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High Court Quashes Cognizance Order in PF Embezzlement Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution Against Trust Secretary and Founder Trustee for Offences Under Sections 406, 409 IPC Quashed as They Were Public Servants Acting in Discharge of Official Duty.

The petitioners, Ms. Swapna (Secretary) and Sri B.R. Ramesh (Founder Trustee) of Sri Balaji Educational Charitable Trust, filed a petition under Secti...

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Bombay High Court Quashes Assistant Charity Commissioner's Order Staying Elections Under Section 41A of Maharashtra Public Trusts Act, 1950. Section 41A Cannot Be Used to Interfere with Mid-Election Process; Election Disputes Must Be Resolved Through Change Reports.

The case involves a public trust, Shree Durga Mandir Sarvajanik Devasthan Vishwasta Mandal, Nagpur. Respondent Nos. 2 and 3, claiming to be appointed ...

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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 Dismisses Trust's Writ Petition in Eviction Case — Appellate Court's Reversal Upheld. Landlord Trust Failed to Establish Bona Fide Need for Suit Premises Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Ajitnath Jain Shwetambar Mandir Trust Nagpur, a trust registered under the Bombay Public Trusts Act, 1950, filed Regular Civil Suit No...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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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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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...