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High Court of Karnataka Adjudicates First Appeal Under Section 96 CPC in a Land Title and Possession Dispute Between Two Educational Trusts. The Appeal Arises from Dismissal of Suit for Declaration, Permanent and Mandatory Injunction by the Trial Court.

The dispute involved two educational trusts, the Golden Valley Educational Trust (plaintiff) and the Vokkaligara Sangha (defendant), over land granted...

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High Court of Karnataka Dismisses Writ Appeal in Trust Dispute — Upholds Single Judge's Order Dismissing Petitions for Lack of Proper Authorization. Trust Failed to Produce Resolution Authorizing Filing of Writ Petitions, Resulting in Dismissal.

The case involves a dispute over the management of Paschim Vibhag Shikshana Mandal, a trust registered under the Bombay Public Trust Act, 1950, and al...

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Bombay High Court Allows Appeal in Trust Dispute, Sets Aside Removal of Trustees Under Bombay Public Trust Act. Court holds that the Charity Commissioner's order removing trustees was without jurisdiction as the dispute was not a 'change' under Section 22 of the Act.

The case involves a dispute among trustees of an educational trust registered under the Bombay Public Trust Act, 1950. The appellants, who were truste...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

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Bombay High Court Allows Appointment of Arbitrator in MOU Dispute Between Developer and Public Trust. Arbitration Clause in MOU dated 16 June 2011 Held Valid and Binding Despite Non-Formation of Special Purpose Entity.

The petitioner, M/s. Devike Constructions and Developers Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, s...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted b...

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High Court of Judicature at Bombay Hears Writ Petitions Against Charity Commissioner's Sanction for Sale of Public Trust Property — Challenge Raised on Grounds of Lack of Public Auction and Violation of Natural Justice Under Section 36 of Bombay Public Trusts Act, 1950.

The writ petitions challenged the Charity Commissioner's order dated 2/9/2011 granting sanction to the trustees of a public trust to sell trust proper...

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Bombay High Court Stays Coercive Recovery Against Mutual Fund in Income Tax Dispute on Trust's Status. Trust Assessed as Association of Persons Cannot Prima Facie Bind Beneficiary Due to Legal Precedent and Hasty Recovery Action Foreclosed Remedies Under Section 177(3) of Income Tax Act, 1961.

The dispute arose from an assessment order for Assessment Year 2009-2010 passed against India Corporate Loan Securitisation Trust, 2008 Series 14, con...

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...