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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
HON'BLE SHRI JUSTICE SHAILESH P. BRAHME
Prakash Rajmal Zawar – Appellant
Versus
Kaumudi Charudatta Sane – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith with the consent of the parties. Heard both sides finally at the admission stage.
2. Heard learned counsel Mr. Dixit for the petitioners and learned counsel Mr.Vani for contesting respondents .Other respondents are served but none appeared on their behalf.
3. This petition is directed against order dated 25.07.2024 passed below Exhibit-115 by learned Deputy Commissioner, Jalgaon in Change report No.1199 of 2012, rejecting the application of the petitioners filed under Section 340 of Cr.P.C soliciting action against the respondent no.2 for giving false evidence and violating the order passed below Exhibit-106.
4. Respondent no.2 is the reporting trustee who has filed Change report No. 1199 of 2012. The petitioners and others are the objectors who are contesting the change report. It is informed that matter is at the stage of final arguments.
5. Petitioners had submitted application Exhibit-106 under Order 11 rule 14 of C.P.C. seeking production of the documents enumerated in paragraph no. 2 which were in the custody of the respondent no.2. It was partly allowed and the respondent no.2 was directed to produce the documents mentioned in
The Deputy Charity Commissioner lacks jurisdiction to initiate proceedings under Section 340 of Cr.P.C. as it is not classified as a court under the Trust Act.
The main legal point established in the judgment is the obligation of the authority to provisionally accept the change report and decide the inquiry within a stipulated period, as per the provisions ....
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 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 court recognized the necessity to allow amendments and additional evidence in light of fraud allegations, emphasizing the appellate powers under Section 72 of the Maharashtra Public Trust Act.
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 Charity Commissioner can entertain removal applications under Section 41D of the Maharashtra Public Trust Act even when Change Reports under Section 22 are pending, as the status of trustees does....
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....
Point of Law : If an appeal has been filed therefrom, in accordance with decision of Commissioner on such appeal and provisions of section 21 and 22 shall apply to such amended entries as they apply ....
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