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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

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High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

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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 Division Bench Hears Appeal Against Joint Charity Commissioner's Order Appointing Trustees to Vishwa Punarnirman Sangha Under Maharashtra Public Trusts Act, 1950; Question of Maintainability of Appeal Against Administrative Directions Under Section 41‑A Referred to Division Bench

The appeal arose from an order dated 19 May 2016 passed by the Joint Charity Commissioner, Mumbai, in Application No. 74/2015 under Sections 47 and 41...

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Bombay High Court Allows Writ Petition Challenging Charity Commissioner's Order Finalising Voters List for Trust Elections - Violation of Natural Justice and Trust Act Provisions. The court set aside the order and directed fresh hearing before finalising the voters list.

The petitioners, Maha Pragya Vidya Nidhi Foundation and another, filed a writ petition challenging the order dated 8.2.2006 passed by the Charity Comm...

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Bombay High Court Quashes Deputy Director's Order Withdrawing Powers of Headmistress in Trust School Dispute. Education Authority Exceeds Jurisdiction by Interfering in Trust Management and Removing Head of Institution Without Legal Authority.

The petitioners, members of Sategaon Education Society, challenged an order dated 30.04.2010 passed by the Deputy Director of Education, Amravati Divi...

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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...