Civil Procedure Code, 1908, Section 9,11,92 -- Bar on jurisdiction - Suit for modification of scheme already settled by Court for administration of private religious trust - Maintainable - Application can be filed if modification is for purpose of administration - Not barred u/s 11 CPC...........
Trusts Act, 1882, Section 59, Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Trustees of Trust filing Original Petition for enforcement of their rights - In order to execute Trust, right is only to file suit and not any original petition - Trust Act contains no provision to convert original petition into a suit - Held, original petition..........
Civil Procedure Code, 1908, Section 92, Constitution of India, 1950, Article 30 -- Public Trust - Breach of trust - Institution of suit - Held, two or more persons having interest in the trust may institute a suit in principle civil court of original jurisdiction to obtain a decree concerning a public charity for various purposes mentioned therein - Such suit will lie..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died, it is open to one or more persons who has/have an interest in the trust to come forward and continue the suit by impleading himself/themselves U.O.1.R.10(2) CPC - It is not necessary for such a person to obtain leave of Court..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal to grant - No prima facie case made out by appellants - Appellants are in possession of disputed property - Committed breach of trust of N.I.T. and public at large and in particular the poor passengers, patients and relatives for many years - Held, balance of convenience cannot lie in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Partition suit - Plaintiff by way of proposed amendment wants to plead that his father held suit property in fiduciary capacity in trust for benefit of plaintiff and his mother - Held, fiduciary capacity in such transaction arises on account of relationship which father has with minor child - Proposed..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Proof of - There is nothing on record to suggest that any member of the public had any say with regard to the management of Dharmshala or that any public member had ever participated in the management of Dharmshala - Courts below came to the conclusion that suit property was a public trust without any..........
Civil Procedure Code, 1908, Section 92, 27(4) - - Trust - Jurisdiction of Civil Court - Bar as to - Relief claimed to declare resolution null and void by which plaintiff was removed from trusteeship and applicant No.3 to 5 have been inducted as its trustee - Held, suit was not brought by plaintiff as representative of public for vindication of public rights and the same is..........
Civil Procedure Code, 1908, Section 92 -- Conditions required to be satisfied in order to apply S.92 of the Code are : (a) There is a trust created for public purpose of a charitable or generous nature; (b) There is a breach alleged of such trust, or the direction of the Court is necessary for the administration of such trust; (c) The suit must be a representative one on..........
