Created by Fuzzy Cloud

Bombay Public Trust Act, 1950

35 judgments · newest first · showing 1–35

MADANLAL RADHELAL BANSALversusAGRAWAL SAMAJ TRUST DAHOD

39-RULE DISCHARGED/DISMISSED @ FH

The appellants, trustees of Agarwal Samaj Trust, filed a petition under Section 56 of the Bombay Public Trust Act, 1950 seeking to have several immovable properties treated as trust assets and to restrain the former president and secretary (respondents) from disposing of them. The trial court …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

PRAVINBHAI D DOSHIversusSHRI KUNDKUND KAHAN PARAMARTHIK TRUST, SONGADH

39-RULE DISCHARGED/DISMISSED @ FH

The petitioners, trustees of a Jain trust, challenged orders of the Joint Charity Commissioner that upheld a resolution to continue a large religious construction project and stayed a resolution to cancel it. They alleged lack of jurisdiction, denial of hearing, and that the Commissioner exceeded …

ADV BABASAHEB WASADE & ORSversusMANOHAR GANGADHAR MUDDESHWAR & ORS

2024 INSC 52Appeal(s) allowed

The Shikshan Prasarak Mandal, a charitable society, faced a dispute over the validity of its 2002 executive elections after the President, Vice‑President, Secretary and other office‑bearers had died, leaving a Working President, Adv. Babasaheb Wasade, to manage affairs. Sixteen members requested a …

SAYUNKTA SANGARSH SAMITI & ANRversusTHE STATE OF MAHARASHTRA & ORS.

2023 INSC 1080Dismissed

The case concerned a slum rehabilitation project in Lower Parel, Mumbai, where a developer and a minority group of hutment dwellers (Sayunkta Sangharsh Samiti) entered into a private Memorandum of Understanding (MoU) to allocate flats in towers D, E and F exclusively to the society members, …

MAHARASHTRA STATE BOARD OF WAKFSversusSHAIKH YUSUF BHAI CHAWLA & ORS.

2022 INSC 1127Case Partly allowed

The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of …

CHARU KISHOR MEHTAversusJOINT CHARITY COMMISSIONER, GREATER BOMBAY REGION & ORS.

2015 INSC 210Dismissed

The appellant, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, alleged that the other trustees and the deceased managing trustee misappropriated trust assets and were guilty of non‑feasance and mal‑feasance. An application under Section 41D of the Bombay Public Trust Act was filed …

KISHOR K. MEHTAversusREKHA H. SHETH & ORS.

2014 INSC 976Disposed off

The petitioner, a lifetime trustee of the Lilavati Kirtilal Mehta Medical Trust, alleged that respondent No.6 failed to give notice of a Board of Trustees meeting as ordered by this Court on 14 February 2014, constituting willful contempt. The Court had earlier stayed the meeting scheduled for 7 …

BHASKAR LAXMAN JADHAV & ORS.versusKARAMVEER KAKASAHEB WAGH EDUCATION SOCIETY & ORS.

2012 INSC 582Disposed off

The trustees of Shri Vyankatesh Mandir Trust sought to sell nine acres of agricultural land belonging to the trust, entering into multiple agreements with the petitioners and repeatedly applying to the Joint Charity Commissioner (JCC) for extensions of time to complete the sale. The JCC rejected …

MARUTI NIVRUTTI NAVALEversusSTATE OF MAHARASHTRA & ANR.

2012 INSC 385Dismissed

The appellant, founder and managing trustee of a technical education society, was accused by a charity trust of forging lease deeds and submitting false information to obtain permission for running a school. The trust alleged that the appellant altered documents, forged a lease for 87 years, and …

PRAGATI MAHILA MANDAL, NANDEDversusMUNICIPAL COUNCIL, NANDED AND ORS.

2011 INSC 140Appeal(s) allowed

Pragati Mahila Mandal, a charitable trust, was allotted a 60‑year lease of a plot by Nanded Municipal Council to start a school for girls. Unable to fund the school, it instead operated a hostel for girls and working women on a no‑profit basis. A public‑interest writ petition filed by Anil …

MAHARASHTRA UNIVERSITY OF HEALTH SC. & ORS.versusSATCHIKITSA PRASARAK MANDAL & ORS.

2010 INSC 124Appeal(s) allowed

The Maharashtra University of Health Sciences (MUHS) constituted a Grievance Committee under Section 53 of the Maharashtra University of Health Sciences Act, 1998 to address complaints of two unapproved lecturers (the 5th and 6th respondents) alleging sexual harassment and other mistreatment. The …

HIDAYATKHAN BISMILLAKHAN PATHANversusVAIJNATH AND ORS.

2009 INSC 703Appeal(s) allowed

The case concerned the Marathwada Sarvodya Shikshan Prasarak Mandal, a public trust, where disputes arose over the validity of elections held in 2001. The first respondent challenged the election, but the Joint Charity Commissioner dismissed the limitation defence and initiated suo‑moto proceedings …

HAMIDKHANversusASHABI & ORS.

2008 INSC 1319Case Partly allowed

The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be …

KISHOR KIRTILAL MEHTA AND ORS.versusLILAVATI KIRTILAL MEHTA MEDICAL TRUST AND ORS.

2007 INSC 736Disposed off

The Supreme Court considered appeals arising from a suit concerning the administration of the Lilavati Kirtilal Mehta Medical Trust under the Bombay Public Trust Act, 1950. The trial court had struck out portions of the written statements of defendants 11‑13 and parts of the plaintiff's affidavit, …

VINOD KUMAR MATHURSEVA MALVIA AND ANR.versusMAGANLAL MANGALDAS GAMETI AND ORS.

2006 INSC 124Disposed off

The case involved three trusts registered under the Bombay Public Trust Act, 1950, where several change notices for appointment and deletion of trustees were filed. The Assistant Charity Commissioner approved a change notice without conducting the mandatory enquiry, prompting the Joint Charity …

AJENDRAPRASADJI NARENDRAPRASADJI PANDEYversusSWAMI K. NARAYANDASJI AND ORS.

2005 INSC 280Disposed off

The case concerned the removal of Ajendraprasadji Narendraprasadji Pandey from the post of Acharya of a Swaminarayan religious institution and the subsequent appointment of Rakesh Prasadji Mahendra Prasadji. The removal was based on a resolution passed by a body calling itself Satsangha Mahasabha, …

RAJESH D. DARBAR AND ORS.versusNARASINGRAO KRISHNAJI KULKARNI AND ORS.

2003 INSC 372Disposed off

The dispute concerned the eligibility of 38 persons listed in the electoral roll for the 1996 election of the managing committee of Vidya Vardhak Sangh, a society registered under the Societies Registration Act and the Bombay Public Trust Act. The appellants argued that the election was void because …

SAHEBGOUDA (DEAD) BY LRS. AND ORS.versusOGEPPA AND ORS.

2003 INSC 192Appeal(s) allowed

The appellants, who claim to be hereditary pujaris of the Amogsidda temple, filed a suit in the civil court seeking a declaration of their pujariki rights and an injunction against interference by the respondents. The respondents argued that the suit was barred by Section 80 of the Bombay Public …

K. SHAMRAO AND ORS.versusASSISTANT CHARITY COMMISSIONER

2003 INSC 136Dismissed

The appellants, editors of a newspaper, were prosecuted for contempt after publishing material alleged to scandalise the administration of justice. The contempt petition was filed by the Assistant Charity Commissioner, who was a serving civil judge appointed under Section 5 of the Bombay Public …

PADMAversusHIRALAL MOTILAL DESARDA & ORS.

2002 INSC 371Disposed off

The Supreme Court examined a public‑interest writ filed by Padma challenging CIDCO's bulk sale of developable land in Aurangabad. The High Court had held that the allotments to several private entities were made without Board approval, at prices below the reserve price, and in violation of Section …

PHYSICAL RESEARCH LABORATORYversusK.G. SHARMA

1997 INSC 390Appeal(s) allowed

The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the …

KRISHNA VEER SINGH BACHAN SINGH CHAUHANversusWASUDEO MOTIRAM KALMEGH AND ANR.

1995 INSC 517Disposed off

The petitioner, Krishna Veer Singh Chauhan, was appointed Secretary of the Vidharbha Rashtrabhasha Prachar Samiti in 1982 but the respondents forcibly took control of the trust's affairs and properties. The petitioner obtained orders from the Joint Charity Commissioner and the Supreme Court …

VIRUPAKSHAYYA SHANKARAYYAversusNEELAKANTA SHIVACHARYA PATIADADEVARU

1995 INSC 192Appeal(s) allowed

The respondent‑plaintiff sought possession of a math (public trust) claiming to be the valid Padadayya, challenging the installation of earlier Padadayyas. An earlier proceeding before the Privy Council had held that Shivalingayya was validly nominated and installed, a decision the plaintiff was not …

GOLLALESHWAR DEV AND ORS.versusGANGAWWA KDM SHANTAYYA MATH & ORS.

1985 INSC 231Appeal(s) allowed

The case concerned an ancient temple registered as a public trust under the Bombay Public Trust Act, 1950. After trustees terminated the services of two licensees who refused to vacate temple premises, the trustees filed suits for declaration of title and possession. Earlier suits were dismissed for …