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1 - 5 of 5 (0.26 seconds)Section 22 in The Bombay Public Trusts Act, 1950 [Entire Act]
Section 22A in The Bombay Public Trusts Act, 1950 [Entire Act]
Section 50 in The Bombay Public Trusts Act, 1950 [Entire Act]
Raisinh P. Bhoi vs Dineshbhai Keshavbhai Patel on 28 March, 2000
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.
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