Disposed

Seva Ashram Shikshan Sanstha v. Laxmanrao P. Jagdale and Ors.

Bombay HC16 Dec 2004SA/1312/2004

Case brief

AI extract

What is this about?

The High Court disposed of an appeal challenging a Scheme framed by the Asstt. Charity Commissioner under the Bombay Public Trust Act regarding trustee appointments and management. The court upheld the remand order but directed a rider to clause 4 to subject staff transfers to the Asstt. Charity Commissioner's scrutiny.

What did the court decide?

Appeal disposed; rider added directing that staff transfers pending Asstt. Charity Commissioner's enquiry are subject to their scrutiny.

Seva Ashram Shikshan Sanstha Vs Laxmanrao P… — Contract and Commercial Disputes | Bombay HC (2004)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION
 SECOND APPEAL NO.1312 OF 2004

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 Seva Ashram Shikshan Sanstha
 through Shri S.M.Vanarase & Ors. ..Appellants

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 Versus

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 Shri L.P.Jagdale and Ors. ..Respondents

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 Shri D.B.Patil for appellants
 Shri R.A.Thorat for respondents

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 CORAM : P.V.KAKADE,J.
 DATE : 16th DECEMBER, 2004
 P.C.:

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 1. Heard the learned counsel for both the parties.
 Perused the record.

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 2. In view of the facts and circumstances the appeal is
 disposed of at the stage of admission.

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 3. The impugned order passed by Addl. District Judge,
 Palghar dated 6.11.2004 is under challenged so far as
 clause 4 thereof is concerned. This is dispute between
 the Trustees of Seva Ashram Shikshan Sanstha at Palghar,
 which is having various activities including running of
 the schools. A Scheme came to be framed by the Asstt.
 Charity Commissioner of the said Trust which was
 challenged before the Addl. District Judge, Palghar by
 virtue of Section 72 of the Bombay Public Trust Act
 where under there were challenged, inter alia, the
 legality and propriety of the Order passed by the
 Asstt.Charity Commissioner, Thane Region, Thane on
 application preferred by the Opponents in that
 Application under Section 50A of the Bombay Public Trust
 Act. While dismissing the application the learned
 District Judge remanded the matter directing the Asstt.
 Charity Commissioner to modify the Scheme in the light
 of the observations contained in para No.13 of the
 Judgment with special reference to -

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 (a) He shall make a penal provision as
 observed by him earlier;

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 (b) He shall reconsider the names of first
 Trustees to be appointed by giving opportunity
 to both the sides to ascertain authenticated
 list of members.

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 Clause 4 of the impugned order stipulated that during
 this period the management of the trust should be
 entrusted to the trustees appointed by him by the
 impugned order.

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 . This present appellants have specific grievance
 against the said clause with a submission that the said
 Management who is entrusted affairs of the Trust has
 started indiscriminate transfers of the teachers of the
 schools run by the Trust and therefore, this clause may
 be changed.

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 4. Having considered all relevant aspects and perusing
 the impugned judgment I am of the view that the order of
 remand passed by the Addl. District Judge, Palghar need
 not be interfered with, as it would be in the interest

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 of the affairs of the Trust. At the same time it would
 be necessary to put rider to clause 4 of the impugned
 order so as to put an end to the controversy sought to
 be raised on behalf of the appellants.

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 5. Hence it is hereby directed that the management of
 the trust, if found necessary to make transfers of the
 teachers as well as non-teaching staff of the schools.
 The said orders as well as over all administrative
 decisions, pending the enquiry by the learned Asstt.
 Charity Commissioner shall be subject to scrutiny of the
 Asstt. Charity Commissioner, if any, grievance is to be
 made in that regard.

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 6. With this direction the appeal stands disposed of
 with no order as to costs. Consequently Civil
 Application also disposed of with no order as to costs.

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 C.C. expedited.

Seva Ashram Shikshan Sanstha v. Laxmanrao P. Jagdale and Ors.

Case brief

What is this about?

What did the court decide?

Seva Ashram Shikshan Sanstha v. Laxmanrao P. Jagdale and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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