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Search Results for "Trust Suit"

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High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

Bombay High Court Dismisses Appeals in Trust Property Dispute — Upholds Charity Commissioner's Order for Scheme of Management. Beneficiaries of a public trust have no right to seek removal of trustees or challenge alienation of trust property without prior sanction under Section 36 of the Maharashtra Public Trusts Act, 1950.

30 Nov -0001

The case involves two first appeals arising from a suit filed by the appellants, who claimed to be beneficiaries of a public trust known as 'Shri Sant...

High Court

Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

1 Jul 2014

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

High Court

Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

5 Jul 2013

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

High Court

Bombay High Court Considers Maintainability of Civil Suit Challenging Registration of Land as Public Trust Under Bombay Public Trusts Act, 1950. The core issue pertains to whether the land is madad-mash inam, which falls outside the purview of the Trust Act, thus the civil court has jurisdiction.

13 Nov 2006

The second appeal arose from a civil suit filed by the original plaintiff (appellant) challenging the registration of his agricultural land as a publi...

High Court

Bombay High Court Allows Second Appeal in Trust Land Possession Suit — Civil Court Lacks Jurisdiction Without Certificate Under Section 88-B(2) of Bombay Tenancy and Agricultural Lands Act, 1948. Suit by Trust for Possession of Tenanted Agricultural Land Barred in Absence of Certificate from Competent Authority.

20 Apr 2005

The case involves a Second Appeal filed by the original defendants against the judgment of the lower appellate court which decreed the suit for posses...

Supreme Court

Supreme Court Dismisses Appeal by Temple Idol Against Sale of Trust Property, Holds Trust is Private and Not Governed by Tamil Nadu HR&CE Act. Deed of Settlement Did Not Create a Specific Endowment in Favor of the Deity.

19 Feb 2020

The appeal arose from a judgment of the Madurai Bench of the Madras High Court dismissing the second appeal of the appellant, the Idol of Sri Renganat...

High Court

Bombay High Court Dismisses Notice of Motion for Injunction in Property Dispute — Plaintiffs Fail to Establish Prima Facie Case for Interim Relief. Court holds that mere pendency of suit does not entitle plaintiffs to injunction without showing strong prima facie case, balance of convenience, and irreparable loss.

5 Jun 2023

The present Notice of Motion was filed in 2015 in Suit No. 693 of 2015 by the plaintiffs, Sudha Aziz Jhaveri and others, seeking an interim injunction...

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,...

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