Civil Procedure Code, 1908, Section 92, Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, Section 25 -- Suit regarding trust - Requirement of - Leave to file suit in representative capacity - When can be granted - Pre requisite of(i) Existance of Trust (ii) Registered charitable society (iii) Petitioner be member - No material to show..........
Civil Procedure Code, 1908, Order 21, Rule 92, 93, Companies Act, 1956, Section 457(1)(c), Companies (Court) Rules, 1959, Rule 272, 273, 274 -- Auction sale - Set aside - Repayment of purchase price - Interest - Under O.21.R.93 CPC it is discretion of Court setting aside sale either to award interest or not to award interest - Obtaining of possession by purchaser on..........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Sale of property of firm after dissolution having been ordered by High Court - Dissolution of partnership firm - Court sale of property of firm - In pursuance of direction of High Court after fixing shares of partners - Sale though not under O.21, C.P.C., broad principles under same would apply...........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Partnership dispute - Dissolution of partnership firm - Court sale of property of firm - In pursuance of direction of High Court after fixing shares of partners - Nature of sale - Sale though not under O.21, C.P.C., broad principles under same would apply...........
Civil Procedure Code, 1908, Order 21, Rule 92, Constitution of India, 1950, Article 226, Evidence Act, 1872, Section 115 -- Estoppel - Execution - Directions of High Court to sale property by public auction after publication - Private offer - Challenge to - Contrary to orders of Court alleged - Subsequent offer sale by private negotiation by objector - Not valid - Claim by..........
Civil Procedure Code, 1908, Order 7, Rule 3, Evidence Act, 1872, Section 92, 101 -- Evidence - Dispute regarding identity of property - Sketch plan prepared by the plaintiff - Not proved according to law - Written admission of defendant - Confronted with the same - Admitted its correctness - Placing reliance by Court on defendant's witness for conclusion that plaintiff..........
Civil Procedure Code, 1908, Section 92, 11 -- Representative suit - Binds not only the parties named in the suit title but all those who share common interest and are interested in the trust - Explanation VI to S.11 constructively bars by res judicata the entire body of interested persons from re-agitating the matters directly and substantially in issue in an earlier suit..........
Sikh Gurdwaras Act, 1925, Section 7(1), 8, 9, 10, 14, 16(2), 18(1)(g), Civil Procedure Code, 1908, Section 92, 11 -- Petition that institution is a Sikh Gurdwara - In an earlier civil suit u/s 92 CPC it was held that Nirmalas are not Sikhs and that Dera was maintained for an entirely distinct sect known as Nirmalas Sadhus who cannot be regarded as Sikhs and that mere fact..........
Civil Procedure Code, 1908, Section 92 -- `Dharamsala' - User for 125 years as such - Whether leads to an inference that the same belongs to a public trust? - Held long user of a property as Dharamsala by itself would not lead to an inference that dedication of the property in favour of the public was complete and absolute - If there had been such a dedication then the..........
Civil Procedure Code, 1908, Section 92 -- A Hindu is entitled to dedicate his property for religious and charitable purposes and no instrument in writing is necessary - When a dedication to a charity is sought to be established in absence of an instrument or grant, then such dedication must be established by cogent and satisfactory evidence of conduct of parties and user..........
