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Search Results for "Trust Suit"

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High Court

Bombay High Court Dismisses Trust's Petition Challenging Tenant's Purchase Right Under Bombay Tenancy Act — Mutation Entry Not Sufficient to Establish Res Judicata. The court held that a mutation entry recording rejection of an earlier application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, without the underlying order, does not bar a subsequent application on principles of res judicata.

2 Aug 2024

The Bombay High Court dismissed a writ petition filed by a trust challenging the orders of the Maharashtra Revenue Tribunal (MRT) and the Agricultural...

High Court

Bombay High Court Allows Appeal in Trust Dispute, Sets Aside Removal of Trustees Under Bombay Public Trust Act. Court holds that the Charity Commissioner's order removing trustees was without jurisdiction as the dispute was not a 'change' under Section 22 of the Act.

19 Aug 2013

The case involves a dispute among trustees of an educational trust registered under the Bombay Public Trust Act, 1950. The appellants, who were truste...

High Court

Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit. Defendant Failed to Disclose Triable Issue or Bona Fide Defence Under Order 37 CPC.

15 Apr 2010

This Civil Revision Application was filed by the original respondent (defendant) against an order dated 23rd July 2009 passed by the learned Judge of ...

High Court

Bombay High Court Dismisses Second Appeal by Temple Trust in Suit for Accounts Against Forest Department — Limitation Bar and Lack of Evidence of Entitlement to Profits. Suit for accounts filed in 1995 claiming profits from 1943 held barred by limitation under Article 113 of Limitation Act, 1963, and appellants failed to prove entitlement to 50% of forest revenue.

22 Mar 2016

The appellants, Shri Kshetra Mahableshwar Devasthan Trust and its trustees, filed a second appeal under Section 100 of the Code of Civil Procedure, 19...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

18 Apr 2011

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

24 Mar 2021

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...

High Court

High Court of Bombay Adjudicates Suit for Recovery of Port Trust Dues Under Major Port Trust Act, 1963. The Court Considered the Liability of an Importer, a Canalising Agent, and a Shipper for Wharfage and Demurrage Charges After Goods Remained Uncleared for Years and Were Auctioned.

4 Aug 2005

The Board of Trustees of the Port of Bombay, a statutory corporation under the Major Port Trust Act, 1963, filed Suit No. 1533 of 1985 before the High...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

18 Nov 2013

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

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