AI Overview...
- Section 38 of Rajasthan Public Trust Act, 1959 - Main points and insights:
- Provides the legal basis for authorities to pass orders, issue directions, and conduct inquiries related to public trusts upon applications or suo motu Vagaram VS Gautam Rishi Trust - Rajasthan, Parag Kumar VS State - Rajasthan.
- Allows the Assistant Commissioner or District Judge to make inquiries, pass appropriate orders, and oversee the management and administration of trusts Parag Kumar VS State - Rajasthan, Adarsh Hitkarini Trust, Seva Sadan, Adarsh Nagar VS Vijay Kumar Batra S/o Late Shri Ishwar Batra - Rajasthan.
- The section emphasizes procedural compliance, including issuing notices and providing opportunities for hearing, to ensure fair decision-making Dulheram Meena S/o Shri Ramswaroop Meena VS Appolo Animal Medical Group Trust, Jamdoli - Rajasthan.
- Orders passed under Section 38 can be challenged or appealed, with provisions for condonation of delays in filing appeals Vagaram VS Gautam Rishi Trust - Rajasthan.
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The section also plays a role in cases involving sale of trust property, irregularities, or disputes over trust management Shyam Kanwar VS Laccha Ram - Rajasthan.
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Analysis and Conclusion:
- Section 38 is a crucial provision empowering authorities to oversee and regulate public trusts, ensuring transparency and accountability.
- Proper procedural adherence, including notice and opportunity to be heard, is essential for the validity of orders under this section.
- The section's provisions facilitate judicial review and appeals, maintaining checks and balances in trust management.
- Overall, Section 38 serves as a vital legal mechanism for the effective governance of public trusts under the Rajasthan Public Trust Act, 1959 Bhagwan Dass VS Prabandh Karni Committee Digamber Jain - Rajasthan, Dulheram Meena S/o Shri Ramswaroop Meena VS Appolo Animal Medical Group Trust, Jamdoli - Rajasthan.
References:
- Vagaram VS Gautam Rishi Trust - Rajasthan
- Bhagwan Dass VS Prabandh Karni Committee Digamber Jain - Rajasthan
- Shyam Kanwar VS Laccha Ram - Rajasthan
- Parag Kumar VS State - Rajasthan
- Kaushal Kishore Narnoli VS Gopal Public Trust - Rajasthan
- Adarsh Hitkarini Trust, Seva Sadan, Adarsh Nagar VS Vijay Kumar Batra S/o Late Shri Ishwar Batra - Rajasthan
- Dulheram Meena S/o Shri Ramswaroop Meena VS Appolo Animal Medical Group Trust, Jamdoli - Rajasthan
- M. K. Arvind Singh VS Assistant Commissioner, Devasthan, Udaipur - Rajasthan
- Commissioner Of Income Tax (exemptions) VS Shree Shyam Mandir Committee - Rajasthan
- Laxman Khetani S/o Late Shri Mangha Ram Khetani VS Jodhpur Medical Research Centre Public Trust - Rajasthan
Search Results for "Section 38 Public Trust Act Rajasthan"
2013 0 Supreme(Raj) 1459 • India - Rajasthan
ARUN BHANSALI
LIMITATION ACT - CONDONATION OF DELAY - SECTION 5 - DELAY IN FILING APPEAL - LEAVE TO APPEAL - RAJASTHAN PUBLIC TRUST ACT, 1959 ... - SECTION 38 - APPEALS FROM ORDERS PASSED IN DIFFERENT CIVIL MISCELLANEOUS CASES - DELAY IN FILING APPEALS - CONDONATION OF DELAY ... file an appeal against the order passed by the District Judge in three civil miscellaneous cases related to the Shri Gautam Rishi Trust ... It is submitted in the applic....
2016 0 Supreme(Raj) 1185 • India - Rajasthan
VEERENDR SINGH SIRADHANA
Places of Worship Special Provisions Act, 1991- Section 3 and 4 - Rajasthan Public Trust Act, 1959 - Section ... 38 - 22 - Civil procedure Code,1908 - Section 151 Rule 3 (2) – SECTIONS 92 -Order 22, Rule 4 - Act of 1959 Sections 44 92 and ... the instant proceedings under Section 38 of the Rajasthan Public....
2019 0 Supreme(Raj) 204 • India - Rajasthan
PRATAP KRISHNA LOHRA
PUBLIC TRUST - SALE OF TRUST PROPERTY - SECTION 31(1) OF THE RAJASTHAN PUBLIC TRUST ACT, 1959 - VOID AB-INITIO - LOCUS STANDI ... sanction under Section 31(1) of the Rajasthan Public Trust Act, 1959 (Act of 1959). ... The court interpreted Section 38 of the Act to include tenants of a #HL_ST....
2015 0 Supreme(Raj) 1984 • India - Rajasthan
P.K.LOHRA
PUBLIC TRUST - RAJASTHAN PUBLIC TRUSTS ACT, 1959 - SECTION 38 - APPLICATION FOR DIRECTIONS - COURT'S DIRECTION TO ASSISTANT COMMISSIONER ... Assistant Commissioner to decide their application under Section 38 of the Rajasthan Public Trusts Act, 1959 (Act of 1959), and to ... TO MAKE INQUIRY AND PASS APPROPRIATE ORDER UNDER SECTION 38#....
2015 0 Supreme(Raj) 606 • India - Rajasthan
BELA M.TRIVEDI
Civil Procedure Code,1908 - Section 2(2) - Order VII - Rule 11 - Rajasthan Public Trust Act, 1959 – Section ... 38, 39 , 40 and 96 - Immovable properties - Public trust - Seeking rejection of plaint - Seeking declaration and mandatory injunction ... involved in suit being the questions required to be dealt with by authorities under said Act as per Sections 38 and 39 of said ....
2021 0 Supreme(Raj) 80 • India - Rajasthan
PRAKASH GUPTA
Constitution of India, 1950 - Article 227 - Rajasthan Public Trust Act, 1959 - Sections 38 and 40 - Civil ... to file an application under Section 40 of Act of 1959 before District Judge, seeking a direction for proper management of Trust ... 38 of Act, 1959 with regard to an alleged irregularity in Trust before Assistant Commissioner who passed an order directing applicants ... ....
2023 0 Supreme(Raj) 424 • India - Rajasthan
GANESH RAM MEENA
Constitution of India,1950 - Article 226(3) - Rajasthan Public Trust Act, 1959 - Sections 24, 23 , 22 and ... 38 - Civil Procedure Code,1908 - Section 114 read with Order 47 Rule 1 and 151 - Execution and operation of order - Vacation of ... 24 of the Rajasthan Public Trust Act, 1959 (for short ‘the Act of 1959’) were stayed. ... the Rajasthan Public#H....
1996 0 Supreme(Raj) 293 • India - Rajasthan
B.R.ARORA, A.S.GODARA
Rajasthan Public Trust Act, Sec. 38 & 39 and Natural Justice — Order passed by the authority without issuing the notice — Opportunity ... of hearing not given — Non-compliance of provision of Sec. 38 — Order quashed. ... Section 38 of the Rajasthan Public Trust Act provides that ``if the Assistant Commissioner on the application of any person having interest in a public....
2017 0 Supreme(Raj) 2547 • India - Rajasthan
K.S.JHAVERI, VIJAY KUMAR VYAS
Fact of the Case: The assessee is a trust registered under the Rajasthan Public Trust Act, 1959. ... The Commissioner of Income Tax rejected the application on the ground that the assessee was a private trust and not a public trust ... Whether the first proviso to section 12A(2) of the Act is applicable retrospectively. 2. ... fixed by the State Government as per Section 65 of the Raja....
2024 0 Supreme(Raj) 470 • India - Rajasthan
MADAN GOPAL VYAS
CIVIL REVISION PETITION - PUBLIC TRUST ACT - Rajasthan Public Trust Act, 1959 - Sections 38, 41, 20, 21 ... - The court discussed the provisions of the Rajasthan Public Trust Act, 1959, particularly Sections 38 and 41, which govern the appointment ... The court emphasized the importance of the legal framework established by th....
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