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2012 Supreme(Bom) 933

B.P.DHARMADHIKARI, A.B.CHAUDHARI
Vanmala Manoharrao Kamdi – Appellant
Versus
Deputy Charity Commissioner – Respondent


Advocates appeared:
For the Appellants:A.M. Gordey, Sr. Advocate with A.P. Thakre, R.L. Khapre, S.V. Manohar, Sr. Advocate. with S.S. Sanyal, B.G. Kulkarni, Advocate.
For the Respondents:Wachasundar, R1, A.D. Sonak, AGP, A.Z. Jibhkate, Abhyankar, S.B. Ahirkar, AGP, R2, A.S. Chandurkar, Shirsat, R5 & R6, Prashant Gode, Advocates.
For the Intervenor:Ashish Chaware, Advocate.

Judgment :-

A.B. Chaudhari, J.

1. Heard. Rule. Rule returnable forthwith. All these matters are taken up for final disposal with consent of the learned Counsel for the rival parties.

2. In these letters patent appeals and writ petitions, learned Counsel for both parties made their submissions on the questions, which we have framed in this judgment.

3. Advocate Shri Khapre appearing for the appellant in Letters Patent Appeal No.368/2011 made the following submissions :

(i) The Bombay Public Trusts Act, 1950 was enacted to regulate and make better provisions for the administration of public religious and charitable Trusts in the State of Bombay. Various officers who are required to implement the provisions of the said B.P.T. Act, 1950, namely the Assistant Charity Commissioner, Deputy Charity Commissioner, Joint Charity Commissioner and Charity Commissioner are performing judicial functions or in respect of some provisions; the quasi-judicial functions. That is evident from the reading of several provisions of the B.P.T. Act, 1950, namely Sections 22, 22A, 22B, 22C, 41A, 41D, 41E, 50, 50A and 51. If these provisions are carefully perused, it will be seen that the enquiry required t












































































































































































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