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Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Arrangement Dispute Involving Public Trust. Clause 16 of MOU directing change in trust management held valid and enforceable under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Shri Mahavir Prasad Mansinghka and another, challenged an arbitral award dated 25th November, 2002 under Section 34 of the Arbitratio...

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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.

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

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Bombay High Court Answers Reference in Favor of Assessee-Trust in Income Tax Rate Dispute. Trust with Specified Beneficiaries and Predetermined Shares Held Non-Discretionary Under Income Tax Act, 1961, Section 256(1).

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal. The respondent-assessee, Devshi ...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act.

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (...

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Bombay High Court Examines Challenge to Charity Commissioner's Permission for Lease of Trust Land for 30 Years Without Public Notice. Question Involved Whether Mandatory Advertisement Under Bombay Public Trust Act Was Dispensable for Long-Term Agricultural Lease.

The writ petition was filed by three residents of village Hinglajwadi, claiming to be devotees and interested persons under Section 2(10)(a) of the Bo...