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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Power of Attorney Act, 1882, Section 2, Rajasthan Public Trust Act, 1959, Section 2(17), 2(18) -- Power of attorney holder of Trust who was Manager of Trust - As per provisions of Ss.2(17) and 2(18) of Act of 1959, Manager of a Trust holds the capacity of a Trustee - He can lead evidence on behalf of Trust...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
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,..........
Adverse possession -- Waqf property - Beneficiary of a waqf, who is neither a trustee nor a co-owner of waqf property, can acquire title through adverse possession even if it is property of waqf...........
Evidence Act, 1872, Section 114, 106, 120 -- None appearance of plaintiff as his own witness - Suit filed on behalf of Trust through its trustee/wife - Husband is competent enough to prove pleading of plaint being one of trustees of trust and also authorized to depose u/s 120 of Evidence Act - Non-appearance of wife being plaintiff witness in support of pleading of plaint,..........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Once entrustment of gold ornaments by wife to husband is made, a trust gets created and being a trustee, husband is liable to return the same...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Locus to file suit - Plaintiffs belong to family of Founder of Trust and used to visit the temple for darshan and pooja of deity - Moreover, trustee has ample opportunity to lead evidence to disprove the statement of plaintiff that they belong to family of founder of Trust -..........
