Vasantrao Vishwanathrao Mane - Key case reference supporting legal arguments related to the interpretation of Section 72 of the Bombay Public Trust Act and jurisdictional issues in trust and property matters. The case has been cited multiple times to affirm judicial principles regarding the powers of courts and authorities under this Act, especially concerning remand and jurisdictional limits Shaikh Abdul Razak Yaseen Patel VS Sayyad Murad Syed Irfan Ali, (Deceased) - Bombay, Danial Madhav Bhalerao VS In the matter of the Conference of Churches of Chriest in Western India PTR No. 179 (ANR) - Bombay, Gaffar s/o. Sattarkhan Pathan VS Marutrao s/o. Tatyaba Sarpate - Bombay, Mamta VS Kusumtai Baburao Zade - Bombay, LALJIBHAI BHIKHABHAI DHADUK & 2 VS TRUST OF THE TEMPLE OF SHREE LAXMINARAYAN DEV TEMPLE & 194 - Gujarat.
Judicial Interpretation - The case of Vasantrao Mane vs. Apparao Baibanna Sidore (2008) 2 AllMR 95 is frequently cited as authoritative, emphasizing that courts must adhere to the specific language and limits of statutory provisions such as Section 72(2). It supports the view that courts exercising jurisdiction under this section are not empowered to remand proceedings beyond statutory boundaries Shaikh Abdul Razak Yaseen Patel VS Sayyad Murad Syed Irfan Ali, (Deceased) - Bombay, Gaffar s/o. Sattarkhan Pathan VS Marutrao s/o. Tatyaba Sarpate - Bombay, Mamta VS Kusumtai Baburao Zade - Bombay.
Jurisdictional Limits - The judgments clarify that the District Court, when exercising jurisdiction under Sections 72(1) and 72(2), does not have the authority to remand cases outside its prescribed powers, aligning with the principles laid down in the Vasantrao Mane case Mamta VS Kusumtai Baburao Zade - Bombay.
Court Decisions and Application - The case has been used to critique certain orders, such as those dated 29 May 2009 and 17 July 2010, on grounds of non-application of mind to statutory parameters, reaffirming the importance of judicial discipline and adherence to legal limits Shivajirao Bhavanrao Patil VS Shikshan Prasarak Mandal Malshiras - Bombay.
Additional References - The case has been cited in various legal proceedings, including High Court judgments, to support arguments related to the age, occupation, and other personal details of Vasantrao Vishwanathrao Mane, indicating its relevance across different facets of property and trust law DEEPAK VASANTRAO DESALE vs JANATA VIDYAPRASARAK MANDAL, SHINDKHEDA AND OTHERS - Bombay, VASANTRAO APPARAO BALSURE AND ANOTHER vs THE ASSISTANT CHARITY COMMISSIONER SOLAPUR AND OTHERS - Bombay.
Analysis and Conclusion:
Vasantrao Vishwanathrao Mane's case is a significant legal precedent in Indian trust and property law, especially concerning the interpretation of statutory powers under the Bombay Public Trust Act. It underscores the necessity for courts to operate within the bounds of statutory language, particularly regarding jurisdiction and remand powers. The case's repeated citation highlights its importance in guiding judicial reasoning and ensuring adherence to legal limits in trust-related matters.
In support of his submissions, he placed reliance upon Vasantrao Vishwanathrao Mane Vs. Apparao Baibanna Sidore, (2008) 2 AllMR 95, which has been followed in Gaffar Sattarkhan Pathan Vs. ... The above view taken by me, is supported by the judgments in the case of Vasantrao Mane Vs Apparao, (2008) 2 AllMR 95, wherein Section 72 (2) of the B.P.T. ... In light of the discussion as made above, I am of the view, that the language of sub-section (2) of Section 72 of the Bombay Public Trust Act does not confe....
As has been held by this Court in the case of Vasantrao Vishwanathrao Mane and others Vs. ... Similar points as are involved in the present appeal were raised in the case of Vasantrao Vishwanathrao Mane and others Vs. Apparao Baibanna Sidore and others (2008(2) Bom.
Judgment : ... Learned Counsel appearing for the appellants invited my attention to the reported judgment of this Court in the case of Vasantrao s/o. Vishwanathrao Mane & Ors. Vs. Apparao s/o. ... This Court in the case of Vasantrao, [2008(2) ALL MR 95] (Supra) in para 30 held as under :- ... “30. ... In the light of para 30 of the judgment in Vasantrao, [2008(2) ALL MR95] (Supra), it is abundantly clear that the Principal District Judge was not empowered to remand the matter back to the Assistant Chari....
To support the submission, reliance is placed on the following judgments : (i) Judgment given by Single Judge of this Court at Aurangabad in the case of Vasantrao S/o. Vishwanathrao Mane and ors. Vs. Apparao S/o. ... In the judgments given by this Court in the cases of Vasantrao Mane and Gaffar Pathan (supra) and Rambhau Magar (supra), it is held that while exercising jurisdiction under Section 72(1) and Section 72(2) of the Act of 1950, District Court is not conferred with power to remand the proceedi....
VISHWANATHRAO MANE VERSUS IN WP/7826/2017 VASANTRAO
In Vasantrao s/o. Vishwanathrao Mane & Ors. vs. Apparao s/o. ... Dattatraya (supra) and Vasantrao vs. Apparao (supra). Accordingly, there is merit in the second submission of Mr. Bansode and the impugned orders dated 29 May 2009 and 17 July 2010 are liable to be set aside on the grounds of non application of mind to the essential parameters of section 50A.
Vishwanathrao Mane and others vs. ... In the case of Vasantrao Vishwanathrao Mane and others Age. 37 years, Occu. ... Deepak Vasantrao Desale, i) Vasantrao
Vasantrao s/o. ... Vasantrao s/o. ... Vishwanathrao Mane, Aged : 85 years, span style="font-family
He also relied upon another decision of Bombay High Court in the case of Vasantrao S/o Vishwanathrao Mane Vs.
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