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Documents citing Sri L. Shivalingaiah S/O Lingaiah vs Panchajanya Vidya Peetha Welfare Trust ... on 4 June, 2007

Dr Gonchigari Narayana vs Sri Jagadeesh S on 24 April, 2014

Such submission cannot be accepted. Had there been any clause in the Trust Deed for removal of Trustee or a person holding the post of Secretary etc., the plaintiffs would have taken appropriate action for removal of the Secretary in accordance with such clause in the Trust Deed. In the absence of such clause relating to removal of office bearer from the post which he is holding or from the post of a Trustee, the only course open to the plaintiffs is to approach the Civil Court for appropriate relief under Section 92 of CPC. The plaintiffs have got every right to approach the Civil Court to obtain a decree for removing the defendant No.1 as a Trustee and for appointing a new Trustee. So also the plaintiffs can approach the Civil Court for removal of the defendant No.1 from the post of Secretary and to appoint another person as Secretary in his 16 place. It is also open for the plaintiffs to seek direction for production of the accounts and to hold enquiry. Since the plaintiffs can approach the Civil Court under Section 92 of CPC, they have rightly approached the Civil Court for appropriate reliefs {see L. SHIVALINGAIAH .vs. PANCHAJANYA VIDYA PEETHA WELFARE TRUST (REGD.), BANGALORE AND OTHERS - (2007)5 KLJ 625}. Hence the observations of the Civil Court that the Trustee shall hold the office for life, despite any proved allegation against the Trustee, is not just and proper.
Karnataka High Court Cites 8 - Cited by 0 - M M Shantanagoudar - Full Document
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