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N. J. JAMADAR
Bhagwan Pandurang Khedekar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Though these Petitions assail distinct orders passed by the Assistant Charity Commissioner, Pune, yet the genesis of the impugned orders being common, both these Petitions are proposed to be decided by this common judgment.
2. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.
3. The background facts necessary for determination of these Petitions can be summarized as under :
3.1 Shri Sadguru Santvarya Yogi Raj Shankar Maharaj Samadhi Trust, Pune– Respondent No.3, in Writ Petition No.6212 of 2022, is a Public trust registered under the Maharashtra Public Trusts Act, 1950 (the Act of 1950). A scheme came to be settled by the Assistant Charity Commissioner, Pune in suo motu Scheme proceeding No.30 of 1968 along with Scheme Application No.5 of 1969 for the administration and management of the said trust. Under the Scheme, the number of trustees was to be not less than 5 and more than 7. One of whom was to be always from the family of late Pannalal Balkishan Malpani. Under the said Scheme, the first board of trustees was appointed. The Scheme, inter alia, provided for the mode of succession to the office of the trustee
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....
The exercise of jurisdiction under Section 47 of the Maharashtra Public Trusts Act, 1950, by the Charity Commissioner is subject to specific conditions precedent, including the absence of a validly c....
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 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....
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