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1 - 7 of 7 (0.58 seconds)Smt. Vanmala Manoharrao Kamdi vs The Deputy Charity Commissioner on 4 May, 2012
In the case of Vanmala Manoharrao Kamdi and others
vs. Deputy Charity Commissioner, Nagpur and others, reported
in 2012(3) Mh.L.J. 594, the Division Bench of this Court held that
when an administrative order is passed which is in the interest of
the society or the Trust, there could be occasions, which would not
necessitate grant of any hearing to the trust or its members. The
Division Bench held that in such cases, most of the time the
satisfaction is subjective and, therefore, hearing before making any
order may not be possible in each case.
Jagatnarayansingh Swarupsingh ... vs Swarupsingh Education Society And Anr. on 26 November, 1979
15. Learned counsel for the petitioner has also cited before
me the case of Jagatnarayansingh Swarupsingh Chithere and
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others vs. Swarupsingh Education Society and another, reported
in 1980 Mh.L.J. 372, wherein the learned Single Judge of this
Court, relying upon the decision of Gujarat High Court in Shantilal
Khimchand and others vs. Mulchand Dalichand and others, held that
while exercising jurisdiction under Section 22 of the said Act, the
Assistant Charity Commissioner must inquire into not only the
factum of the change under consideration but also its legality and
validity. In my humble opinion, the ratio of this case would be of
assistance to the petitioner in the change reports which are pending
for adjudication before the Deputy Charity Commissioner and not
in this case. Even otherwise, the decision being upon the merits of
the Change Reports, at this stage, it would not have any application
to the facts of the present case.
Shantilal Khimchand And Ors. vs Mulchand Dalichand And Ors. on 18 July, 1961
15. Learned counsel for the petitioner has also cited before
me the case of Jagatnarayansingh Swarupsingh Chithere and
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others vs. Swarupsingh Education Society and another, reported
in 1980 Mh.L.J. 372, wherein the learned Single Judge of this
Court, relying upon the decision of Gujarat High Court in Shantilal
Khimchand and others vs. Mulchand Dalichand and others, held that
while exercising jurisdiction under Section 22 of the said Act, the
Assistant Charity Commissioner must inquire into not only the
factum of the change under consideration but also its legality and
validity. In my humble opinion, the ratio of this case would be of
assistance to the petitioner in the change reports which are pending
for adjudication before the Deputy Charity Commissioner and not
in this case. Even otherwise, the decision being upon the merits of
the Change Reports, at this stage, it would not have any application
to the facts of the present case.
Section 22 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
Section 47 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
Shri Shakil Musa Patel vs Shri Dilipsing Pratapsing Patil on 31 July, 2013
14. Learned counsel for the petitioner has also referred to
me the case of Shakil Musa Patel and another vs. Dilipsing
Pratapsing Patil and others, reported in 2014(1) Mh.L.J. 960,
wherein the learned Single Judge of this Court held that when a
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dispute regarding the list of members of a Trust was pending, the
Joint Charity Commissioner ought not to have issued any direction
in respect of those list of members. The facts of the said case of
Shakil Patel are quite different from the facts of this case. In that
case, the District Court was already in seisin of substantive matter
before it and therefore, it was observed that the Joint Charity
Commissioner, while disposing of the appeals, could not have at all
touched the issue arising in the matter pending before the District
Court by taking a direct recourse to Section 41-A of the said Act.
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