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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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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 Contempt Petition Against Office Bearers of Ayyappa Samajam for Alleged Violation of Consent Terms. Court holds that contempt proceedings are not maintainable against persons who are not parties to the consent terms and that the remedy lies in execution proceedings.

The petitioners filed a contempt petition alleging that the respondents, office bearers of Ayyappa Samajam, Nagpur, violated consent terms recorded in...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act.

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (...

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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...

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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 Writ Petitions Challenging Refusal of Approval for Teacher Appointments by Education Inspector. Dispute over validity of managing committee and school committee pending before Charity Commissioner does not justify blanket refusal to approve appointments of teachers.

The petitioner, Dayanand Vedic Hindi Vidyalaya (Sanchalak Samiti), a registered public trust, filed two writ petitions challenging orders of the Educa...

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Bombay High Court Dismisses Builder's Challenge to Trust's Property Sale Without Public Advertisement. Permission Granted Under Section 36 of Indian Trusts Act, 1882 for Alienation at Rs.661 per sq.ft. Held Adequate.

The petitioner, a builder, challenged an order dated 31st May 2005 passed by the Court granting permission to the respondent No.1 Trust to alienate it...

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Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint ...