Brijesh Kumar Srivastava

Hon'ble Judge(s): Sudhir Agarwal, Brijesh Kumar Srivastava , JJ

AIR Law Lines - Point Extract

(C)

Civil & Constitution

Trusts

Suit By Trust

Objection In Appeal As To Non Taking Of Permission Of Authority - Tenability

— Objection as to taking prior permission of Charity Commissioner not raised before subordinate Court cannot be raised for first time in appeal especially in absence of any pleading.

(D)

Civil & Constitution

Trusts

Suit By Trust

Plea Regarding Maintainability Of Suit - Sustainability

— Suit for removal and appointment of trustees — Adjudicatory forum specifically provided in Act for dealing with subject matter of suit — Plea raised as to suit being barred, not tenable.

(B)

Civil & Constitution

Trusts

Suit By Trust

Suit Relating To Public Trust Or Trustees - Territorial Jurisdiction

— Suit relating to public trust or trustees can be filed in Court within whose local jurisdiction part of property of Trust is situate.

(A)

Civil & Constitution

Civil Procedure Code

Jurisdiction Of Civil Court

Objection As To Jurisdiction - When Can Be Raised

— If taken in pleadings before subordinate Court can be raised before appellate Court.