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HIGH COURT OF BOMBAY
AMIT BORKAR, J
R. B. Bohora Educational & Welfare Trust – Appellant
Versus
Vijay Mundaware – Respondent
| Table of Content |
|---|
| 1. factual background regarding the trust dispute. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions regarding section 41a and jurisdiction. (Para 7 , 8) |
| 3. statutory analysis of trust property and financial management. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. narrow interpretation of section 41a power is property-focused. (Para 16 , 17 , 18 , 19 , 20) |
| 5. order setting aside the unauthorized jurisdictional action. (Para 21 , 22 , 23) |
JUDGMENT.:
1. The petitioner is a public trust duly registered under the provisions of the Maharashtra Public Trusts Act, 1950 . The present petition assails the judgment and order dated 28 June 2010 passed by respondent No.9 in Application No.61 of 2010. By the said order, the petitioner Trust was directed to issue a public apology to the students and their parents who were alleged to have suffered on account of refusal of admission by the CBSE Board. The direction required publication of such apology in two widely circulated newspapers in Nashik City.
2. The material facts leading to the filing of the present petition may be stated thus. The petitioner Trust was registered under the said Act on 23 April 1998. In the year 1999, the Trust
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