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Supreme Court Sets Aside High Court's Declaration of Right to Appointment as Trustees in Suit Not Complying with Section 92 CPC. Bare Declaration of Right Without Consequential Relief is Barred by Section 42 of Specific Relief Act, 1877.

The case originated from a charitable trust created by a deed of settlement in 1953. The original trustees included the settlor, the fathers of the tw...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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Supreme Court Dismisses Priest's Appeal in Temple Mismanagement Case, Upholds Deity's Suit for Possession. Suit by Deity Against Person in Management for Mismanagement of Private Trust Not Barred by Section 92 CPC; Court Directs Framing of Scheme Under Order 41 Rule 33 CPC.

The suit was filed in 1947 by the deity Thakur Janki Ballabhji Maharaj, installed in a temple at Brindaban, Uttar Pradesh, acting through its manager ...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...