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Search Results for "Trustee suit"

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High Court

Bombay High Court Hears Appeal Against Removal of Sole Trustee Under Bombay Public Trusts Act, 1950. Dispute Concerns Alleged Mismanagement and Breach of Trust, with Appellant Claiming Customary Succession and Private Property.

1 Mar 2005

The appeal arose from a judgment and decree dated 1 September 1984 passed by the Assistant Judge, Nashik, in Trust Suit No.1 of 1972, whereby the sole...

High Court

Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

15 Oct 2019

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Section 9-A Application in Trust Property Suit — Permission Under Section 50 of Bombay Public Trusts Act Required for Suit by Trustee. The court held that the trial court's cryptic rejection was erroneous and remanded the matter for fresh consideration of the preliminary objection regarding jurisdiction and permission under the Act.

8 Feb 2006

The case involves a Civil Revision Application filed by Lakhanlal, Omprakash, and Dilip Purohit (applicants) against an order dated 22.6.1998 passed b...

High Court

Bombay High Court Allows Writ Petition Against Eviction Decree Reversal, Holds Suit by Trustee Maintainable Under Bombay Public Trust Act. The Full Bench decision in Shyamabai Surajkaran Joshi v. Madan Mohan Mandir Sanstha establishes that Sections 47 and 48 of the Indian Trust Act, 1882 do not apply to public trusts registered under the Bombay Public Trust Act, 1950, making a suit by a sole trustee maintainable.

11 Sep 2015

The petitioner, Patil Patwari Saraya Sansthan, a public trust registered under the Bombay Public Trust Act, 1950, filed a suit for eviction and posses...

High Court

Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

30 Nov -0001

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...

High Court

Bombay High Court Upholds Civil Court Jurisdiction in Trust Dispute — Suit for Injunction Against Former Trustee Not Barred Under Sections 50 and 51 of Bombay Public Trust Act, 1950. The court held that the bar under Sections 50 and 51 applies only to suits relating to administration of trust or appointment/removal of trustees, not to suits against a former trustee who has ceased to be a trustee.

26 Sep 2011

The revision petition was filed by the original defendant, Vijay Raghurama Shetty, challenging an order of the City Civil Court, Bombay dated 01.07.20...

Supreme Court

Supreme Court Sets Aside High Court's Declaration of Right to Appointment as Trustees in Suit Not Complying with Section 92 CPC. Bare Declaration of Right Without Consequential Relief is Barred by Section 42 of Specific Relief Act, 1877.

28 Aug 1969

The case originated from a charitable trust created by a deed of settlement in 1953. The original trustees included the settlor, the fathers of the tw...

High Court

Bombay High Court Allows Trust's Suit for Possession of Agricultural Land, Upholds Title and Rejects Adverse Possession Claim. The court held that a suit filed by a trustee with authorization from all trustees is maintainable and that permission of the Charity Commissioner is not necessary for a trustee to file a suit.

19 Dec 2018

The case involves a second appeal by the original defendants against the decree of the first appellate court which reversed the trial court's dismissa...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

5 Jan 2011

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...

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