Search Results for "Trustee suit"

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Search Results for "Trustee suit"

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High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Bombay High Court Allows Appeal in Provident Fund Nomination Dispute — Nominee Entitled to Receive Amount as Trustee for Heirs. Joint Nomination Creates Co-Trusteeship Under Employees' Provident Funds Act, 1952.

6 Apr 2010

The appellant, Antonio Joao Fernandes, filed a suit claiming 50% of the provident fund amount of his deceased cousin Joazinho Dias, who had nominated ...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide.

1 Feb 2018

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging th...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Eviction Suit — Power of Attorney Validity and Evidentiary Value of Documents Under Scrutiny. Court sets aside appellate order remanding suit for fresh trial, holding that the appellate court exceeded its jurisdiction under Section 29A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 by interfering with trial court's discretion in marking documents.

28 Nov 2023

The Petitioner, Shree Raj Shrushti Residency Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging an order d...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

30 Nov -0001

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

High Court

Bombay High Court Dismisses Second Appeal Challenging Ceiling Proceedings: Collusive Partition Decree Not Binding on State. Findings of Maharashtra Agricultural Lands Ceiling Authorities, Confirmed by Supreme Court, Held Binding on Plaintiff Despite Alleged Family Arrangement.

29 Mar 2010

Background: The litigation originated from a dispute over agricultural land declared surplus under the Maharashtra Agricultural Lands (Ceiling on Hold...

High Court

Bombay High Court Quashes SRA Acquisition Notice for Church Land, Upholds Owner's Preferential Right to Redevelop Slum. The Court held that the owner of slum land has a preferential right to redevelop the land under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and the Slum Rehabilitation Authority cannot acquire the land for a private developer without considering the owner's proposal.

11 Jun 2024

The petitioner, a public trust managing Mount Mary's Church in Bandra, Mumbai, owned land admeasuring 9371.30 sq. meters, out of which 1596.40 sq. met...

Supreme Court

Supreme Court Allows Appeal in Tenancy Exemption Case — Trust Registration After Tillers' Day Does Not Bar Exemption Under Section 88B of Bombay Tenancy Act. The Court held that the exemption under Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 applies to land belonging to an institution of public religious worship, regardless of when the trust was formally registered, and the tenants did not become deemed purchasers on Tillers' Day.

18 Sep 2019

The appeal arose from a judgment of the Bombay High Court that quashed an exemption certificate issued under Section 88B of the Bombay Tenancy and Agr...

High Court

Bombay High Court Dismisses Third Party's Impleadment in Probate Petition — Only Beneficiaries Under a Will Can Be Impleaded as Parties to a Probate Petition. The Court held that a third party not a beneficiary under a Will has no locus standi to be impleaded in a probate petition under the Indian Succession Act, 1925.

3 Jul 2014

The petitioner, Mrs. Pravina Vikrant Ghotge, filed a probate petition in the Bombay High Court seeking to implead a third party as a respondent. The b...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Lack of Proof of Partition and Encroachment. Vendor Cannot Transfer Better Title Than He Has Under Nemo Dat Quod Non Habet Principle; Oral Admissions Insufficient to Prove Partition Under Section 58 of Indian Evidence Act, 1872.

9 Aug 2024

The dispute pertains to a suit property bearing No.407, Nazul Block No.9, admeasuring 1251 sq.ft. out of half share, situated in Gandhi Ward No.2, Hin...

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