Back
N. J. JAMADAR
Narendra Namdev Mulik – Appellant
Versus
Ananda Demji Chougale – Respondent
JUDGMENT
N. J. Jamadar, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.
2. This petition under Article 226 and 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 16th November, 2017 passed by the learned Joint Charity Commissioner, Kolhapur Region, Kolhapur in Appeal No.39 of 2016 under section 70 of the Maharashtra Public Trusts Act, 1950 (Trust Act, 1950) whereby the appeal preferred by the respondent Nos. 1 to 8 came to be allowed by setting aside the order passed by the Assistant Charity Commissioner-1, Kolhapur dated 7th May, 2016 in Change Report No. 1925 of 2009 accepting the change dated 14th July, 2009 as legal and valid.
3. The background facts leading to the petition, though the dispute has a checkered history, can be summarized as under:-
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....
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 Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999, contrary to a prior ruling, emphasizing that membership validity must be determined in appropriate proceedi....
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....
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 High Court maintains jurisdiction over public trust matters, and EGM resolutions are valid without Charity Commissioner's prior approval; membership rights must comply with the club's original co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
