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Search Results for "Trust Property"

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Supreme Court

Supreme Court Allows Appeal in Charity Trust Dispute — Upholds Trustee's Right to Alienate Trust Property with Charity Commissioner's Sanction. The Court held that the Bombay Public Trusts Act, 1950 does not require prior consent of all trustees for alienation of trust property; sanction of the Charity Commissioner under Section 36 is sufficient.

1 Jan 2015

The appellant, Charu Kishor Mehta, is the permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public registered trust governed by the Bo...

High Court

Bombay High Court Dismisses Petitions Challenging Lease of Trust Property by Trustees, Upholding Validity of Lease Under Section 36 of Bombay Public Trusts Act, 1950. Court holds that trustees have power to lease trust property for a term exceeding one year with sanction of Charity Commissioner, and that the lease in question was validly granted.

30 Nov -0001

The judgment involves two writ petitions filed in the Bombay High Court. The first petition (WP No. 1486 of 1994) was filed by M/s. N.D. Construction,...

High Court

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.

19 Sep 2016

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...

High Court

Bombay High Court Quashes Charity Commissioner's Permission for Sale of Trust Property Due to Inadequate Valuation and Procedural Irregularities. The Court held that the Joint Charity Commissioner failed to conduct an independent assessment of market value and did not ensure compliance with tender conditions, violating Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950.

7 Mar 2025

The petitioner, a former trustee of Respondent No.2 Trust, challenged an order dated 8th July 2024 passed by the Joint Charity Commissioner-2, Mumbai,...

High Court

Bombay High Court Allows Trust to Sell Land for Temple Development Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1958. Joint Charity Commissioner's Rejection Set Aside for Non-Application of Mind.

14 Jul 2022

The Petitioner, a registered charitable trust under the Maharashtra Public Trusts Act, 1958, sought permission under Section 36(1)(a) of the Act to se...

High Court

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.

29 Jun 2005

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...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

High Court

Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

30 Jan 2026

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of th...

High Court

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.

3 Dec 2018

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

High Court

High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

30 Oct 2025

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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