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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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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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
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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specific bar created either Under Section 50 or Sections 51 and 80 of the BPT Act to file a suit without the permission ... concerned parties. We are concerned with Sections 80 , 50 and 51 of the BPT Act. The consistent view so far as Bombay High Court
J.V. Gokal Charity Trust And 2 Ors vs Contrex Pvt. Ltd. And 10 Ors
squarely come under Sub Section (iv) of
Section 50(iv)(b),(p) and (q) of Section 50 of the BPT Act,
1950. Therefore the prior ... proviso to section 50 Clause
(iv),(b), (p) and (q) of BPT Act, 1950 read with Section 51
and/or Section 80 of the BPT
prior
sanction of the Charity Commissioner as required under Section 51 of the BPT
Act. The objection tendered by the defendant was considered ... order is impugned in this Civil Revision
Application.
5. Section 80 of the BPT Act relates to bar of jurisdiction on the
Civil Court which
