Kanubhai Bhulabhai Patel vs Assistant Charity Commissioner on 18 December, 2020

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Gujarat High Court

Kanubhai Bhulabhai Patel vs Assistant Charity Commissioner on 18 December, 2020

Bench: S.H.Vora

         C/FA/2273/2020                                    ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 2273 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 2273 of 2020
==========================================================
                     KANUBHAI BHULABHAI PATEL
                               Versus
                  ASSISTANT CHARITY COMMISSIONER
==========================================================
Appearance:
MR DHAVAL D VYAS(3225) for the Appellant(s) No. 1,2,3,4,5,6
for the Defendant(s) No. 1,2,3,4,5,6
==========================================================

 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                           Date : 18/12/2020

                             ORAL ORDER

1. Learned advocate for the appellants files further affidavit which is ordered to be taken on record.

2. On perusal of impugned judgment, it appears that observations made by learned Appellate Judge for disqualifying appellants being appointed as the Trustees of the Friends New English School (Trust), reference of criminal case has been made and thereafter, the learned Appellate Judge has observed that the appellants before him have no moral values in the society and they have committed serious offence and they are not fit to become trustees.

3. Learned advocate for the appellants states at bar that criminal complaint filed against the appellants and other accused persons, there is order of acquittal.

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4. In view of above position, the observations with regard to personal character of the appellants deserve to be expunged from the impugned judgment.

5. In view of order, the learned advocate for the appellants does not press present first appeal.

6. With above observation and directions, present present first appeal stands disposed of. In view of disposal of first appeal, Civil Application would not survive. Accordingly, Civil Application also stands disposed of.

7. It is clarified that the appellants are always at liberty to take legal recourse that may be permissible under the provisions of Bombay Public Trust Act.

(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Sat Dec 19 06:29:34 IST 2020

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