GITA GOPI
Anantrai Mohanlal Mehta – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. RULE. Learned APP Mr. Pranav Trivedi waives service of notice of rule on behalf of respondent No.1-State and Mr. Jaivik Uday Bhatt, learned advocate waives service of notice of rule on behalf of respondent No.2.
2. The petition has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR bearing C.R. No. I – 153 of 2014 registered with Kamlabaug Police Station, Porbandar, for the offences punishable under Sections 406, 504, 506(2) and 114 of the Indian Penal Code.
2.1 The petitioner has stated that earlier too, on the same set of facts and the allegations, the complaint was filed by the respondent No.2, and after inquiry, the Police Inspector of Kamlabaug Police Station, Porbandar, has submitted detailed report on 13.12.2014 and the respondent No.2 was informed about the report vide communication dated 16.12.2014.
3. The FIR dated 28.12.2014 filed by respondent No.2. Arjanbhai Gigabhai Khistariya stated that he was doing the work of agriculture and construction, and since last two and half year, he is serving as a Secretary in Navyug Education Society at Porbandar which is having office at Ghedia School Building, Ravaliya Plot
The duty of trustees to act in accordance with the law, compliance with statutory provisions, and the need for courts to refrain from interfering with ongoing investigations.
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 the requirement of a high degree of proof for drastic actions such as removal of trustees under Section 41-D of the Maharashtra Public Trust Act.
The main legal point established in the judgment is the need for trustees to adhere to the provisions of the trust scheme and relevant laws, and the importance of a scientific and secular approach in....
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
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 ....
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