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Pavankumar Jain & vs Priyavadan Ambalal Patel & on 12 September, 2013

Learned counsel appearing for the petitioners thereafter contended that the decision of the Apex Court rendered in case of RAISINH P. BHOI VS. DINESHBHAI KESHAVBHAI PATEL, reported in 2000 (3) p-1895 would go to show that in a given case, the order of suspension of secretary/Trustee is not to be interfered with in the proceedings under Article 226/227 of the Constitution of India.
Gujarat High Court Cites 8 - Cited by 18 - S R Brahmbhatt - Full Document

Shree vs Jasubhai on 30 April, 2012

Reliance was also placed upon the decision of this court in the case of Raisinh P. Bhoi v. Dineshbhai Keshavbhai Patel, 2000 (3) GLR 1895, wherein the court has held that the enabling power given to the Charity Commissioner does not divest the Council or the Trust of the power to hold an inquiry against the Manager/Secretary or to place him under suspension. The court held that this mode, as has been provided under section 50 with regard to the suits relating to public trust, is not an embargo against the exercise of power by the Council of a Trust to proceed against its Secretary to hold inquiry and to place him under suspension and as a matter of fact, the result of such inquiry may constitute the material for the Charity Commissioner to act in accordance with the provisions of section 50, if he himself deems necessary and that will be in the nature of a material to form an opinion as to whether the direction of the court is deemed necessary for the administration of any public trust or not. It was submitted that the said decision would be directly applicable to the facts of the present case and as such, there can be no embargo against the exercise of powers by the Board of Trustees to proceed against the trustee and to place him under suspension pending the inquiry.
Gujarat High Court Cites 5 - Cited by 0 - H Devani - Full Document

Shree vs Jasubhai on 27 February, 2012

Reliance was also placed upon the decision of this court in the case of Raisinh P. Bhoi v. Dineshbhai Keshavbhai Patel, 2000 (3) GLR 1895, wherein the court has held that the enabling power given to the Charity Commissioner does not divest the Council or the Trust of the power to hold an inquiry against the Manager/Secretary or to place him under suspension. The court held that this mode, as has been provided under section 50 with regard to the suits relating to public trust, is not an embargo against the exercise of power by the Council of a Trust to proceed against its Secretary to hold inquiry and to place him under suspension and as a matter of fact, the result of such inquiry may constitute the material for the Charity Commissioner to act in accordance with the provisions of section 50, if he himself deems necessary and that will be in the nature of a material to form an opinion as to whether the direction of the court is deemed necessary for the administration of any public trust or not. It was submitted that the said decision would be directly applicable to the facts of the present case and as such, there can be no embargo against the exercise of powers by the Board of Trustees to proceed against the trustee and to place him under suspension pending the inquiry.
Gujarat High Court Cites 5 - Cited by 0 - H Devani - Full Document
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