Dismissed

Kelapur Edu.Soc. Thr.Its Members of the Managing Committee Dr. Purushotam v. Ghawade and Others v State of Mah. Thr. Secretary to Ministry of Law and Judiciary Dept. and Others

Bombay HC19 Mar 2013CAZ/11/2013

Case brief

AI extract

What is this about?

Letters Patent Appeal against Single Judge's order dismissing Writ Petition challenging Assistant Charity Commissioner's decision to reject clubbing of Change Reports for years 1991 and 1992. Appeal rejected.

What did the court decide?

Letters Patent Appeal and stay application dismissed.

What the court decided

Kelapur Edu.Soc. Thr.Its Members of the… — Civil Procedure and Limitation | Bombay HC (2013)

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L.P.A. No. 08/2013

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR

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LETTERS PATENT APPEAL NO. 08 OF 2013 IN WRIT PETITION NO. 3558 OF 2012 (D)

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KELAPUR EDUCATION SOCIETY, PANDHARKAWADA AND OTHERS

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..VERSUS..

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STATE OF MAH., MINISTRY OF LAW AND JUDICIARY AND OTHERS

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. R. L. Khapre, Advocate for the appellants. Mr. T.A. Mirza, A.G.P. for respondent nos.1 and 2. Mr. P.A. Gode, Advocate for respondent no.3 Mr. A. C. Dharmadhikari, Advocate for the respondent no.4

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CORAM : B. R. GAVAI and P. B. VARALE, JJ. DATE : MARCH 19, 2013.

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Heard learned counsel for the respective

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parties.

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The appeal takes exception to the order passed by the learned Single Judge, dated 12.12.2012, thereby dismissing Writ Petition No. 3558/2012 filed by the present appellant, which was in turn filed challenging the order passed by the Assistant Charity Commissioner, Yavatmal, dated 19.06.2012, rejecting the application filed by the appellant for clubbing of the Change Reports and deciding them together.

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Perusal of the order passed by the learned Single Judge shows that the learned Single Judge has come to the conclusion that the decision of the Assistant Charity Commissioner in respect of Change Reports for the year 1991 and 1992 will go to the root of the matter

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L.P.A. No. 08/2013

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inasmuch as these Change Reports pertain to the issue of membership.

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The learned Assistant Charity Commissioner has also given sound reasons for not allowing the application for clubbing the change reports. It has been observed that the trial in the Change Report for the years 1991 and 1992 has proceeded much in advance.

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In this view of the matter, no interference of this Court is required in appellate jurisdiction. The Letters Patent Appeal is, therefore, rejected. No order as to costs.

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Consequently, Civil Application (CAZ) No. 11/2013 for stay is also rejected.

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JUDGE JUDGE

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Diwale

Kelapur Edu.Soc. Thr.Its Members of the Managing Committee Dr. Purushotam v. Ghawade and Others v State of Mah. Thr. Secretary to Ministry of Law and Judiciary Dept. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Kelapur Edu.Soc. Thr.Its Members of the Managing Committee Dr. Purushotam v. Ghawade and Others v State of Mah. Thr. Secretary to Ministry of Law and Judiciary Dept. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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