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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Karan Maheshwari – Appellant
Versus
Sandip Sharma – Respondent
| Table of Content |
|---|
| 1. background and procedural details of the trust. (Para 2 , 3) |
| 2. court's observations on procedural laws. (Para 6 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 30 , 31) |
| 3. arguments regarding the admissibility of evidence. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. fraud vitiates actions and its legal consequences. (Para 24 , 32) |
| 5. final decision and order of the court. (Para 34) |
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.
2. The Petitioners who claimed to be the Trustees of the Saraswatibai Bishwambharlal Charityable Trust (“the Trust”) take exception to an order dated 14th August 2025 passed in Chamber Summons No. 1681 of 2018 in Charity Application No. 14 of 2016, whereby the learned Principal Judge, City Civil Court allowed the Chamber Summons and permitted the Applicants therein to carry out necessary amendment in the Charity Application and also produce additional documents, keeping open the issue of marking of documents as admitted in evidence.
3. Shorn of unnecessary details, the background facts can be stated as under:
3.1 Sushil Jalan (R3) filed a Change Report No. 4905
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 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.
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 Charity Commissioner's decision to grant consent for instituting the civil suit was based on subjective satisfaction and fulfilled all pro....
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 inquiry held by Deputy or Charity Commissioner under Section 19 is by no means an administrative or an executive inquiry The rules framed under the Act called the Bombay Public Trusts Rules 1951 ....
Amendments to written statements are essential for effective adjudication and should be allowed liberally, especially when new evidence is introduced.
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