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MANGESH S. PATIL, S. G. CHAPALGAONKAR
Sameer Kiran @ Raghoba Bhopi – Appellant
Versus
Joint Charity Commissioner, Aurangabad – Respondent
ORDER :
1. Heard both sides.
2. Though the petitions have been filed by two individuals separately, they are impugning the selfsame order passed by the learned Joint Charity Commissioner - respondent no. 1, Aurangabad in Miscellaneous Application no. 1003 of 2019 dated 16-10-2019 in the matter of Shree Renuka Devi Sansthan, Mahur (hereinafter referred to as “the Trust”) Taluka - Mahur, District - Nanded, PTR no. A-2185 (Nanded) which is registered as a public trust under the provisions of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the “P.T. Act”) thereby accepting the report submitted by the four ex-officio trustees out of 11 trustees, recommending re-appointment of four trustees and replacing the present petitioners and one more viz. Bhavanidas Renukadas Bhopi by some other individuals who are the respondent Nos. 14 to 16 in writ petition no. 13850 of 2019 and respondent nos. 9 to 11 in writ petition no. 14312 of 2019.
3. Though there is a checkered history and long standing litigation, it would suffice for the present to refer to few of the facts as are
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....
Revisions under the Maharashtra Public Trust Act can be filed after the appeal period if within a reasonable time; the revisional authority cannot re-evaluate evidence as an appellate body.
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 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 Joint Charity Commissioner has jurisdiction to decide applications under Section 36A(3A) of the Maharashtra Public Trust Act, exercising the powers of the Charity Commissioner.
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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