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Supreme Court Allows Trust's Suit Against Sevadar, Holds Section 92 CPC Inapplicable to Suits by Trusts. Trust's Suit for Mandatory Injunction and Rendition of Accounts Against Sevadar Maintainable Without Leave Under Section 92 CPC.

The appellant, Ghat Talab Kaulan Wala, a trust, filed a suit for mandatory injunction against Baba Gopal Dass, who was a Sevadar (servant) of the temp...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...

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Bombay High Court Considers Originating Summons Regarding Interpretation of Will and Executor’s Discretion. Questions Raised Include Validity of Purchase of Bungalow Instead of Flat and Nature of Bequeath to Plaintiff and Granddaughter Under Clauses 15, 6, 7, etc.

The present originating summons arose from disputes concerning the last will and testament of Mrs. Pillo M. Ghaswala, who died on 7 October 1989. The ...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

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Bombay High Court Dismisses Section 9 Petition for Interim Measures in Family Trust Dispute, Leaves Validity of Arbitration Agreement to Arbitrator under Section 16. Beneficiary Not Signatory to Trust Deed Cannot be Non-suited at Interim Stage When Arbitrator Already Appointed.

The case involved a dispute under a family trust, the Alimchandani Family Trust, created by a deed dated 24th March 1982. The settlor was Indira Bihar...

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Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

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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.

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