Interest Required for Section 92 CPC Leave in Temple Trusts

Held: (1) According to Section 102 (1) before filing an action the Plaintiffs are required to comply with the provisions of the section 102 (3) of the Trust Ordinance. ... It is not in dispute that the defendant-petitioners have been functioning as the trustees of the temple at the time of filing of the District Court action. ... According to section 102 (1) before filing an action the plaintiffs are required to comply with the provisions....

2023 0 Supreme(Mad) 3251

It is also submitted that the temple activities are being regularly carried out and that, the respondents are extending utmost co-operation for the smooth functioning of the temple. Therefore, the learned counsel submitted that leave granted by the learned Judge may not be disturbed. ... It appears to be a convenient internal arrangement between the parties as to who should construct the temple and how the temple must be managed and no more. Therefore, this Court does not consider that....

2025 0 Supreme(Ker) 1994

The Trust and the Trustees who have been managing the temple are not made parties to the suit. As such, the suit as framed is not maintainable. The Trial Court is perfectly justified in refusing to grant leave under S. 92 CPC to the Applicants. ... Learned Counsel concluded by submitting that the conditions for granting leave under S. 92 CPC are satisfied by the Applicants and praying to grant leave setting aside the impugned order. ... As per the averments in the App....

2024 0 Supreme(Ker) 1641

As per sub-section (1) of Section 31A, a Committee for each temple, in the name “Temple Advisory Committee” (name of the temple), may be constituted in order to ensure the participation of Hindu devotees. ... As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under subsection (1) may be approved by the Board. ... trustee may not use or deal with the trust property for his own profit or for any other pur....

2025 0 Supreme(Ker) 2422

Due to lack of periodical auditing and lack of control over their functioning and the lack of proper guidelines in the matter of their functioning, there is absolutely no uniformity among the Temple Advisory Committee constituted with the devotees. ... As per sub-section (1) of Section 76A, a committee for each temple in the name "Temple Advisory Committee’’ (name of the Temple)" may be constituted in order to ensure participation of Hindu devotees. ....

2025 0 Supreme(SC) 839

The source of power of the Court to grant interim relief is under Section 94. However, exercise of that power can only be done if the circumstances of the case fall under the rules. ... for devotees, which have not been functioning properly despite this being essential tradition/practice of the temple. ... Therefore, when a matter comes before the Court, the Court has to examine the facts of each case and ascertain whether the ingredients of Section 94 read with rules, in an order, are satisfied and acc....

Madras High Court

According to him, any narrow construction would leave the petitioner-trust without remedy in its struggle to run the Section 41 " Resumption and re-grant ... In view of the proceedings of the temple under Section 34-C which operate as a bar under Section 34- Orphanage run by the temple so as to continue the charitable activity p style="position

2024 0 Supreme(Raj) 533

Bhatiyan may kindly be released in favour of the Temple or the Trust working for management of the temple, the interest upon such amount from the date of award to till realization may also be awarded. ... This Court also observes that the Temple in question is registered as a Public Trust and the definition of ‘Public Trust’ as contained in Section 2 (11) of the Act of 1959 reads as under:- “(11) “Public trust" means an express or c....

2025 Supreme(Online)(Mad) 74183

Section 6 of the Act, which is subject to Section 5, requires that there must be an intention to create a trust, the purpose of the trust, the beneficiary, and identifiable trust property. ... They have acquired properties for the said Trust and the plaintiffs 1 to 3 or other members of Anna Nagar colony has no manner of right or interest over Velladichivi Oor Hindu Nadar Samudayam or the Sudalaimadaswamy Temple and Malai Arasan Temple#HL_....

2025 0 Supreme(All) 3258

as to whether there is any public or private trust and any violation which may permit the Court to grant the leave in terms of Section 92 CPC. ... temple was a public trust, accordingly as there were complaints that the temple property was being alienated, accordingly the application under section 92 CPC was allowed. ... The temple is a public temple where the public at large comes for darshan and since the revis....

2019 0 Supreme(Bom) 1421

There is a temple, which is administered and managed by this Trust. The land on which this temple stands was leased by the original owners to the Managing Committee of the temple. 5. It is claimed that petitioner No.8 is a registered Trust.

2019 0 Supreme(P&H) 1696

(2) The refusal of leave does not automatically establish a Govt. (3) A Govt. employee applying for leave must do so in sufficient time to enable a competent authority to decide whether leave should be granted from the date it is asked for, and where necessary to arrange for a special substitute. Such authority has full discretion to grant or refuse leave, but should not hesitate to refuse where it considers that (I) leave is unnecessary, or (2) where the grant may cause some administrative inconvenience, leave could have been asked for and granted earlier, or (3) leave has been asked for on....

2018 0 Supreme(Del) 1718

There are no circumstances shown to the court to show that plaintiffs No. 1 and 2 are not acting for the benefit of the minor/plaintiff No. 3. I may note that under section 8 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate. Accordingly, in my opinion, this is a fit case to grant permission, if so required, under section 11 of the Indian Trust Act. A decree is to be passe....

2016 0 Supreme(Del) 812

The first is that the suit can be registered upon motion of the Advocate General of the concerned State. In Mahomed Ismail Ariff (supra), the Court highlighted that the proposals given by one party or the other - even by way of agreement do not bind it because the larger interest of the general public who are served by the Trust have to be kept in mind. A unique nature of these proceedings has been commented upon in numerous decisions. Independently or concurrently with that, it is open to the two or more persons having interest in the Trust or its functioning to apply to the Court....

2013 0 Supreme(Mad) 2292

9. AND WHEREAS after careful consideration, taking into account the reasons stated in para 8 above, the following facts emerge : (i) The Trust has misused the exemption granted to the temple under Section 4; and The trust has diverted the funds and donations collected from the devotees.”