Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Taking away stridhan articles from a married woman by mother-in-law amounts to a serious domestic violence apart from constituting an offence of criminal breach of trust under IPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
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...........
Registration Act, 1908, Section 32A, Proviso -- Compulsory affixing of photograph etc. - Registration of trust deed or cancellation of trust deed - Where transfer of ownership of immovable property is not involved, it is the main Section i.e S.32-A of the Act and not S.32-A Proviso of the Act that applies...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Non-issuance of notice to proposed defendant before granting leave to suit u/s 92 CPC will not render the suit invalid since an order granting leave to suit does not prejudice rights of proposed defendant in suit - Proposed defendant has opportunity to lead evidence and establish..........
Civil Procedure Code, 1908, Section 92 -- Leave to institute suit u/s 92 CPC - Public trust or private trust - Trust deed stipulates that proceeds of property of trust must be utilized for maintenance of temple - Income of trust is to be utilized for discharging Government revenue - Trust deed prohibits trustees from transferring any property of trust and further not to..........
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 -..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Trustees contended that trust deeds provided that if there is any dispute in respect to trust same may be referred to five panchas of Panchyat - Contention rejected firstly on the ground that dispute is not concerning about trustees rather allegations is of mismanagement of trust..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Cancellation - Misuse of status by Trust after registration - Entity which is misusing status conferred upon it by S.12-AA of the Act is not entitled to retain and enjoy said status - Registration of Trust rightly cancelled by authorities...........
