Gujarat High Court High Court

Malav vs Babubhai on 1 October, 2010

Gujarat High Court
Malav vs Babubhai on 1 October, 2010
Author: Mr.S.J.Mukhopadhaya,&Nbsp;Honourable Mr.Justice K.M.Thaker,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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LPA/2205/2010	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

LETTERS
PATENT APPEAL No. 2205 of 2010
 

In
SPECIAL CIVIL APPLICATION No. 8821 of 2010
 

With
CIVIL APPLICATION No. 11277 of 2010
 

In
LETTERS PATENT APPEAL No. 2205 of
2010 
 
=================================================


 

MALAV
JASWANTLAL & 6 - Appellant(s)
 

Versus
 

BABUBHAI
J SHAH & 15 - Respondent(s)
 

================================================= 
MR
SHITAL R PATEL for Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5,1.2.6  
None for Respondent(s) : 1 -
16. 
=================================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.M.THAKER
		
	

 

Date
: 01/10/2010 

 

ORAL
ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

This
appeal has been preferred by the appellant-petitioner against the
order dated 30.07.2010 passed by the learned Single Judge in Special
Civil Application No.8821 of 2010. By the said order, learned Single
Judge allowed the petitioner to avail alternative efficacious remedy
u/Sec.41A of the Bombay Public Trusts Act, 1950.

Learned
counsel for the petitioner would submit that the petitioner had also
raised the question relating to de-registration, but such matter has
not been discussed nor decided by the learned Single Judge. The
Charity Commissioner has no jurisdiction u/Sec.41A to decide the
aforesaid issue. However, as we find from the order that such
question relating to de-registration of the trust has not been raised
nor answered, we are not inclined to give any finding on merit in
this regard. Petitioner, if so chooses, may prefer a review petition
before the learned Single Judge. The Letters Patent Appeal and Civil
Application both stand disposed of.

(S.J.

MUKHOPADHAYA, C.J.)

(K.M.

THAKER, J.)

[sn
devu] pps

   

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