Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Industrial Disputes Act, 1947, Section 2(j) -- Industry - Trust being a temple would not fall within four corners of expression "industry"...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Trust not arraigned as an accused in complaint - Complaint is maintainable against Trustee who has signed the cheque, without requirement to array Trust also as an accused...........
Trusts Act, 1882, Section 3 -- Trust - Trust does not have a separate legal existence of its own making it incapable of suing or being sued - Trustee has the obligation to file, maintain and defend any suit on behalf of Trust...........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - In serious offences under POCSO Act, particularly those involving familial betrayal of trust, relief cannot be granted as a matter of routine...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have been living separately since last 15 years and during said period, there is no cohabitation between them - Hence, after such long period possibility of shattering of emotional intimacy, mutual respect and trust between them cannot be ruled out - Divorce rightly granted...........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
