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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Narendra Ramprakash Podar – Appellant
Versus
Pragnesh Narayan Podar – Respondent
Milind N. Jadhav, J.
1. Heard Mr. Thipsay, learned Advocate for Petitioners in both Writ Petitions; Mr. Kamat, learned Advocate for Respondent No.1; Mr. Patil, learned AGP for Respondent No.2 in Writ Petition No.15699 of 2022; Mr. Kankal, learned AGP Respondent No.2 in Writ Petition No.14797 of 2023 and Mr. Cama, learned Advocate appears for wife of Narayan Tejpal Podar - Intervenor.
2. Writ Petition No.15699 of 2022 is filed for challenging the impugned judgement and order dated 02.02.2022 allowing Revision Application No.112 of 2020 and setting aside of order dated 28.08.2018 passed in Change Report No.3993 of 2018 for change of address of the Trust from 405, Kalbadevi Road, Mumbai – 400002 to C/o Narendra Ramprakash Podar, 573, 1st floor, J.S.S. Road Chira Bazar, Mumbai – 400002.
3. Second Writ Petition No.14797 of 2023 is filed for challenging the impugned judgement 02.02.2022 allowing Revision Application No. 111 of 2020 and setting aside of order dated 28.08.2018 passed in Change Report No.3992 of 2018 accepting the appointment of Petitioner No.2 as Trustee of the said Trust. As facts and parties in both the Writ Petitions are the same, they are disposed of by this co
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....
The court clarified the authority of the Assistant Commissioner under Section 23 of the Act of 1959 and interpreted the eligibility criteria for trusteeship as per the amended constitution of the Tru....
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 ....
The court affirmed that interested persons in public trust matters have the right to join proceedings, and the concept of abatement does not apply, ensuring that inquiries can continue effectively.
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....
Trustees must comply with legal requirements for property management; failure to do so constitutes serious misconduct warranting removal.
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
Filing of Change Report – It is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient ....
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