Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Jitendra Jain
Manvi Hakka Sanrakshan and Jagruti (Registered under Societies Act) – Appellant
Versus
Charity Commissioner of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge against the circular's legitimacy. (Para 3 , 5 , 6) |
| 2. interpretation of charitable purposes under the act. (Para 7 , 9 , 10 , 12) |
| 3. significance of corruption and human rights as charitable purposes. (Para 14 , 15 , 18 , 19) |
| 4. role of authorities in regulating trusts. (Para 16 , 21 , 22) |
| 5. final ruling on the validity of the circular. (Para 28 , 29 , 34) |
JUDGMENT :
Jitendra Jain, J.
1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties.
Challenge:-
3. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner-Trust has challenged the Revised Circular No.543 dated 04 July 2018 issued by the Charity Commissioner, Maharashtra State, Mumbai. The said Circular directs notices to be issued to the Trustees of the Trust which use the phrases “Bhrashtachar Nirmulan Mahasangh”, “Bhrashtachar Virodhi Andolan”, “Bhrashtachar Mukta Bharat” or “Human rights” in the title of the Trust name and further directs them to remove the same.
4. This Court on 10 October 2024 requested Advocate Mr. Abhay Anturkar to appear as an amicus curiae to ass
The court ruled that the circular restricting trust names related to human rights and corruption violates the definition of charitable purposes under the Maharashtra Public Trusts Act, recognizing th....
Charity Commissioner under Maharashtra Public Trusts Act lacks jurisdiction to direct deletion of words suggesting government patronage from public trust names; remedy under Emblems Act if misleading....
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....
Doctrine that powers must be exercised reasonably has to be reconciled with the no less important doctrine that the court must not usurp the discretion of the public authority appointed to take the d....
Absence of explicit irrevocability clause in public charitable trust deed does not render trust revocable or justify section 12AB registration rejection; irrevocable by law unless express revocation;....
Trustees must comply with legal requirements for property management; failure to do so constitutes serious misconduct warranting removal.
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
