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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.Chapalgaonkar
Gajendra Ramchandra Biyani – Appellant
Versus
Assistant Charity Commissioner, Hingoli – Respondent
| Table of Content |
|---|
| 1. writ petition challenging delay condonation order. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding jurisdiction and delay condonation. (Para 6 , 12 , 13) |
| 3. court's discretion in delay condonation. (Para 7 , 14) |
| 4. interpreting sections 70 and 75 of mpt act. (Para 8 , 10 , 11) |
| 5. writ petition rejected. (Para 15 , 16) |
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.
2. The present writ petition takes exception to order dated 23.09.2024 passed by Joint Charity Commissioner, Nanded Region in Miscellaneous Application No.25 of 2024, thereby condoning delay in preferring appeal against the judgment and order dated 09.12.2019 passed by Assistant Charity Commissioner, Hingoli in Inquiry No.311 of 2015.
3. The petitioner herein filed proceeding vide Inquiry No.311 of 2015 before Assistant Charity Commissioner, Hingoli, under Section 50-A of the Maharashtra Public Trusts Act, 1950 to frame a new scheme in respect of trust, namely Panchshil Shikshan Prasarak Mandal, Hingoli, bearing PTR No. F-28(P). It is submitted that the trust was registered in the year 1962 under the provisions of Maharashtra Public Trusts Act, 1950 and Societies Registrati
Delay in appeals under the Maharashtra Public Trusts Act can be condoned if sufficient cause is established, harmonizing provisions of the Act with the Limitation Act.
The court affirmed that extensions for executing Trust property sales must prioritize transparency and market value, rejecting outdated agreements to protect Trust interests.
The court ruled that the petitioners failed to demonstrate sufficient cause for condoning a significant delay in challenging a Trust property order, affirming the lower court's decision.
The remedy of revision under Section 70A of the Act is an equally efficacious remedy available to the petitioners
The interpretation of Section 72(4) and the legislative intent behind the Amending Act 55 of 2017 were central to the court's decision.
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
Courts must prioritize equitable considerations over strict adherence to deadlines, particularly for charitable trusts demonstrating bona fide reasons for delays.
Condonation of delay granted for charitable trust due to internal mismanagement; ex-parte dismissal set aside for fresh adjudication ensuring natural justice.
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....
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