decision is in the context of the
President's power to remove the trustee under Section
28(h) of the Act. The Division Bench ... removal of a trustee
under Clause (h) of sub-section (2) of Section 28 of the
Act only after removal of trustee in accordance with
Bombay Public Trusts Act, 1950 , specifically provides for the
power to remove a Trustee.
22. The fact that the respondent No.6 is a Public ... Commissioner. Section 41D delineates the procedure
for suspending, removing or dismissing Trustees. Section 47
reiterates the power of the Charity Commissioner to appoint,
suspend, remove
reads as under.
“53.Power to Suspend, remove or dismiss
trustees.-
......
(3) When it is proposed to take action under sub-
section (2), the appropriate ... Power to suspend, remove or dismiss
trustees.—(1) .....
(2)(2) The appropriate authority may suspend,
remove or dismiss any trustee, if he—
(a)....
(b) fails
civil court can remove a trustee in case of breach of trust, such a
power can be exercised by the High Court in exercise ... public charitable nature.
Section 92 of CPC confers the power to remove a trustee. This power will
include the power to suspend. Invoking parens patriae
civil court can remove a trustee in case of breach of trust, such a power
can be exercised by the High Court in exercise ... public charitable nature. Section 92 of CPC
confers the power to remove a trustee. This power will include the power to
suspend. Invoking parens patriae
power under sub-section (1) the
court shall, among other powers, have power to make an
order for:- (a) removing any trustee;
(b) appointing ... powers under Section 27 . On such an application being made
and after holding an inquiry, the Court has the power to remove
the Trustees
Suresh Janardhan Patange And Ors vs The Charity Commissioner M.S. Mumbai ... on 19 April
Manish Narayanrao Kadam vs The Charity Commissioner Maharashtra ... on 19 April, 2024
Author: Anil S
Anand Sheshrao Bharose And Ors vs Vedprakash Kashirao Patil And Ors on 19 April, 2024
Rahul Vedprakash Patil And Others vs The Charity Commissioner And Another on 19 April, 2024
