Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Ss.92, 93 of the Code not applicable to Hindu Religious Institutions and Endowments as per S.5(e) of Act of 1959...........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Section 92, Specific Relief Act, 1963, Section 38 -- Public charities - Suit for possession - Oral gift - Nature of property - Suit property gifted for construction of Dharmshala along with agricultural land - To ensure regular supply of food to religious tourists coming to stay in Dharamshala - More so, it is specifically recorded in oral gift..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90, 92 -- Auction sale - Setting aside - When auction purchaser is DH himself and when an application is made to set aside sale on a ground other than that covered by O.21.R.90 CPC and no application has been made U.O.21.R.89 CPC, case would fall u/s 47 CPC...........
Civil Procedure Code, 1908, Section 92 -- Suit against Public Charitable or Religious Trust - Leave to file suit is pre-condition - There will be no properly instituted suit under law before formal leave is granted - Only after grant for leave to institute suit, other interlocutory applications can be considered and orders can be passed...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave to plaintiff without hearing defendant - If leave is granted, without hearing defendant, he is entitled to file application to revoke leave granted to plaintiff...........
