Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - No specific purpose of allotment mentioned - Since allotment was in favour of Trust as such allotment could be used for a charitable purpose only...........
Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Payment of Bonus Act, 1965, Section 32 -- Applicability of Act - Appellant Trust is running factories - No evidence on record to show that appellant is run by Indian Red Cross Society or that appellant is an institution similar to said Society - Nor can it be said that appellant is an institution exempted u/s 32(v)(c) of the Bonus Act - There is thus, no doubt regarding..........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - In order to maintain a suit u/s 92 CPC, persons applying should show existence of a public charitable or a religious Trust or a purpose - There should be a clear breach of terms of Trust - Such a petition could be filed by two persons interested in the affairs of Trust...........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - For Court to exercise jurisdiction u/s 92 CPC, there must be a factual finding from material placed on record whether Trust was a public charitable or a religious Trust and also whether persons approaching Court have any interest in Trust...........
