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1 - 8 of 8 (0.21 seconds)Article 227 in Constitution of India [Constitution]
Section 36 in The Bombay Public Trusts Act, 1950 [Entire Act]
Sailesh Developers, A Registered ... vs The Joint Charity Commissioner ... on 14 February, 2007
In the case of Sailesh Developers (Supra), the Full Bench of this
Court considered the following questions.
Mehrwan Homi Irani & Anr vs Charity Commissioner, Bombay & Ors on 10 May, 2001
In the case of Mehrwan Homi Irani & Anr Vs Charity
Commissioner, Mumbai3 while remitting the matter of grant of sanction
for the alienation of the trust property to the Charity Commissioner, the
Supreme Court observed that the important point to be considered was,
whether the Agreements entered between the Trust and the 5 th
Respondent therein, (for alienation in whose favour the sanction was
accorded) are capable of carrying out the objects of the trust to provide
a Sanatorium for convalescing and sick persons. The objects of the Trust
should be accomplished in the best of its interests. Leasing out of a
major portion of the land for other purposes may not be in the best
interest of the Trust. The Charity Commissioner while granting the
permission under Section 36 of the Bombay Public Trusts Act could have
explored those possibilities.
Cyrus Rustam Patel vs Charity Commr.Maharashtra State . on 21 September, 2017
In the case of Cyrus Rustom Patel Vs Charity Commissioner,
Maharashtra State & Ors,4 the Supreme Court exposited the factors
which ought to be kept in view while deciding an Application for grant
of sanction under Section 36 of the Trust Act 1950. The observations in
paragraph 26 are instructive and hence extracted below:
Shrikrushna Janrao Tarale vs The State Of Maharashtra Thr Its ... on 3 September, 2021
9. The mere continuation of the name of the Applicant No.1 on the
Schedule I of the Trust, long after the Applicant No.1 ceased to be a
Trustee of the Trust, did not empower the Applicant No.1 to act as the
Trustee of the Trust. To this end, Mr. Shah placed reliance on a judgment
of this Court in the case of Muridhar S/o Janrao Kale & Ors Vs State of
Maharashtra through Secretary, School Education Department & Ors1
1 Writ Petition No. 3034 of 2010 decided on 29th October 2010.
M/S. Darshan Jayant Builder And Anr vs The State Of Maharashtra And 4 Ors on 26 November, 2018
(ii) The party who comes forward and submits his
offer directly before the Charity Commissioner and
complies with other requirements as may be laid
down by the Charity Commissioner in a pending
application under Section 36 of the said Act of 1950
has a locus standi to challenge the final order passed
in a proceeding under Section 36. However, the
scope of the challenge will be limited as indicated in
paragraph 29 above."
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