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Search Results for "Trustee suit"

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High Court

Bombay High Court Dismisses Second Appeal in Trust Property Ejectment Case — Tenant's Legal Heirs Fail to Challenge Concurrent Findings on Authority and Default. Suit for Ejectment and Mesne Profits Decreed as Trust Properly Authorized Suit Through Resolution and Tenant Committed Default in Payment of Rent.

22 Oct 2013

The case involves a second appeal filed by the legal heirs of the original defendant against the judgment and decree of the Additional District Judge,...

High Court

Bombay High Court Dismisses Interim Application in Trust Dispute Over Appointment of Trustees and Management Control. Court holds that the balance of convenience lies in maintaining status quo pending trial, as the plaintiffs failed to establish a prima facie case for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves an interim application filed by the plaintiffs, Lilavati Kirtilal Mehta Medical Trust through its trustee Mrs. Charu Mehta...

High Court

High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

30 Oct 2025

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

Supreme Court

Supreme Court Allows Trust's Suit Against Sevadar, Holds Section 92 CPC Inapplicable to Suits by Trusts. Trust's Suit for Mandatory Injunction and Rendition of Accounts Against Sevadar Maintainable Without Leave Under Section 92 CPC.

31 Jan 2020

The appellant, Ghat Talab Kaulan Wala, a trust, filed a suit for mandatory injunction against Baba Gopal Dass, who was a Sevadar (servant) of the temp...

High Court

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.

4 Feb 2010

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

High Court

High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Not Filed by Authorized Person. Suit for ejectment and mesne profits dismissed as the person filing the suit on behalf of the Trust was not duly authorized under the Trust Deed.

9 Mar 2015

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...

High Court

Karnataka High Court Allows Trust's Petition but Holds Court Fee Payable Under Section 27 of KCF & SV Act for Suit Against Third Party. Trust's suit for declaration of title and possession against a third party is not covered by Section 24 (trust property suits) but by Section 27 (suits for possession), requiring ad valorem court fee.

5 Sep 2013

The petitioner, Sri Radhakrishna Bhakta Mandali Trust, a registered charitable trust, filed a suit (OS 3325/09) before the City Civil Judge, Bangalore...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

Supreme Court

Supreme Court Allows Appeal in Trust Administration Dispute — Upholds Grant of Leave Under Section 92 CPC for Scheme Framing. Court holds that trustees with interest in a public charitable trust can maintain a suit for framing a scheme without prior consent under Section 92 CPC if allegations of breach of trust and mismanagement are made.

4 Mar 2020

The Supreme Court allowed the appeal against the High Court's order revoking leave granted under Section 92 of the Code of Civil Procedure, 1908, and ...

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