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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Shivaji Maratha Society, Through its Secretary, Shri. Shashikant Shankarrao Sutar – Appellant
Versus
Sarjerao Shivajirao Jedhe – Respondent
| Table of Content |
|---|
| 1. formation of the trust and expulsion of members. (Para 1 , 2 , 8) |
| 2. arguments regarding legal standing and consent. (Para 3 , 4 , 5) |
| 3. court's analysis and observations on legal issues. (Para 6 , 9 , 11) |
| 4. jurisdictional issues regarding section 50 of the mpt act. (Para 10 , 12) |
| 5. court's final decision and order. (Para 13 , 14) |
P.C :
SANDEEP V. MARNE, J.
1) The Applicant has invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the order dated 24 July 2017 passed by the 3rd Joint Civil Judge Senior Division, Pune rejecting the application filed by the Applicant/Defendant No.1 seeking rejection of plaint under Order VII Rule 11 of the Code.
2) Applicant is a Trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 (MPT Act). Respondent Nos.1 to 4, who claim to be life members of the Trust, are the original Plaintiffs in Special Civil Suit No. 383 of 2017, who have have challenged Resolution dated 4 March 2017 adopted by the Governing Council of the Trust, as well as, Resolution dated 5 March 2017 adopted in the General Body Meeting expelling them from th
A suit challenging expulsion from Trust membership requires prior consent from the Charity Commissioner; failure to secure this consent renders the suit barred under the Maharashtra Public Trusts Act....
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....
Consent from the Charity Commissioner is required for lawsuits involving public trust properties, asserting the need for statutory compliance in such matters.
Trustees of public charitable trusts do not require Charity Commissioner consent to file suits for recovering possession from trespassers, affirming their inherent rights as legal owners.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The High Court maintains jurisdiction over public trust matters, and EGM resolutions are valid without Charity Commissioner's prior approval; membership rights must comply with the club's original co....
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....
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 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....
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