Back
GAURI GODSE
Dara H. Satpatiwala – Appellant
Versus
Joint Charity Commissioner Pune Region – Respondent
JUDGMENT :
(Gauri Godse, J.)
1. Rule. Rule made returnable forthwith. Taken up for final disposal.
2. This petition is filed for challenging order dated 15th July 2022, passed by the Learned Joint Charity Commissioner, Pune region, Pune in Application No. 27 of 2022, filed by the petitioners under sub-section (3A) of Section 36A of the Maharashtra Public Trust Act, 1950 ('Trust Act'). The said application is rejected for want of jurisdiction.
3. Learned counsel for the petitioners submitted that the application has been erroneously dismissed on the ground that the learned Joint Charity Commissioner has no jurisdiction to decide the application filed under sub-section (3A) of Section 36A of the Trust Act. He submits that the Joint Charity Commissioner is empowered to exercise all the powers of the Charity Commissioner and hence has jurisdiction to decide the application filed by the petitioners. Learned counsel submitted that even though sub-section 3A of Section 36A provides for the grant of ex post facto sanction by the Charity Commissioner, even the Joint Charity Commissioner has jurisdiction of the Charity Commissioner to decide the said application.
4. Learned counsel for the petit
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 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 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 that the Charity Commissioner's decision to grant consent for instituting the civil suit was based on subjective satisfaction and fulfilled all pro....
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....
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 the necessity for a transparent process in disposing of Trust property and the Charity Commissioner's role in verifying the genuine need for sellin....
The main legal point established in the judgment is that the Maharashtra Public Trust Act is a complete code in itself and that section 92 of the C.P.C. is not applicable to public trusts as per sect....
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....
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
