Haeem H. Birwadkar v. Joint Charity Commissioner & Ors.
Case at a glance
- Decided
- 26 Aug 2009
- Bench
- S KATHAWALLA
Provisions considered
- Bombay Public Trusts Act, 1950 s. 36(1)(a)
- Constitution of India arts. 226, 227
Judgment
Ms. Ujwala D. Sawant, i/b. R.V. Govilkar, for Petitioner. Mr. D. Madon, Senior Counsel, a/w. Mr. Sanjay Jain, i/b. D.F. Sharma, for Respondents. .... CORAM : S.J.KATHAWALLA, J. DATE : 26TH AUGUST 2009. P.C. By this writ petition, the petitioner is impugning the sanction granted by the Charity Commissioner for alienation of the trust property under section 36(1)(a) of the Bombay Public Trusts Act, 1950.
The petition was earlier filed under articles 226 and 227 of the Constitution of India. Later, the words “ and 227” were deleted and the petition was confined only to Article 226. The petition as it stands cannot be heard by the Single Judge on the Original Side under 2 Rule 636 of the High Court (Original Side) Rules and will have to be heard by the appropriate Division Bench on the Original Side. If the writ petition is amended and Articles 226 and 227 are invoked, the petition will have to be heard by the learned Single Judge on the Appellate Side.
In any event, the same cannot be heard by the Single Judge on the Original Side. The petitioner may take appropriate steps and have the petition placed before the appropriate Bench.
[ S.J.KATHAWALLA, J. ]
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bombay Public Trusts Act, 1950 — s. 36(1)(a); Constitution of India — arts. 226, 227.
Which court decided this case, and when?
Bombay High Court, on 26 Aug 2009. The bench was S KATHAWALLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.