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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
HON'BLE SHRI JUSTICE R. M. JOSHI
Ramkrushna @ Ramkisan S/o Damodhar Shinde – Appellant
Versus
The Joint Charity Commissioner Ii Pune Region, Pun – Respondent
JUDGMENT :
1. By consent of both sides, heard finally at admission stage.
2. These Petitions take exception to the order passed by the Joint Charity Commissioner in Revision Application Nos. 28/2020 and 29/2020 dated 18.07.2024 setting aside the order passed by the Deputy Charity Commissioner dated 03.10.2020 passed in Change Report Nos. 887/2010, 888/2010, 889/2010, 128/2015, 203/2016 and 69/2020.
3. It is the case of the Petitioners that they are the founder trustees of Punyashlok Ahilyadevi Seva Sangh, Ahmednagar, a trust registered under the Maharashtra Public Trust Act (for short ‘the Act’). Petitioners claim that the constitution of the trust reflects that the procedure for membership of the trust is that the person has paid Rs.2,000/- as membership and it is approved by 2/3 majority. It is contended by the Petitioners that only on compliance of these two conditions, a person can be treated as a valid member of the trust and would be eligible to become a managing trustee. It is further case of the Petitioners that the contesting Respondents along with other members claim themselves to be the members of the trust and handling affairs of the trust for last 30 years. These persons
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 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 remedy of revision under Section 70A of the Act is an equally efficacious remedy available to the petitioners
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....
Provisional acceptance of a change report under the Maharashtra Public Trust Act must consider objections and provide a hearing to affected parties, adhering to natural justice principles.
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....
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.
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 court reaffirmed the necessity of proper notice, inquiry, and quorum in Trust administration, establishing that interested parties may challenge Trust governance despite assertions of lack of sta....
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