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Civil procedure

SANJIT SINGH SALWAN & ORS. versus SARDAR INDERJIT SINGH SALWAN & ORS.

Because the respondents had affirmatively pleaded that their suit was not barred by Section 92 CPC, agreed to have disputes resolved by arbitration, accepted the arbitral award and sought disposal of their appeal in terms of that award resulting in a consent/compromise decree, they are estopped by their conduct and election from subsequently challenging the validity of the award or the decree on the ground of non-arbitrability; accordingly the orders holding the award to be a nullity were set aside and the appellants were permitted to revive execution proceedings.

Source excerpt

  • Estoppel by conduct
  • Doctrine of election
  • Approbation and reprobation
  • Arbitrability
  • Consent/compromise decree
  • Execution of decree
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Civil procedure

OPERATION ASHA versus SHELLY BATRA & ORS.

The Supreme Court dismissed the appeal and upheld the High Court’s grant of leave under Section 92 CPC: the appellant society is of a public charitable nature; Section 5 SR Act does not preclude a constructive trust being found where funds entrusted for public purposes are allegedly siphoned or misapplied; the governing body holds society property in a fiduciary capacity and allegations of diversion/siphoning by office-bearers prima facie justify invoking the doctrine of constructive trust and leave under Section 92 for reliefs such as accounts, removal and settling a scheme; purely private r…

Source excerpt

  • Section 92 cpc
  • Constructive trust
  • Vested property under section 5 societies registration act, 1860
  • Leave to institute representative suit
  • Public charitable institutions
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Property

J. GANAPATHA AND OTHERS versus M/S N. SELVARAJALOU CHETTY TRUST REP. BY ITS TRUSTEES AND OTHERS

The court held that the Plaint Schedule was validly transferred to the late Padmini Chandrasekaran by virtue of the court auction dated 04.05.1962 and the subsequent sale deed; therefore Defendant No.1 could not acquire or convey title by the will of 30.05.1962. In the circumstances, the trial court permissibly moulded relief in favour of the executor to set aside the sale deeds in favour of Defendant Nos. 3 to 6 and grant injunctive relief to give effect to the probated will; the appellate courts correctly confirmed this and the appeal was dismissed.

Source excerpt

  • Moulding of relief
  • Court auction sale
  • Sale deed
  • Probate of will
  • Executor's rights
  • Title dispute
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Civil procedure

INDIAN EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIATION versus SRI BALA & CO.

The plaint in O.S. No.49/2007 was filed in 2007 as a second suit after rejection of an earlier plaint on 12.01.1998; the right to present a fresh suit under Order VII Rule 13 accrued on 12.01.1998 and Article 113 (three years from accrual of right to sue) governs such a second suit; the three-year period expired on 12.01.2001 and the 2007 suit was therefore barred by limitation and the plaint is liable to be rejected under Order VII Rule 11(d) CPC.

Source excerpt

  • Order vii rule 11(d) cpc
  • Order vii rule 13 cpc
  • Article 113 limitation act, 1963
  • Article 54 limitation act, 1963
  • Specific performance
  • Rejection of plaint
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Succession

MAHARANI DEEPINDER KAUR (SINCE DECEASED) THROUGH LRS. & ORS. versus RAJKUMARI AMRIT KAUR AND ORS.

Concurrent findings of the Trial Court and High Court that the alleged Third Will dated 01.06.1982 was fabricated, that Rule of Primogeniture did not apply to succession of the Ruler's private properties, and that the registered Will of Maharani Mohinder Kaur (29.03.1990) was valid and governed the share of her beneficiaries, justify dismissal of challenges; succession to the properties shown as private in the Covenant is governed by personal law/valid testamentary instruments rather than primogeniture or the Raja Faridkot Estate Act, 1948.

Source excerpt

  • Hindu succession act, 1956 s.5
  • Rule of primogeniture
  • Validity of wills (alleged 1982 will)
  • Pepsu covenant/instrument of accession
  • Raja faridkot estate act, 1948
  • Maintainability of suits
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Trusts

V. PRAKASH @ G.N.V. PRAKASH versus M/S. P.S. GOVINDASWAMY NAIDU & SONS’ CHARITIES REPRESENTED BY ITS MANAGING TRUSTEE & ORS.

The High Court erred in treating the residence qualification as requiring continuous physical presence and in giving decisive weight to the Green Card and a mere arithmetic count of days; having regard to the trust's Scheme (heritable founder trusteeship), the appellant's Aadhaar, Indian tax assessments, property, bank accounts, declared animus to reside in India and prior participation in trust affairs established eligibility to be founder trustee, so the Trial Court's judgment recognizing the appellant was restored and the High Court judgment set aside.

Source excerpt

  • Residence qualification for trusteeship
  • Construction of scheme of administration
  • Effect of foreign permanent resident/green card on eligibility
  • Estoppel
  • Res judicata
  • Evidence of residence (aadhaar, tax assessments)
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Religious institutions

SRI MARTHANDA VARMA (D) TH. LRS. & ORS. versus STATE OF KERALA & ORS.

Direction No.116(g) of the judgment dated 13.07.2020, when read in light of the Amicus Curiae report dated 15.04.2014 and the submissions recorded on 05.05.2015, was intended to encompass audit of the Sree Padmanabha Swamy Temple Trust as well as the Temple; accordingly the prayer to exclude SPSTT from that audit was rejected, while the prayer for a declaratory finding on the trust's independent status requires factual inquiry and was not adjudicated; the special audit of the Temple and SPSTT was directed to be completed as early as possible, preferably within three months.

Source excerpt

  • Special audit
  • Temple administration
  • Travancore-cochin hindu religious institutions act, 1950
  • Distinctness of trust from temple
  • Covid-19 financial impact
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Civil procedure

ASHOK KUMAR GUPTA & ANR. versus M/S SITALAXMI SAHUWALA MEDICAL TRUST AND OTHERS

The Trial Court correctly granted leave under Section 92 because (1) the Trust was admitted to be a public charitable trust, (2) the plaint pleaded mismanagement, conversion to a private family trust and necessity to frame a scheme for administration by competent persons, and (3) the reliefs claimed (framing a scheme, removal and appointment of trustees including appointment of medical-professional trustees) fall within the reliefs enumerated in Section 92 and were directed to protect public rights rather than merely private rights; accordingly the High Court's revocation of leave was set asi…

Source excerpt

  • Section 92 cpc
  • Public charitable trusts
  • Leave to institute suit
  • Administration of trusts
  • Removal and appointment of trustees
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Trusts

THE IDOL OF SRI RENGANATHASWAMY REPRESENTED BY ITS EXECUTIVE OFFICER, JOINT COMMISSIONER versus PK THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST, REP. BY ITS MANAGING TRUSTEE AND ORS.

On a fair construction of the Deed of Settlement the settlor divested himself and his heirs of the property and reserved it for continuation of charitable activities for 'devotees' during specified Hindu festivals; the beneficiaries are an uncertain and fluctuating body (public) and the charity is associated with Hindu festivals, therefore the Deed created a 'religious charity' and a 'specific endowment' under Sections 6(16) and 6(19) of the Tamil Nadu HR&CE Act, 1959; accordingly the Act applies, Section 108 bars civil suit jurisdiction, and sanction for alienation must be sought from the Co…

Source excerpt

  • Specific endowment
  • Religious charity
  • Public trust vs private trust
  • Alienation of trust property
  • Jurisdiction of civil courts
  • Interpretation of settlement deed
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Waqf

MD. ABRAR versus MEGHALAYA BOARD OF WAKF & ANR.

The waqif, by the terms of the waqf deed, intended that after the death of any of the original joint mutawallis, the survivor must nominate a successor from the waqif's family line, which includes descendants through the female line. Since the surviving mutawalli has shown disinclination to nominate a successor to the deceased co-mutwalli, the Wakf Board is directed to appoint a competent person from amongst co-mutwalli descendants to succeed to joint mutwalliship, and such successor may nominate his own successor from the same family line thereafter.

Source excerpt

  • Mutwalliship
  • Hereditary succession
  • Family line under waqf
  • Nomination of mutawalli
  • Cognatic and agnatic heirs
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.