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Search Results for "Trust Suit"

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Supreme Court

Supreme Court Allows Appeal in Trust Administration Dispute — Upholds Grant of Leave Under Section 92 CPC for Scheme Framing. Court holds that trustees with interest in a public charitable trust can maintain a suit for framing a scheme without prior consent under Section 92 CPC if allegations of breach of trust and mismanagement are made.

4 Mar 2020

The Supreme Court allowed the appeal against the High Court's order revoking leave granted under Section 92 of the Code of Civil Procedure, 1908, and ...

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

24 Sep 2024

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

High Court

High Court Dismisses Writ Petition Against Order Holding Suit for Modification of Trust Scheme Not Maintainable Before Persona Designata. The District Judge as Persona Designata Does Not Have Jurisdiction to Amend the Scheme Framed Under Section 92 CPC; Such Suits Must be Filed in Civil Court.

22 Apr 2025

This writ petition arises from a challenge to the order dated 5 December 2024 passed by the President of Shree Dnyaneshwar Maharaj Sansthan, Alandi, P...

High Court

High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Rejected for Lack of Authorization and Proper Court Fee. The court held that the suit filed by a trust through its working chairman was not maintainable as the plaint was not signed and verified by a duly authorized person, and the court fee paid was insufficient.

9 Mar 2015

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

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

High Court

Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

4 Jun 2015

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Club Membership Dispute Under MPT Act. The court held that the Trial Judge must examine whether the reliefs sought fall under Section 50 of the Maharashtra Public Trusts Act, 1950, before rejecting the plaint for want of prior consent of the Charity Commissioner.

12 Jun 2017

The appellant, Rajesh Chunilal Meghani, filed a civil suit (Suit No. 3602 of 2015) in the City Civil Court at Bombay against The Andheri Recreation Cl...

Supreme Court

Supreme Court Dismisses Appeal in Charitable Trust Property Sale Dispute. The Court upheld the Bombay High Court's order directing sale to the highest bidder, emphasizing trustees' duty to maximize value under Section 36(1) of the Maharashtra Public Trust Act, 1950, and found the appellant's delayed deposit insufficient to overturn the sale.

19 Jul 2021

The appeal arose from a judgment of the Bombay High Court concerning the sale of property belonging to Govardhan Sanstha, a registered charitable trus...

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