✦ Bombay High Court · 09 Sep 2010

Letters Patent Appeal No. 48 of 2009 · High Court · 2010

Letters Patent Appeal No. 48 of 2009K K TATED, NARESH H PATIL

Case at a glance

Outcome

Dismissed

Patent Appeal stands dismissed

Provisions considered

Key paragraphs

  • Para 22. We have perused the provisions of Section 50 and 51 of the Bombay Public Trusts Act, 1950 and the Order passed by the learned Single Judge. We do not notice any glaring error or perversity in the Order passed by the learned Single Judge…

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.48 OF 2009 IN WRIT PETITION NO.2052 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.T. Shelke Advocate for Appellant.. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 9TH SEPTEMBER, 2010.

1.

Heard. Learned counsel Shri. Shelke submits that the application filed by the Respondent for seeking permission under Section 51 of the Bombay Public Trusts Act, 1950, for filing Suit under Section 50 of the Act is not maintainable. The Respondent does not have a legal right to claim relief as asked for, as reflected in the application. The counsel further submits that the learned Single Judge committed error in rejecting the 2 Court’s or Judge’s Orders Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Petition.

Operative part

2.

We have perused the provisions of Section 50 and 51 of the Bombay Public Trusts Act, 1950 and the Order passed by the learned Single Judge. We do not notice any glaring error or perversity in the Order passed by the learned Single Judge to exercise our jurisdiction under Letters Patent Appeal. The Letters Patent Appeal stands dismissed. [K.K. TATED, J.] [NARESH H. PATIL,J.] asb/SEPT10/lpa48.09

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Patent Appeal stands dismissed

Which statutory provisions did this judgment involve?

Bombay Public Trusts Act, 1950 — ss. 50, 51.

Which court decided this case, and when?

Bombay High Court, on 09 Sep 2010. The bench was K K TATED, NARESH H PATIL.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Letters Patent Appeal No. 48 of 2009). ← Search more judgments