section 80 of the Bombay Public Trusts Act, 1950?
13. Mr. Chagla submitted that in view of section 80 of the BPT Act,
an Originating ... view of section 80 , this Court lacks inherent jurisdiction to
entertain this Originating Summons.
14. Sections 22 and 80 of the BPT Act read
provisions of Section 50 of Maharashtra Public Trusts Act (MPT) and
Section 50 of BPT Act. That Section 50 of BPT Act is applicable even ... Commissioner under Sections 50 and 51 of the BPT Act, bar under
Section 80 of the Act and failure to join Society as a necessary
application is also barred by under Section 80 of the BPT Act.
Under Section 80 Civil Court's jurisdiction is barred with regard ... originating summons
would not be barred by under Section 80 of BPT Act.
9. However, a originating summons taken out under Rule 238
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changes in the books maintained under Section 17 of
the BPT Act. Sections 31 , 50 , 51 , 79 and 80 of the BPT Act, according ... provisions of the
Societies Registration Act which is a Parliamentary Act and the BPT Act,
which is a State Act and relying
Section 50
(iv) of the BPT Act without consent of the Charity Commissioner as
mandated under Section 51 of the BPT Act. The defendants also ... BPT Act being a
suit filed under Section 50(IV) (a) (b) (c ) (d) (f) and (p) of the
BPT Act .
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BPT Act .
4.3 Learned advocate for the respondents has also invited my attention to Sec.18 of the BPT Act which provides for registration ... Charity Commissioner under Section 79 of the said Act, the jurisdiction of the Civil Court under Sec.80 of the said Act is barred
under Sec. 50 of the BPT Act. Every suit of such or similar nature, according to Mr. Vakil is prepared under Sec. 80 ... approval/ sanction as per the Scheme of Sec. 50 R/w Sections 79 & 80 of BPT Act.
18. Mr. P.M. Raval
reliance upon provisions of
Section 79 and Section 80 of Bombay Public Trust Act,
1950 (hereinafter referred to as BPT Act ), Advocate
Bhutada contends that ... observed there that, Full Bench has held that
Section 79 r/w Section 80 of BPT Act did not cover the
question whether author
petitioner/defendant is a Trust,
registered under the BPT Act , Sections 79 and 80 of which
expressly bars the jurisdiction of the Civil Court ... against the Public Trust or Trustee or Beneficiaries.
Section 80 of the BPT Act expressly bars the jurisdiction of
the Civil Court to decide
ownership that was in question, then Section 80 of the BPT Act
creates a bar. He therefore, relied on decision in Church of North
India ... suit without considering the
specific bar of jurisdiction under Section 80 of BPT Act ?
(SMT. VIBHA KANKANWADI)
JUDGE
vjg/-.
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