DHANRAJ NATTHUJI KALE Vs. GOVINDRAO LAXMANRAO CHOUDHARY

JUDGEMENT

(1.) Heard, Admit. Taken up for final disposal with consent of counsel for the rival parties. I have gone through the impugned judgments and orders recorded by the Courts below. I have also heard the Learned Counsel for the rival parties at length. Upon hearing them, I find that the following substantial questions of law arise in the present second appeal.

(2.) In Vajubhai Patel and another vs. Joint Charity Commissioner, Maharashtra State, Mumbai and others, a Single Judge of this Court after looking at the nature of the proceedings under section 41-D of the Bombay Public Trust Act held thus in para 11 --

(3.) Respectfully agreeing with and keeping in mind the above view, I have examined the impugned judgment and order made by the Joint Charity Commissioner, the first authority, and the manner of conduct of proceedings by him, to say the least, in my opinion, the learned Joint Charity Commissioner has dealt with the matter in a casual way and has not followed the law laid down by this Court as aforesaid. The allegations which were levelled against the appellant trustees were -