary to narrate the chequered history of disputes between the rival groups for control over Sanjivani Education Society, a trust registered under the provisions of the Act of 1950. Several change reports were filed by the rival groups of petitioners and respondents before th
The main legal point established in the judgment is that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of the law. The court emphasized that an orde....
The main legal point established in the judgment is the obligation of the authority to provisionally accept the change report and decide the inquiry within a stipulated period, as per the provisions ....
The main legal point established in the judgment is the court's authority to set aside orders and maintain directions for the final decision of change reports within a specified time frame, consideri....
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
The main legal point established in the judgment is that the directions issued by the Joint Charity Commissioner to enroll new members were without jurisdiction and in violation of Article 19(1)(c) o....
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
Judicial officers must be allowed to act independently; dissatisfaction with decisions does not constitute grounds for alleging impropriety without substantial evidence.
The court established that the Charity Commissioner has the authority to examine the legality of membership and the validity of meetings under the Maharashtra Public Trusts Act, 1950, and that change....
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