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Bombay High Court Allows Appeal Against Removal of Trustees Under Maharashtra Public Trusts Act — Proceedings Against Deceased Persons Renders Order Illegal. The court held that continuing proceedings against dead persons violates natural justice and the order is per se illegal.

The present appeal was filed by Dr. Avinash Dekate and Venimadhav Akolkar challenging the order dated 15/12/2018 passed by the Joint Charity Commissio...

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Supreme Court Reduces Penalty in Stamp Duty Dispute for Deed of Assent Treated as Gift Deed. Collector's Imposition of Maximum Ten-Times Penalty Set Aside for Lack of Reasoning and Discretionary Exercise.

The case involves a dispute over stamp duty and penalty imposed on a Deed of Assent executed by the Trustees of H.C. Dhanda Trust. Late Shri Harish Ch...

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Supreme Court Dismisses Appeal by Temple Idol Against Sale of Trust Property, Holds Trust is Private and Not Governed by Tamil Nadu HR&CE Act. Deed of Settlement Did Not Create a Specific Endowment in Favor of the Deity.

The appeal arose from a judgment of the Madurai Bench of the Madras High Court dismissing the second appeal of the appellant, the Idol of Sri Renganat...

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Bombay High Court Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950.

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Gir...

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Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...

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Bombay High Court Upholds Assessee in Income Tax Reference on Clubbing of Trust Income Under Section 64(1)(vii) of Income Tax Act, 1961. Trust Created Pursuant to Divorce Decree Under Parsi Marriage & Divorce Act, 1936, Constitutes Adequate Consideration, Excluding Income from Clubbing Provisions.

The case pertains to an income tax reference under section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, Behram B. Dubash. The ...