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Bombay High Court Allows Arbitration Application by Beneficiaries of Trust Under Section 11 of Arbitration and Conciliation Act, 1996 — Non-Signatory Beneficiaries Can Invoke Arbitration Clause in Trust Deed.

The applicants, beneficiaries of the first respondent trust (a private family trust created by a Deed of Trust dated 6th April 1983), filed an applica...

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Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

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Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

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Bombay High Court Dismisses Petitioner's Challenge to Charity Commissioner's Order in Trust Membership Dispute. Court upholds that the petitioner failed to prove his membership in the trust and that the election of trustees was valid under the Maharashtra Public Trusts Act, 1950.

The petitioner, Avinash Shegaonkar, filed a writ petition challenging the order of the Joint Charity Commissioner, Nagpur, dated 30th June 2017, which...

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Bombay High Court Allows Revision in Trust Property Dispute — Civil Court Jurisdiction Not Ousted by Bombay Public Trusts Act. Suit for Declaration of Ownership and Injunction Maintainable as Dispute Involves Title, Not Just Trust Administration.

The petitioners (original defendants) filed a civil revision application challenging the order of the District Court which set aside the trial court's...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...