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Search Results for "Trustee suit"

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High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint ...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Allows Appeal in Temple Trusteeship Dispute — Executing Court Cannot Reopen Final Findings. High Court Exceeded Revisional Jurisdiction Under Section 115 CPC by Setting Aside Executing Court's Order Dismissing Section 47 Application.

13 Sep 2019

The appeal arose from a dispute over the trusteeship of a temple. The suit temple properties were originally administered by three brothers, Sadhasiva...

High Court

Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

21 Dec 2018

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

High Court

Bombay High Court Dismisses Revision Against Charity Commissioner's Order in Trust Registration Dispute — Public Trust Act Provisions for Inquiry and Registration Upheld. The court held that registration under Section 18 of the Maharashtra Public Trusts Act, 1950 is administrative and does not require prior hearing, and the remedy lies in participating in the inquiry under Section 19.

30 Nov -0001

The petitioners, who claimed to be trustees of a public trust, challenged the order of the Assistant Charity Commissioner registering the trust under ...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

High Court

Bombay High Court Dismisses Application to Continue Suit for Declaration as Dai Al-Mutlaq After Plaintiff's Death — Suit for Personal Status Abates Under Order 22 Rule 1 CPC. The court held that a suit for declaration of personal status is not heritable and cannot be continued by a legal representative claiming a derivative title.

7 Mar 2017

The original plaintiff, Khuzemabhai, filed a suit seeking a declaration that he was validly appointed as the 53rd Dai Al-Mutlaq (spiritual leader) of ...

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

Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

8 May 2015

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

High Court

Bombay High Court Dismisses Appeal Challenging Removal of Trustees Under Bombay Public Trust Act, 1950 — Upholds Charity Commissioner's Order for Mismanagement and Misappropriation of Trust Funds. The court held that findings of fact based on evidence cannot be interfered with in second appeal unless perverse, and that principles of natural justice were complied with.

17 Sep 2020

The present appeal arises from the dismissal of a proceeding under Section 41-D(5) of the Bombay Public Trust Act, 1950 by the District Judge-II, Nagp...

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