Search Results for "Fiduciary Capacity"

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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Allows Developer's Challenge to RTI Disclosure Order — Building Plans Held Exempt as Personal Information Under Section 8(1)(j) of RTI Act. Third Party Proprietary Plans Not Subject to Disclosure Absent Larger Public Interest.

The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commi...

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Bombay High Court Allows University Petition Against SCIC Order on RTI Procedure for Answer Books. Vice Chancellor's Circular Requiring RTI Applications to be Made to PIO Held Valid Under Section 14(8) of Maharashtra Universities Act, 1994, Not Inconsistent with RTI Act, 2005.

The University of Pune filed a writ petition challenging an order of the State Chief Information Commissioner (SCIC) dated 27 December 2013. The SCIC ...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Upholds Information Commission Order Directing MPSC to Disclose Answer Keys and Marksheets in Recruitment Examination. MPSC's Claim of Fiduciary Relationship and Exemptions Under RTI Act Rejected; Transparency in Public Recruitment Upheld.

The judgment arises from three writ petitions concerning the disclosure of answer keys and marksheets of candidates who appeared for a recruitment exa...

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Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...