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Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of th...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Lead Oral Evidence in Charity Proceedings. Section 73A of the Maharashtra Public Trusts Act, 1950 does not confer a right to lead oral evidence; only joinder and written submissions are permitted.

The petitioner, Sanket Janardan Bhase, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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Bombay High Court Allows Appeal in Trust Dispute Over Alleged Forged Documents and Election Irregularities Under Maharashtra Public Trusts Act, 1950. The court set aside the District Judge's order and remanded the matter for fresh consideration of the change report.

The present appeal was filed by the original respondent Nos.1 to 6 challenging the Judgment and order dated 07.04.2017 passed by the learned District ...

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Bombay High Court Quashes Permission to Sue Under Section 51 of Maharashtra Public Trusts Act for Violation of Natural Justice. Notice to Proposed Defendant Trust Mandatory Before Granting Consent to File Civil Suit.

The petitioner, Shri Shivaji Shikshan Sanstha, Amravati, challenged an order dated 3.7.2019 passed by the Assistant Charity Commissioner, Bhandara, wh...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Trust Dispute Due to Lack of Jurisdiction. Civil Court Cannot Entertain Suit Relating to Public Trust Administration When Exclusive Remedy Lies Before Charity Commissioner Under Sections 80 and 50 of Bombay Public Trust Act, 1950.

The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking various reliefs against the trustees of Respondent No.3 Tru...

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Bombay High Court Allows Appeal Against Removal of Trustees Under Bombay Public Trusts Act — Charges Not Proved. Section 41D Removal Requires Proof of Specific Charges; Mere Default in Filing Returns Not Sufficient for Removal.

The case involves a second appeal filed by eleven trustees (appellants) against the judgment and order dated 6-3-2012 passed by the Joint Charity Comm...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Contempt Petition Against Appellate Authority Under RTI Act. First Appellate Authority under Right to Information Act, 2005 is not a 'Court' within the meaning of Section 2(b) of the Contempt of Courts Act, 1971.

The Petitioner filed a contempt petition alleging breach of an order dated 29th May 2007 passed by the First Appellate Authority and Deputy Commission...

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Bombay High Court Quashes Restraint Order Against Trust Secretary in Bombay Public Trusts Act Case — Interim Relief Granted Pending Change Report Decision. Court holds that newly elected body cannot assume office without acceptance of change under Section 41-A of Bombay Public Trusts Act, 1950.

The petitioner, Babanrao Jawade, was the Secretary of a trust and claimed to have been acting as such since 1985. The last elections to the trust were...