AI Overview...
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Permission of Charity Commissioner - Generally, the law mandates that prior permission from the Charity Commissioner is required before filing a suit involving a public or charitable trust. This is especially applicable when the suit concerns the management, alteration, or scheme modifications of the trust Sidramappa Nagappa Abdulpurkar and another VS Guru Mahashivsharani Basavambikadevi and others - Bombay, HARGOVINDBHAI DAHYABHAI PATEL VS PRABHUDAS RAICHAND SANGHANI - Gujarat, CHARITY COMMISSIONER vs ISHWARBHAI MOTIBHAI PATEL DELETED AS PER COURT ORDER & ORS. - Gujarat.
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Exceptions and Cases - In certain circumstances, such as suits filed by trustees in their capacity as owners or against trespassers to recover possession, permission from the Charity Commissioner is not necessary Pandurang Sakharam Patil VS Nanded Parsi Anjuman Trust - Bombay, Aslam Umar Shaikh VS Raza Shah Fakir Takiya and Masjid Trust - Bombay. Similarly, complaints before Consumer Forums do not require the Commissioner's permission Ganpat Shivajirao Jadhav VS Vanita Ravindra Rahalkar - Consumer.
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Legal Proceedings and Court Viewpoints - Courts have emphasized that failure to obtain the necessary permission renders the suit not maintainable and may lead to dismissal Niket Mehta vs In The Matter Between : Lilavati Kirtilal Mehta Medical Trust, Through its Trustee Mrs. Charu Mehta - Bombay, Sidramappa Nagappa Abdulpurkar and another VS Guru Mahashivsharani Basavambikadevi and others - Bombay. Some judgments clarify that the role of the Charity Commissioner is supervisory, and their prior consent is a legal requirement for certain types of suits, especially those affecting the trust's management or scheme alterations Durga Kala Mandir VS S. Pulla Rao - Andhra Pradesh, CHARITY COMMISSIONER vs ISHWARBHAI MOTIBHAI PATEL DELETED AS PER COURT ORDER & ORS. - Gujarat.
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Authority of Trustees - Trustees, like any other owners, can generally file suits without the Charity Commissioner's permission, provided the suit does not involve scheme modifications or management disputes requiring prior approval Pandurang Sakharam Patil VS Nanded Parsi Anjuman Trust - Bombay.
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Impact of Non-Compliance - Filing suits without the requisite permission can lead to legal invalidity, and courts may dismiss such suits on procedural grounds Niket Mehta vs In The Matter Between : Lilavati Kirtilal Mehta Medical Trust, Through its Trustee Mrs. Charu Mehta - Bombay.
Analysis and Conclusion:
The prevailing legal position is that permission from the Charity Commissioner is necessary before initiating suits that involve trust management, scheme alterations, or other significant trust-related issues. However, suits by trustees in their private capacity or against trespassers for possession do not require such permission. Ensuring compliance with this requirement is crucial, as failure to obtain the necessary consent can invalidate legal proceedings and lead to dismissal.
Search Results for "Permission of Charity Comissioner is Necessary for Filing Suit"
2014 0 Supreme(AP) 1539 • India - Andhra Pradesh
B.CHANDRA KUMAR
Though, it appears that the plaintiff was in possession of the property on the date of filing of the suit, but it is not entitled ... Whether the plaintiff can maintain a suit seeking for injunction against the real owner asserting the possession and seeking protection ... Assistant Charity Commissioner and others, 2004 (2) ALD 115 (SC) : (2004) 3 SCC 137, in case between Kantamma and others v. Gangulamma and others, 2004 (3) ALD 151, in case between K. Ankaiah and others v. ... After filing#H....
• India - Consumer
V.K.JAIN, S.M.KANTIKAR
Hence, the permission of the Charity Commissioner is not necessary for filing complaint before Consumer Forum. ... Estate—The “Trust” was to construct bunglow on the land belonging to the petitioner-agricultural land-the petitioner was to obtain permission ... aggrieved, the petitioner as well as the trust preferred appeal before State Commission-dismissed-the trust is later on, taken by Charity ... ... (3) In every suit filed by persons having int....
2025 0 Supreme(Bom) 1417 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
... ... Issues: The main issues were whether the consent of the Charity Commissioner was necessary for filing the suit and if the ... plaint - If a suit is not maintainable due to lack of necessary permissions, the court must act on such grounds. ... The suit was filed without obtaining consent from the Charity Commissioner as mandated by law. ... a Suit proceeding and most impo....
2010 0 Supreme(Bom) 1490 • India - Bombay
S.S.SHINDE
The trustees of the trust, like any other owner, can file a suit, and no permission of the Charity Commissioner is necessary. ... Ratio Decidendi: The trustees of the trust, like any other owner, can file a suit, and no permission of the Charity Commissioner ... is necessary. ... and no permission of the Charity Commissioner is necessary. ... ....
2001 0 Supreme(Bom) 916 • India - Bombay
A.M.KHANWILKAR
obtain permission from the Charity Commissioner. ... for filing suit is necessary - Held - Plaintiffs not claiming to be beneficiary of Public Trust - Seeking right to enjoy it as private ... Bombay Public Trust Act, 1950 - Sections 50 and 51 - Civil Procedure Code, 1908, Section 9 - Civil suit - Filing of - Permission ... Act, then it would be necessary to obtain prior permission of the #HL_START....
2005 0 Supreme(Bom) 1744 • India - Bombay
The court held that no permission from the Charity Commissioner is necessary to file a suit against a trespasser to recover possession ... Ratio Decidendi: The court held that no permission from the Charity Commissioner is necessary to file a suit against a trespasser ... from the Charity Commissioner under Sections 50 and 51 of the BPT Act. ... Therefore, the contention of the ....
2011 0 Supreme(Bom) 452 • India - Bombay
R.M.BORDE
injunction-Bar under Section 51 of Act-Permission of Charity Commissioner for filing of suit-Plaintiff ascertaining his private civil ... Charity Commissioner not necessary. ... of the Charity Commissioner is not required. ... of Charity Commissioner. ... If plaintiff wants to proceed with the plaint maintaining contentions raised therein, which according to plaintiff relates to ....
1999 0 Supreme(Guj) 462 • India - Gujarat
M.R.CALLA
civil suit against trustees - Joint Charity Commissioner rejected permission after expiry of six months - Appeal - Gujarat Revenue ... to be tried by Civil Court - Judicial procedure was followed by the Charity Commissioner - Order is supported by reasons - Due and ... The Joint Charity Commissioner while passing the detailed order has given reasons as to why he was refusing to accord the consent ... The Charity Commission....
2025 Supreme(Online)(Guj) 4412 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J
... ... Ratio Decidendi: The Court asserts that the Charity Commissioner’s consent was necessary and that the trial Judge did not ... Facts of the Case: The original suit, filed in 1981, sought a declaration and injunction regarding trust management by the original ... She has submitted that in the present case, no such permission is obtained by the parties before filing the suit. She has submitted that the Charity Commissioner is supervising the ad....
2005 0 Supreme(Bom) 6 • India - Bombay
N.V.DABHOLKAR
Charity Commissioner would be justified in exercising the powers to alter or amend on finding that provisions of scheme (in spite ... The Charity Commissioner must be further slow in exercising the powers under Section 50-A either for modifying the existing scheme ... There are provisions in the Act, which empower the Charity Commissioner to appoint suspend remove or discharge the trustees as contained ... Trustees have borrowed loans without obtaining permission from....
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